Chapter 7.49
PARK

Sections:

7.49.001    Title for citation.

7.49.010    Description of park boundaries.

7.49.010.1    Permit required for exclusive use of buildings or structures.

7.49.010.2    Authority to establish rules and regulations.

7.49.010.3    Application for permit.

7.49.010.4    Grounds for denial of permit.

7.49.010.5    Appeal procedure.

7.49.010.6    Use of park open space for ball playing.

7.49.010.7    Unauthorized use of athletic fields and other areas.

7.49.020    Riding or driving in parks restricted.

7.49.030    Animals.

7.49.032    Dogs and horses permitted when.

7.49.040    Firearms and fireworks.

7.49.050    Repealed by Ordinance 2221 § 3, 10-10-06.

7.49.060    Park property and vegetation—Damaging or removing prohibited—Exception.

7.49.070    Distributing advertising circulars.

7.49.080    Fires.

7.49.090    Camping.

7.49.100    Disorderly conduct.

7.49.110    Sale of merchandise.

7.49.120    Gambling.

7.49.130    Conducting business or circulating petition.

7.49.132    Peddling near parks.

7.49.140    Repealed by Ordinance 2221 § 3, 10-10-06.

7.49.140.1    Repealed by Ordinance 2221 § 3, 10-10-06.

7.49.140.2    Repealed by Ordinance 2221 § 3, 10-10-06.

7.49.140.3    Repealed by Ordinance 2221 § 3, 10-10-06.

7.49.140.4    Repealed by Ordinance 2221 § 3, 10-10-06.

7.49.140.5    Repealed by Ordinance 2221 § 3, 10-10-06.

7.49.140.6    Repealed by Ordinance 2221 § 3, 10-10-06.

7.49.140.7    Repealed by Ordinance 2221 § 3, 10-10-06.

7.49.150    Curfew.

7.49.160    Rubbish and waste materials.

7.49.170    Alcoholic beverages, narcotics and other controlled substances.

7.49.175    Public intoxication prohibited.

7.49.180    Loitering or entering public toilet designated for opposite sex.

7.49.190    Picnics, meetings and assemblages.

7.49.200    Reserved tables and facilities.

7.49.210    Circuses, carnivals, rides, etc.

7.49.220    Speed in parking areas.

7.49.230    Penalty for violations.

7.49.240    Parks security officer.

7.49.244    Signs—Placement and maintenance authority—Obedience required.

7.49.246    Compliance with chapter provisions—When ejection of violators is authorized.

7.49.250    Required wearing of safety equipment.

7.49.252    Skating allowed only in designated areas.

7.49.254    Spectators in designated skating area.

7.49.001 Title for citation.

The ordinance codified in this chapter shall be known as and may be cited as the “Park Ordinance.” (Ord. 2221 § 1 (part), 10-10-06)

7.49.010 Description of park boundaries.

For the purpose of this chapter, the words “municipal park” shall be deemed to mean every park, playground, golf course, public recreation facility, riding, running or hiking trail, roadside landscaping and median, open space easement to which the public has an unrestricted right of access and use for park or recreation purposes, and every other recreation facility or open landscaped area owned, managed or controlled by the city and under the jurisdiction of the city manager, in either incorporated or unincorporated territory. The words “park facility” or “park facilities” shall be deemed to mean any building, structure, athletic field or other definable area located on or within the boundaries of a municipal park.

During such time as other public areas may be used for recreational events or public gatherings requiring a permit issued by the city any “publicly owned, managed or controlled area including but not limited to streets and sidewalks” will be treated as a “municipal park” during the hours of such permit for purposes of this chapter.

(Ord. 2287 § 2, 1-24-12: Ord. 2221 § 2 (part), 10-10-06: Ord. 1244 § 1, 8-26-74; Ord. 752 § 1, 6-18-56; Ord. 844 § 1, 2-27-61 (repealed); Ord. 429, 11-16-42; Ord. 477, 8-2-43; Ord. 513, 8-6-45)

7.49.010.1 Permit required for exclusive use of buildings or structures.

Buildings, structures, athletic fields, or other definable areas located within the boundaries of a municipal park may be made available for rental for exclusive use when such park facilities are not in use for city-sponsored functions and activities. Any such exclusive use shall be subject to the payment of all applicable fees and to compliance with the rules and regulations adopted by the city council pursuant to Section 7.49.010.2 of this chapter.

(Ord. 2221 § 2 (part), 10-10-06: Ord. 1841 § 1, 8-13-90: Ord. 984 § 1 (part), 12-13-65)

7.49.010.2 Authority to establish rules and regulations.

The director of parks and recreation shall propose rules and regulations, consistent with the provisions of this chapter, pertaining to the issuance of permits for the exclusive use of park facilities. Such rules and regulations shall be adopted by resolution of the city council and shall be enforced by the director of parks and recreation. Copies of the rules and regulations shall be made available to the public at the principal office of the department of parks and recreation.

(Ord. 2221 § 2 (part), 10-10-06: Ord. 1841 § 2, 8-13-90: Ord. 984 § 1 (part), 12-13-65)

7.49.010.3 Application for permit.

Any individual or entity that desires to rent a park facility for exclusive use, or that is otherwise required under the provisions of this chapter to obtain a permit for any specified activity within a municipal park, shall submit an application for permit to the director of parks and recreation. The application for permit shall specify such information as may be required by the director of parks and recreation to determine whether the proposed exclusive use, or the proposed activity, is permitted or prohibited under this chapter.

(Ord. 2221 § 2 (part), 10-10-06: Ord. 1841 § 3, 8-13-90: Ord. 984 § 1 (part), 12-13-65)

7.49.010.4 Grounds for denial of permit.

The denial of a permit for the exclusive use of a park facility or for any activity requiring a permit under the provisions of this chapter, shall be based upon the standards and procedures set forth in this chapter and in the rules and regulations adopted pursuant to Section 7.49.010.2. In no event shall any such denial be based upon the applicant’s political, religious or ideological preference or beliefs, nor upon factors such as race, creed, color, national origin, gender or physical handicap.

(Ord. 2221 § 2 (part), 10-10-06: Ord. 1841 § 4, 8-13-90: Ord. 984 § 1 (part), 12-13-65)

7.49.010.5 Appeal procedure.

If the director of parks and recreation determines, based upon the information submitted in the application for permit, that the proposed exclusive use or proposed activity is prohibited by the provisions of this chapter or by the rules and regulations adopted pursuant to Section 7.49.010.2, the permit shall be denied. The determination of the director of parks and recreation shall be final unless appealed to the city council by the applicant within five days after receipt of the notice of denial. Such appeal shall be in writing and filed with the city clerk. If the applicant fails to file an appeal, the determination of the director of parks and recreation shall be deemed conclusive. Upon appeal, the city council may affirm, modify or reverse the denial by the director of parks and recreation.

(Ord. 1841 § 5, 8-13-90: Ord. 984 § 1 (part), 12-13-65)

7.49.010.6 Use of park open space for ball playing.

Open space turf areas within the boundaries of a municipal park may be used for ball playing without a permit as designated by signage posted within such municipal park areas. Noncompliance with the designated ball playing signage, as stipulated in the rules and regulations adopted by the city council pursuant to Section 7.49.140.2 of this chapter, will be subject to the penalty provisions of Section 7.49.230.

(Ord. 2221 § 1 (part), 10-10-06)

7.49.010.7 Unauthorized use of athletic fields and other areas.

A.    With regard to any municipal park which has one or more athletic fields within its boundaries, the following unauthorized activities within any such municipal park shall constitute a violation:

1.    Engaging in any form of ball playing within or upon any area, other than an athletic field, where posted signage in such area states: “No Ball Playing Allowed”;

2.    Playing soccer without a permit or other authorization within or upon an athletic field where posted signage states “Soccer Playing by Permit Only.”

B.    Any violation of this section shall be subject to the penalties specified in Section 7.49.230(a) of this chapter.

(Ord. 2221 § 1 (part), 10-10-06)

7.49.020 Riding or driving in parks restricted.

Within the limits of any municipal park, it shall be unlawful for any person to operate, drive, park, or leave standing, any motor vehicle, moped, or any other type of motorized vehicle, or any other vehicle, or to ride any horse or other animal at any time; provided, however, that the provisions of this section shall not apply to those specific areas within said municipal parks, which by order of the city council, or by authority of any officer or employee of the city having supervision in or over such municipal park, may now or hereafter be designated for public parking purposes and which said areas have been designated or set apart and plainly marked by appropriate signs bearing the words “public parking.” Such signs may be either of wood, metal, or other suitable construction, with black letters on a white background; such letters to be not less than two inches in height and such signs shall be conspicuously placed at a height of not more than eight feet or less than five feet above the surface of the ground at the location thereof. Provided further that the provisions of this section shall not apply to the operation, driving or parking of any vehicle or vehicles owned by or in the lawful service of the city, or to the operation, driving or parking of delivery and commercial vehicles actually engaged in making lawful deliveries or pickups of any goods, wares, merchandise or supplies into or from said municipal parks, or engaged in the performance of an authorized service for the city therein, or to any employee of the city while said employee is actually engaged in the performance of his work for the city in said parks, or is actually going to or from his place of employment in said parks.

(Ord. 1373 § 1, 6-12-78: Ord. 752 § 2(a), 1956)

7.49.030 Animals.

Within the limits of any municipal park, it is unlawful for any person to lead or let loose any cattle, horse, mule, goat, sheep, swine, dog, or fowl of any kind; provided that this section shall not apply to Seeing Eye dogs and those dogs and other animals participating in any programs sponsored by the city of South Gate.

(Ord. 1133 § 1, 1971: Ord. 752 § 2(b), 1956)

7.49.032 Dogs and horses permitted when.

Dogs, horses and other specified animals may be present and off lead within specifically designated areas of a municipal park when properly supervised by an owner or other responsible party at those times designated and posted by the director of parks and recreation. The director of parks and recreation may designate specific routes and trails upon which owners may lead a dog, horse or other animal by a leash or other approved control device through the park for the purpose of accessing the designated facilities. At all times that an animal is on a municipal park, the owner or other responsible party must collect and remove any waste left by the animal. The owner or other responsible party must maintain adequate control of such animal at all times as to ensure the safety of other participants, either human or animal, which may be present.

(Ord. 2303 § 1, 5-14-13)

7.49.040 Firearms and fireworks.

Within the limits of any municipal park, it is unlawful for any person to carry or discharge any firearms, firecrackers, rockets, torpedoes, or any other fireworks, or air gun, or sling shot, without special written permits from the parks and recreation department.

(Ord. 752 § 2(c), 1956)

7.49.060 Park property and vegetation—Damaging or removing prohibited—Exception.

A person, other than a duly authorized park employee in the performance of his duties, shall not:

A.    Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, grass, fruit or flower, or any portion thereof, growing in the park;

B.    Remove any wood, turf, grass, soil, rock, sand or gravel from any park;

C.    Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park or any portion thereof; or mark or place thereon, or on any portion thereof, any mark, writing or printing; or attach thereto any sign, card, display or other similar device.

(Ord. 2221 § 2 (part), 10-10-06: Ord. 752 § 2(e), 1956)

7.49.070 Distributing advertising circulars.

Within the limits of any municipal park, it is unlawful for any person to distribute any hand bills or circulars, or post, place, or erect any bill, notice, paper, or advertising device or matter of any kind, without special written permit from the parks and recreation department.

(Ord. 752 § 2(f), 1956)

7.49.080 Fires.

Within the limits of any municipal park, it is unlawful for any person to make or kindle any fire, flame, coals or barbecue, except in an appropriate stove or barbecue and within an area designated for that purpose, unless a special written permit shall be obtained in advance from the parks and recreation department. Within the limits of any municipal park, it is unlawful for any person to throw away, dump or otherwise dispose of hot coals, charcoal, wood or any other remains or by-product of any fire or barbecue, except in appropriate receptacles provided for that purpose.

(Ord. 2221 § 2 (part), 10-10-06: Ord. 752 § 2(g), 1956)

7.49.090 Camping.

Within the limits of any municipal park, it is unlawful for any person to camp or lodge, unless a special written permit shall be obtained in advance from the parks and recreation department.

(Ord. 752 § 2(h), 1956)

7.49.100 Disorderly conduct.

Violation of this section is in accordance with Penal Code Sections 415 and 647.

(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 752 § 2(i), 1956)

7.49.110 Sale of merchandise.

Subject to the licensing requirements of Section 2.10.970(E) and restrictions in 2.10.970(I), vending of food or merchandise in a city park is permitted, except that no vending of food or merchandise by stationary vendors shall be allowed in any city park owned and operated by the city where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Within the limits of any municipal park, it is unlawful for any person to raffle any merchandise, article, or thing whatsoever, without special written permit from the parks and recreation department.

(Ord. 2357 § 7, 12-11-18: Ord. 752 § 2(j), 1956)

7.49.120 Gambling.

Any gambling conducted in a municipal park is covered by Penal Code Section 330.

(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 752 § 2(k), 1956)

7.49.130 Conducting business or circulating petition.

Unless expressly permitted pursuant to Section 2.10.970, permitted under contract with the city of South Gate, or approved by the city council, it is unlawful for any person to practice, carry on, conduct, or solicit for any trade, occupation, business or profession within the limits of any municipal park.

(Ord. 2357 § 8, 12-11-18: Ord. 1820 § 1, 9-11-89: Ord. 752 § 2(1), 1956)

7.49.132 Peddling near parks.

In order to provide for the health, safety and welfare of park visitors and subject to the provisions of Sections 2.10.970(E) and (F), no person shall sell, expose for sale or offer to sell any goods, wares or merchandise of any kind in or along any public street, lane, or thoroughfare adjoining or approaching any public park within the city within two hundred feet of said park.

(Ord. 2357 § 9, 12-11-18: Ord. 1212 § 1, 7-23-73)

7.49.150 Curfew.

A.    With regard to any municipal park which has building or structures available for public use, whether pursuant to permit or in connection with activities sponsored by the city, it is unlawful for any person to remain, stay or loiter in such municipal park between ten p.m. of any day and five a.m. of the following day, unless such person is so authorized by a special permit issued by the parks and recreation department.

B.    With regard to any municipal park which has no buildings or structures available for public use, whether pursuant to permit or in connection with activities sponsored by the city, it is unlawful for any person to remain, stay or loiter in such municipal park between sunset of any day and five a.m. of the following day. The municipal parks subject to this curfew are identified as follows: Hollydale Regional Park, Gardendale Tot Lot, Circle Park, State Street Park, Post Street Tot Lot, and Stanford Avenue Park.

(Ord. 1944 § 1, 5-11-93: Ord. 752 § 2(n), 1956)

7.49.160 Rubbish and waste materials.

Within the limits of any municipal park, it is unlawful for any person to deposit any paper, fruit, rubbish, debris, or any waste material of any kind except in such receptacles as may be located in such park therefor.

(Ord. 752 § 2(o), 1956)

7.49.170 Alcoholic beverages, narcotics and other controlled substances.

A person shall not enter, be or remain in any park while in possession of 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, or while consuming any alcoholic beverage. A person shall not enter, be or remain in any park while in possession of or otherwise transporting, purchasing, selling, giving away or consuming any narcotics or other controlled substances, including marijuana.

No person shall have in his or her possession within any municipal park, any instrument used to administer or ingest any intoxicating or controlled substance, including marijuana pipes or similar smoking devices.

(Ord. 2289 § 1, 2-14-12: Ord. 2221 § 2 (part), 10-10-06: Ord. 1975 § 3, 7-26-94: Ord. 752 § 2(p), 1956)

7.49.175 Public intoxication prohibited.

A person shall not enter, remain in or be in any park while under the influence of any alcoholic beverage, narcotic or drug including marijuana or other such drug which may have been prescribed by their physician.

(Ord. 2289 § 2, 2-14-12: Ord. 2221 § 1 (part), 10-10-06)

7.49.180 Loitering or entering public toilet designated for opposite sex.

Within the limits of any municipal park, it is unlawful for any person to loiter in or about any public toilet, or enter any public toilet designated for the opposite sex; except that this provision shall not apply to persons under eight years of age, or to municipal employees in the regular course of their duties.

(Ord. 752 § 2(q), 1956)

7.49.190 Picnics, meetings and assemblages.

Within the limits of any municipal park, it is unlawful for any person to call, hold, conduct, arrange for, or sponsor any picnic, meeting, or assembly having, or which will have, in excess of fifty persons in attendance, without having obtained prior written permission from the department of parks and recreation.

(Ord. 2221 § 2 (part), 10-10-06: Ord. 1930 § 1, 10-27-92: Ord. 752 § 2(r), 1956)

7.49.200 Reserved tables and facilities.

Within the limits of any municipal park, it is unlawful for any person to use or attempt to use, or interfere with the use of, any table, space, or facility in said parks which at the time is reserved by written reservation then in effect to any other person or persons; provided, however, that all such reservations shall specify the period covered by same, and shall be subject to cancellation by the director of parks and recreation.

(Ord. 2221 § 2 (part), 10-10-06: Ord. 752 § 2(s), 1956)

7.49.210 Circuses, carnivals, rides, etc.

Within the limits of any municipal park, it is unlawful for any person to conduct, operate, maintain, or allow to be conducted, operated, or maintained, any circus, carnival, side show, merry-go-round, or other similar or related activity without a special permit from the city council first had and obtained.

(Ord. 1135 § 1, 1971: Ord. 752 § 2(t), 1956)

7.49.220 Speed in parking areas.

Within the limits of any municipal park, it is unlawful for any person to drive or operate any vehicle in, on or over any area within said municipal park designated or set apart for “public parking” at a speed greater than is reasonable or prudent having due regard for the traffic on or in, and the surface, width, and extent of such “public parking” area, or at a speed greater than fifteen miles per hour; or to fail or refuse to observe and comply with the reasonable request, directions or orders of any police officer of the city; or to drive or operate any vehicle in any such “public parking” area at a speed which endangers the safety of persons or property therein.

(Ord. 760, 1957: Ord. 752 § 2(u), 1956)

7.49.230 Penalty for violations.

Any person, firm, company or corporation violating any of the provisions of this chapter is guilty of an infraction and each such person, firm, company, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction thereof shall be punishable by (A) a fine not exceeding one hundred dollars for a first violation; (B) a fine not exceeding two hundred dollars for a second violation of the same chapter within one year; (C) a fine not exceeding five hundred dollars for each additional violation of the same chapter within one year.

a.    In addition, in any case involving the destruction, defacing, removal or injury to any park facility or park foliage, the court may require restitution in an amount necessary to reimburse the city for the value of the item or material destroyed, defaced, removed or damaged as well as any labor expended to replant or restore the area, item or material affected.

b.    In addition to the penalties described herein, any police officer or other person authorized to issue citations shall have the authority to impound any skateboard, in-line skates, BMX bicycle or other recreational equipment of a person found violating this chapter. Upon impoundment of any skateboard, in-line skates, BMX bicycle or other recreational equipment as provided herein, the owner of such device shall be issued a receipt. Said receipt shall state the hours, location, time frame and manner for claiming the impounded skateboard, in-line skates, BMX bicycle or other recreational equipment, as provided in subsections c and d of this section.

c.    Upon presentation of the receipt and a government-issued identification card, the owner may claim the impounded skateboard, in-line skates, BMX bicycle or other recreational equipment at the police department during business hours. If the owner is a minor, such owner may claim the impounded skateboard, in-line skates, BMX bicycle or other recreational equipment if accompanied by a parent or guardian with a government-issued identification card. No fee may be assessed on the owner, parent or guardian for claiming the impounded equipment; however, a citation may be issued for violations which lead to the impounding.

d.    If the impounded skateboard, in-line skates, BMX bicycle or other recreational equipment is/are not claimed within sixty days after the date of impoundment, the city may dispose of the item(s) by public sale at auction.

(Ord. 2251 § 1, 7-22-08: Ord. 2221 § 2 (part), 10-10-06: Ord. 2037 § 3 (part), 7-29-98: Ord. 2011 § 1 Exh. A (part), 8-27-96 (repealed): Ord. 1800 § 1, 4-24-89 (repealed); Ord. 1422 § 1, 11-13-79 (repealed): Ord. 752 § 3, 1956 (repealed))

7.49.240 Parks security officer.

Pursuant to Section 836.5, or its successor, of the California Penal Code, employees of the city of South Gate in the following position classification shall have, and are hereby vested with, the authority to cite and arrest any person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor, including an infraction, in his presence within or immediately adjacent to the territorial boundaries of any land designated, restricted for, or used as a park of the city of South Gate:

A.    Parks security officer;

B.    Park ranger.

(Ord. 2221 § 2 (part), 10-10-06: Ord. 1628 § 1, 9-11-84)

7.49.244 Signs—Placement and maintenance authority—Obedience required.

The director of parks and recreation may place and maintain, or cause to be placed and maintained, such signs, notices, signals, or control devices as deemed necessary to carry out the provisions of this chapter, or to ensure public safety and orderly and efficient use of any park. A person shall not willfully fail to obey any sign, notice, signal, or control device placed or erected pursuant to this section.

(Ord. 2221 § 1 (part), 10-10-06)

7.49.246 Compliance with chapter provisions—When ejection of violators is authorized.

Permission to be within the limits of any park or to use any park facilities is conditioned on compliance with all applicable provisions of this chapter and all other applicable laws, ordinances, rules and regulations. A violation of any provision of this chapter or of any order, rule or regulation authorized by this chapter, or of any other applicable law, ordinance, rule or regulation shall result in the person so violating being a trespasser and the police or director of parks and recreation may eject any such person from a park.

(Ord. 2221 § 1 (part), 10-10-06)

7.49.250 Required wearing of safety equipment.

Any person who rides a skateboard, in-line skates, a BMX bicycle or other allowed recreational equipment at a municipal park shall wear a helmet, elbow pads and knee pads. If a person who rides a skateboard, in-line skates, a BMX bicycle or other allowed recreational equipment at a municipal park fails to wear a helmet, elbow pads and knee pads, the person shall be guilty of an infraction. When an enforcement officer observes such violation of this section, the enforcement officer shall have the authority to issue a citation to any person responsible for the violation, pursuant to this code.

(Ord. 2221 § 2 (part), 10-10-06: Ord. 2150 § 2, 10-14-03: Ord. 2135 § 2, 2-8-03)

7.49.252 Skating allowed only in designated areas.

Any person who rides a skateboard, in-line skates, a BMX bicycle or other allowed recreational equipment at a municipal park shall do so only in those areas specifically designated for this activity.

(Ord. 2221 § 1 (part), 10-10-06)

7.49.254 Spectators in designated skating area.

Any person who is a spectator at a designated skating area within a city park and is not participating in the activity must remain outside of the activity area and in such area as is designated for spectators. Any person who enters a designated skating area on a city park, whether actively riding a skateboard, in-line skates, a BMX bicycle or other allowed recreational equipment or not, must comply with all safety rules for the area including the wearing of required safety equipment.

(Ord. 2221 § 1 (part), 10-10-06)