49.1.1 DEFINITIONS.
(Amended by O-3743)
For the purpose of this Chapter, certain words are defined as follows:
a) "Director" means the Community Services Director.
b) "Park" means a park, playground, swimming pool, playing field, median parkway in a street right-of-way, court, restroom and any other area or facility owned or leased by the City, or for which the City has the right to possession, which is devoted to active or passive recreation uses except the beach as defined in Section 44.1.3 of this Code. The definition of park includes the grassy areas and walkways surrounding Benstead Plunge, all walkways adjacent to a park, and parking lots associated with a park.
49.2.1 HOURS OF OPERATION.
All parks shall be open to the public between the hours of 6:00 A.M. and 10:00 P.M. No person shall enter or remain in any park between the hours of 10:00 P.M. and 6:00 A.M., except when engaged in an activity scheduled or expressly permitted by the City.
49.2.2 FIRES PROHIBITED.
No person shall make or kindle a fire in a park for any purpose, except in facilities provided for such purposes as authorized by the Director.
49.2.3 AREAS RESTRICTED.
No person shall enter an area in a park posted as CLOSED TO THE PUBLIC, nor shall any person use, or abet the use of, any area in violation of posted notices.
49.2.4 USE OF RESTROOMS.
No person over the age of eight (8) years shall use restrooms or washroom designated for the opposite sex.
49.2.5 RECREATION SWIMMING.
No person shall swim, bathe or wade in the water of any fountain, pond, lake or stream in a park except as wading and swimming shall be permitted in pools designated for these purposes.
49.2.6 CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES.
(Amended by O-3683)
a) No person shall consume any alcoholic beverage at any time in any City park. This Section shall not apply where the consumption is within premises for which a permit has been issued by the Director as provided in Article 3.
b) No person shall possess any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, at any time in any City park. This Section shall not apply where the possession is within premises for which a permit has been issued by the Director as provided in Article 3 or where the possession is solely for the purpose of recycling.
c) Any person violating subsection (a) will be guilty of a misdemeanor.
d) Any person violating subsection (b) will be guilty of an infraction as provided in Section 25620 of the California Business and Professions Code.
49.2.7 USE OF PARKS.
(Added by O-3406)
a) No person shall play upon, use, occupy, or participate in any activity, or permit others to play upon, use, occupy, or participate in any activity in or upon a park, park facility, playground, court, pool or structure, in a manner not intended for such play, use, occupancy, or participation, and which play, use, occupancy, or participation causes, or is likely to cause, damage or injury to the said park, facility, playground, court, pool or structure.
b) No person shall skate, skateboard, or ride or drive any bicycle, motor scooter, motorcycle, or other vehicle, or permit others to skate, skateboard, or ride or drive any bicycle, motor scooter, motorcycle, or other vehicle in or upon any park, playground, court, pool or structure so as to cause damage or injury, or which activity is likely to cause damage or injury to the said park, playground, court, pool or structure; provided, however, that vehicles or equipment of the City or of a contractor employed by the City shall not be prohibited from driving or operating within any park, playground, court, pool or structure in the normal course of maintenance, construction or repair.
49.2.8 PARKING OF VEHICLES, CARTS, ETC. FROM WHICH FOOD PRODUCTS OR MERCHANDISE ARE SOLD.
(Added by O-3665)
a) Except as otherwise provided below, no person may stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or food products are sold, displayed, solicited, offered for sale, bartered or exchanged, on any portion of any park or park parking lot within this City except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for an amount of time not to exceed twenty (20) minutes at any one park or park parking lot during any twenty-four (24) hour period.
b) No person may stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or food products are sold, displayed, solicited, offered for sale, bartered or exchanged, on any portion of Wilson Park or the Wilson Park parking lot on the following days: Tuesdays from 6:00 A.M. through 2:00 P.M., Saturdays from 6:00 A.M. through 2:00 P.M., the fourth of July, the day of the Halloween Carnival, the day of the Spring Boutique, and the day of the Holiday Boutique.
c) This Section does not apply to participants of the Torrance Farmer’s Market or other City-sponsored events.
49.2.9 PARKING OF VEHICLES IN PUBLIC PARKS AND PARKING LOTS SERVICING PUBLIC PARKS BETWEEN THE HOURS OF 10 P.M. AND 6 A.M.
(Added by O-3693)
a) No person shall stop, stand, or park any vehicle in any Public Park or Park Parking lot servicing the Park or attached thereto between the hours of 10 p.m. and 6 a.m. Violators will be subject to citation, towing, or both. Violators will be towed at owner’s expense.
b) All Public Parks and Park parking lots must be posted to provide notice of parking prohibition and consequential towing. The prohibition will not be effective unless the required signs are posted.
c) The prohibition in subsection (a) does not apply to those vehicles parked in Public Parks or Park parking lots approved by a City department with jurisdiction over the Park or Park parking lot for an event approved by such a department allowing parking between 10 p.m. and 6 a.m. Every vehicle so approved shall display a permit issued by such a department in the bottom left hand corner of the front windshield.
d) Any vehicle found parked in a Public Park or Park parking lot between the prohibited hours listed in subsection (a) will be cited, towed at the owner’s expense, or both.
49.2.10 SPECIAL EVENTS AT WILSON PARK.
(Added by O-3709)
a) No dogs are allowed in posted areas of Wilson Park or the Wilson Park parking lot during Special Events. This prohibition will not apply to service dogs or police dogs.
b) Special Events are defined as the following days: Tuesdays from 6:00 a.m. through 2:00 p.m., Saturdays from 6:00 a.m. through 2:00 p.m., the Fourth of July, the day of the Halloween Carnival, the day of the Spring Boutique, and the day of the Holiday Boutique.
c) Any person who violates subsection (a) will be guilty of an infraction.
49.2.11 SMOKING PROHIBITED IN PARKS.
(Added by O-3743; Amended by O-3827)
a) For the purpose of this Section, the following definitions govern:
1) "Smoke or smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
2) "Tobacco product" means any of the following:
A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco or snuff.
B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
C) Any component, part, or accessory of a tobacco product, whether or not sold separately.
3) "Cigar" means the same as defined in California Health and Safety Code Section 104550.
4) "Cigarette" means the same as defined in California Health and Safety Code Section 104556.
b) Smoking a pipe, cigar, cigarette, or any other tobacco product in any park, or using or consuming any tobacco-related product, is prohibited and is unlawful, unless it is done by an actor for filming purposes, pursuant to a permit issued by the City of Torrance.
c) Disposing of pipe residue, cigar butts, cigarette butts or any other tobacco-related waste in a park is prohibited and is unlawful.
d) It is unlawful for any person to intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this section.
e) Any person who violates this section is guilty of an infraction and subject to a fine of up to $100 for a first violation, $200 for a second violation within one year, and $500 for a third or subsequent violation within one year. Punishment under this section does not preclude punishment pursuant to California Health and Safety Code Section 13002, Section 374.4 of the California Penal Code, or any other provision of law proscribing the act of littering.
49.3.1 WHEN PERMIT REQUIRED.
A permit (hereinafter called a park permit) shall be obtained from the Director before participating in any activity which causes a variation from the first come, first served basis, such as the following:
a) Group picnics;
b) Group activities requiring specific areas, time, or equipment;
c) Athletic games, contests, or tournament sessions;
d) The use of buildings, tables, chairs, or City equipment;
e) The use of special equipment or demonstrations not normally used in park or athletic areas;
f) Dances, shows or exhibitions;
g) Any activity for which an admission fee is charged or a donation is received; and
h) Any of the above activities which involve the consumption of alcoholic beverages.
49.3.2 PERMIT APPLICATION.
A person seeking issuance of a park permit shall file an application with the Director, which application shall state:
a) The name and address of the applicant;
b) The name and address of the person sponsoring the activity, if any;
c) The day and hours for which the permit is desired;
d) The park or portions thereof for which such permit is desired;
e) The estimate of the anticipated attendance;
f) Whether or not a system for amplifying sound is proposed to be used and the purpose for which it will be used; and
g) Any other information which the Director shall find reasonably necessary to a fair determination as to whether or not a permit should be issued.
49.3.3 PERMIT ISSUANCE.
The Director shall issue a park permit 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; and
b) That the proposed activity and use will not unreasonably interfere with or be detrimental to the public health, welfare, safety and recreation; and
c) That the proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct; and
d) That the proposed activity or use will not entail unusual, extraordinary, or burdensome expense or police operation by the City; and
e) If a system for amplifying sound is to be used, that a permit therefor has been issued by the License Supervisor in accordance with the provisions of Article 4, Chapter 3, Division 3 (Section 33.4.1. et seq.) and Article 5, Chapter 6, Division 4 (Section 46.5.1. et seq.) of this Code; and
f) That the park facilities requested have not been previously reserved for other use at the day and hour required in the application.
49.3.4 APPEALS.
a) Within three (3) days after receipt of an application, the Director shall apprise the applicant in writing of his granting the park permit or reasons for denying the permit; and
b) Any aggrieved person shall have the right to appeal such decision in writing to the Parks and Recreation Commission, and if said Commission refuses to issue such permit, shall have the right to appeal in writing to the City Council as provided in Article 5, Chapter 1, Division 1 (Section 11.5.1.) of this Code; and
c) Both the Parks and Recreation Commission and the City Council shall consider the application under the standards set forth in Section 49.3.3. and sustain, subject to reasonable conditions, or reverse the Director’s decision at the earliest practicable time. The decision of the City Council shall be final.
49.3.5 EXHIBITION OF PERMIT.
A park permit shall be exhibited upon the request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law, rule, or regulation of the City.
49.3.6 INTERFERENCE WITH PERMITTEES.
No person shall disturb or unreasonably interfere with any other activity under the authority of a permit.
49.3.7 EFFECT OF PERMIT.
A permittee shall be bound by all park rules and regulations and all applicable laws as fully as if the same were inserted in the permit.
49.3.8 PERMIT REVOCATION.
The Director shall have the authority to revoke a park permit upon a finding of the violation of any rule or law applicable to the activity or use embraced by the permit or upon good cause shown. Time permitting, such decision may be appealed to the City Council as provided in Article 5, Chapter 1, Division 1 (Section 11.5.1. et seq.) of this Code.