Chapter 12.24
PUBLIC PARKS
Sections:
12.24.030 Promulgation of rules and regulations.
12.24.040 Compliance with rules required.
12.24.060 Activities in parks—Prohibited acts.
12.24.070 Animals in public parks.
12.24.080 Alcoholic beverages.
12.24.090 Soliciting, selling and advertising.
12.24.130 Vehicles prohibited.
12.24.170 Temporary exclusive use permit.
12.24.180 Temporary exclusive use permit—Liability/insurance.
12.24.190 Permit—Application process.
12.24.010 Purpose.
The purpose of this chapter is to regulate the use of parks and recreation areas of the city for the optimum benefit and enjoyment of the residents of San Jacinto; to establish standards to prevent the misuse and destruction of city park and recreation areas; and, to establish regulations to promote the safety and comfort of users of the parks and recreation areas as well as persons residing or owning property in the vicinity or these areas. (Ord. 952 § 1 (part), 1992: prior code § 9.25.010)
12.24.020 Definitions.
For purposes of this chapter the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein:
“Alcoholic beverages” includes alcohol, spirits, liquor, wine, beer and every liquid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
“Application” means the preliminary request, declaration, or statement made by a party applying for use of parks or recreation areas or any specific facility within the park or recreation area on a form approved by the city.
“Chief of police” means the chief law enforcement officer of the city or his or her authorized representative.
“City” means the city of San Jacinto, state of California.
“City park and recreation areas” means and includes all grounds, buildings, improvements and areas dedicated for use by the public for park, recreation or open space purposes, and any part, portion or area thereof including parking lots whether developed or undeveloped or over which the city has acquired right of use for such purposes.
“Director” means the city manager or his or her authorized representative.
“Fee” or “fees” mean a charge fixed by law for services or for use of a privilege under control of the city.
“Fire chief” means the chief fire official of the city or his or her designee.
“Hold harmless agreement” means an agreement or contract in which one party agrees to hold the other without responsibility for damages or other liability arising out of the transaction involved.
“Insurance” means a contract whereby one undertakes to indemnify another against loss, damage or liability arising from an unknown or contingency or act to occur an the future.
“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
“Vehicle” means any wheeled conveyance, whether motor powered, animal drawn, or human powered. The term shall include any trailer in tow of any size, kind or description. Exception is made for baby carriages, strollers, wheelchairs and vehicles in the service of the city. (Ord. 952 § 1 (part), 1992: prior code § 9.25.020)
12.24.030 Promulgation of rules and regulations.
The director shall promulgate rules and regulations for the operation of city parks, recreation areas and facilities and shall set fees as necessary for their use. Such fees shall become effective from the time they are approved by the city council. Such rules and regulations, or excerpts thereof, shall be posted in city parks, recreation areas or facilities if such posting is feasible in the opinion of the director; irrespective of posting, copies of such rules and regulations shall be available to persons desiring copies thereof at the office of the director during business hours. (Ord. 952 § 1 (part), 1992: prior code § 9.25.030)
12.24.040 Compliance with rules required.
Any person entering in or upon any park or recreation facility of the city shall comply with the provisions of this chapter and all related provisions of this code. The operation of all city park and recreation areas shall be under the control of the director. Maintenance and capital improvements of all city park, recreation areas, and facilities therein shall be under the control of the director of public works. The chief of police or city code enforcement officers are responsible for enforcing the provisions of this chapter and shall take appropriate actions in the case of any violations thereof. (Ord. 952 § 1 (part), 1992: prior code § 9.25.040)
12.24.050 Hours of operation.
All parks, recreation areas and facilities therein, including parking lots serving said areas, shall be closed to the public between the hours of 8:00 p.m. and 6:00 a.m. the next day from October 1 through March 31, and between 9:00 p.m. and 6:00 a.m. of the next day from April 1 through September 30 with the following exceptions:
A. Lighted fields and courts will be closed to the public between 11:00 p.m. and 6:00 a.m. of the next day and shall be controlled by a separate posting in substantially the form set forth in Exhibit “A.”
B. The parking lot(s) serving the area of any park or park facility may remain open during the time said facility is being used for special events and for one hour after the closing thereof.
C. Parks and recreation areas may remain open during any recreation program conducted or authorized by the director and for one hour after the closing thereof. (Ord. 1089 § 1, 2001: Ord. 952 § 1 (part), 1992: prior code § 9.25.050)
12.24.060 Activities in parks—Prohibited acts.
Unless expressly authorized by the director, no person while in any park, recreation area or facility shall:
A. Practice, play, or in any way engage in the art of archery except where expressly authorized by lawful city posting;
B. Play or engage in active sports or games except on areas set aside for such use;
C. Operate powered or line-attached model crafts of any kind or description except in areas provided for such specific activities;
D. Camp, lodge or remain in park, recreation areas or facilities thereon in violation of operating hours;
E. Bring, land or cause to descend any airplane balloon, parachute or other apparatus used for aviation purposes except as may be authorized through special permit or in emergencies, from the chief of police or fire chief;
F. Play, practice or in any way engage in the game of golf except in areas provided for such specific purposes;
G. Swim, bathe or wade in any fountain, pond, lake or stream, except in pools provided for such purposes;
H. Picnic or lunch in a place where notice has been placed prohibiting the consumption of food;
1. Use tennis courts unless wearing soft rubber soled shoes;
J. Give, present or engage in any exhibition, show, play, performance, dance or concert for monetary gain unless authorized by special permit;
K. Use electrical amplifying equipment, unless approved by special permit;
L. Use any restroom, washroom or dressing facility not provided for his or her sex, other than a child under the age of six years accompanied by a parent or guardian; or
M. Possess or discharge any weapon, fire-cracker or similar fireworks material except as authorized by special permit.
N. Any other acts prohibited under Penal Code Sections 647(a) through (f) and (k) (disorderly conduct) or Penal Code Section 602 (trespass).
Authorization by the director shall not relieve any person so authorized from complying with all applicable ordinances and laws and securing all necessary permits otherwise required. (Ord. 1089 § 2, 2001; Ord. 952 § 1 (part), 1992: prior code § 9.25.060)
12.24.070 Animals in public parks.
Animals in public parks shall be authorized as specified in Title 6 of this code. (Ord. 952 § 1 (part), 1992: prior code § 9.25.070)
12.24.080 Alcoholic beverages.
No person shall transport onto a city park recreation area or facilities thereon, or consume within any city park, recreation area or facilities thereon any alcoholic beverage unless expressly authorized by the director. (Ord. 952 § 1 (part), 1992: prior code § 9.25.080)
12.24.090 Soliciting, selling and advertising.
No person shall vend, offer for sale or dispose of any goods, wares or merchandise, or conduct any business within a city park unless authorized to do so by the director. No person shall distribute, circulate, or give away any commercial handbills, circulars, pamphlets, tracts, dodgers or advertisements, or post, or affix to any tree, fence or structure situated within the city park or recreation area, any such commercial handbill, circular, pamphlet, tract, dodger or advertisement, unless authorized to do so by the director. (Ord. 1070 § 8, 1999: Ord. 952 § 1 (part), 1992: prior code § 9.25.090)
12.24.100 Plants.
No person shall pick, dig up, cut, mutilate destroy, injure, disturb, move, molest, bum or carry away any plant or vegetation, or portion thereof, including aquatic plants. (Ord. 952 § 1 (part), 1992: prior code § 9.25.100)
12.24.110 Rubbish.
No person shall leave, dispose of or throw away any garbage, refuse, cans, trash, ashes, bottles, broken glass, or like substances except in receptacles designated for such litter. (Ord. 952 § 1 (part), 1992: prior code § 9.25.110)
12.24.120 Open fires.
No person shall ignite, maintain or use any fire in a park, recreation area or facility thereon except in designated cooking areas or cooking devices designed for such use unless approved by the fire chief. (Ord. 952 § 1 (part), 1992: prior code § 9.25.120)
12.24.130 Vehicles prohibited.
No person shall drive a vehicle within any park or recreation area except on roadways so designated. This section shall not apply to city vehicles in the performance of maintenance duties or emergency or public utility vehicles in the performance of official duties. (Ord. 952 § 1 (part), 1992: prior code § 9.25.130)
12.24.140 Emergency closures.
The chief of police or fire chief shall have the authority to close any park or portion thereof and require the exit of all persons therein when it is determined that conditions exist which present a hazard to public safety. (Ord. 952 § 1 (part), 1992: prior code § 9.25.140)
12.24.150 Children.
No person shall permit any child who is incapable of caring for himself or herself to play in any playground area, or swim or play in or near any lake, pool, drainage ditch or retention basin, except in areas which are fenced and set aside for such use, unless such child is attended by a parent or guardian or authorized adult. Areas shall be posted by the city and set aside for such special activities prior to use. (Ord. 952 § 1 (part), 1992: prior code § 9.25.150)
12.24.160 Skateboards.
No person shall propel any skateboard or motorized skateboard on any sidewalk, bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail within any park or recreation area unless such area has been set aside for such use. (Ord. 952 § 1 (part), 1992: prior code § 9.25.160)
12.24.170 Temporary exclusive use permit.
Parks may be made available for members of the community, service or youth organizations or for activities sponsored by or supported financially or otherwise by the city, subject to the issuance of a temporary exclusive use permit by the director and any reasonable conditions and fees associated with such permit. (Ord. 952 § 1 (part), 1992: prior code § 9.25.170)
12.24.180 Temporary exclusive use permit—Liability/insurance.
A person issued a temporary exclusive use permit shall be liable to the city for any and all damage to parks, recreation areas or facilities thereon which results from the activity of the permittee. No permit for temporary exclusive use of any park, recreation area or facilities thereon shall be transferred without the consent in writing of the director. The director may require a permittee to provide public liability and property damage insurance and indemnification provisions as may be appropriate to protect the city and the public using such areas and facilities. (Ord. 952 § 1 (part), 1992: prior code § 9.25.180)
12.24.190 Permit—Application process.
A person requesting the issuance of a temporary exclusive use permit shall complete a certificate of compliance provided by the city and any additional documentation the director deems necessary for processing the request. The certificate of compliance may be obtained by contacting City Hall. Upon approval of the request a permit shall be issued by the director. Should a request for use be denied, the person may appeal to the city council by filing a notice of appeal within five working days after receipt of denial, with the city clerk. The city clerk shall give notice to such person of the time and place of the hearing which shall be the next regular council meeting. Notice of such hearing shall be satisfied by depositing said notice in the United States Post Office at San Jacinto, California, addressed to such person as shown on the certificate of compliance. The city council shall have the authority to determine all questions raised on such appeal. (Ord. 952 § 1 (part), 1992: prior code § 9.25.190)
12.24.200 Permit—Revocation.
The director shall have the authority to revoke a permit upon finding of violation(s) of any rule or ordinance or upon good cause shown. (Ord. 952 § 1 (part), 1992: prior code § 9.25.200)
12.24.210 Violation—Penalty.
Any person violating the provisions of any part of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment not to exceed six months, or by both such fine and imprisonment. (Ord. 1089 § 3, 2001)