Adelanto Municipal Code Ch. 9.35 Use of Parks, Recreation Facilities and Other Public Places

City parks, public recreational facilities, public rights-of-way and other public places are established for the use and enjoyment of all persons for, among other purposes, pursuit of active or passive recreation. It is the City's responsibility to promote the health, peace, safety, welfare and convenience of all persons in regards to their use and enjoyment of such public places. The City Council finds that the regulations set forth in this Chapter are necessary to ensure that all persons may use and enjoy such public places in a safe manner.

[Ord. No. 533, Section 2, 3/11/15.]

The following definitions apply to this Chapter:

A. "Alcoholic Beverage(s)" shall have the meaning set forth in Section 23004 of the California Business and Professions Code, as the same presently exists, or as the same may be amended from time to time.

B. "City Manager" means the City Manager of the City or the person authorized by said City Manager to act in his or her stead with respect to the provisions of this Chapter.

C. "Inflatable Structure" means inflatable structures or equipment, commonly used for jumping, bouncing, sliding, riding, or as an apparatus for sports and recreational activities. The term includes, but is not limited to, inflatable buildings, castles, roofs, covers, slides, swimming pools, boxing rings, and obstacle courses.

D. "Public Facility" means any public building or structure owned or controlled by the City, and any public park.

E. "Public Right-of-Way" means any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park square, and other similar public way.

F. "Public Park" means a park, playground, recreation center, tennis courts, swimming facility, sports field, ballfield and/or open space or other area owned or controlled by the City and open to use by the public.

[Ord. No. 533, Section 2, 3/11/15.]

No person shall enter, be or remain in any City park unless such person complies with all the regulations and conditions set forth in this Chapter. The provisions of this Chapter, however, shall not apply to emergency police, fire or public utility services.

[Ord. No. 533, Section 2, 3/11/15.]

Every person who willfully within any public park, public facility or public right-of-way commits any of the acts set out in this Section or violates any other prohibition in this Chapter is guilty of a misdemeanor, punishable in accordance with Sections 1.20.010 through 1.20.040 of Chapter 1.20 of Title 1 of this Code. The prohibited acts include the following:

A. To hitch, fasten, lead, drive or let loose any animal or fowl of any kind, except in areas which may be designated by the City Manager, provided that this shall not apply to dogs and cats when led by a leash and under full control by its owner or custodian.

B. To ride or drive any skates, skateboard, horse or other animal, or to propel any vehicle, cycle, bicycle, skateboard, skates or automobile, except in areas designated for purposes of vehicle or other travel or otherwise by the City Manager. This provision does not apply to any vehicle being used for authorized City business, nor to any police or other emergency vehicle performing an authorized mission, nor to a vehicle which is within a park pursuant to written permission of the City Manager. Neither does this provision apply to any electrically driven wheelchair carrying a physically incapacitated person.

C. To enter, remain, stay or loiter in any park or facility between the hours of 10:00 p.m. and 6:00 a.m. the following day without permission from the City Manager or except as a participant in an activity permitted by the City Manager.

D. To light or maintain any fire or to cook, prepare, serve or eat any meal other than at a stove, barbecue, fire circle or other place provided for that purpose.

E. To possess, carry or discharge any firearms, firecrackers, rockets, explosives or any other fireworks, air gun, bow and arrow, slingshot or any similar device or weapon; nor shall any person carry into or use any other object within a park with the intent of disturbing the peace of any person by means of noise or otherwise.

F. To throw, project, propel or drive upon a lawn or across any public park, public walkway or driveway within a public park any missile, model airplane, model car, go-carts or other self-propelled devices and vehicles not covered under the California Vehicle Code, capable of causing personal injury or damage to personal property, except at such places designated therefore by the City Manager.

G. To drive, hit or putt any golf ball or to use any golf club in any public park or upon any pathway or trail, except in such areas as may be designated by the City Manager for that purpose.

H. To cut, break, injure, deface or destroy any tree, shrub, plant, rock, building, cage, pen, monument, sidewalk or paved area, fence, bench or other structure, apparatus or property, or pull up, cut, take or remove any shrub, bush, plant or flower, or mark or write upon, paint or deface in any manner any building, monument, bench, sidewalk, paved area or other structure. This prohibition shall not apply to any employee or contractor of the City engaged in work on the City's behalf.

I. To cut or remove any wood, turf, grass, soil, rock, gravel, sand or fertilizer from a public park or from any place within a public park.

J. To camp or lodge therein except by permission in writing by the City Manager.

K. To throw, discard, place or dispose of any garbage or refuse in any place other than in a garbage can or other receptacle maintained for that purpose.

L. To park any vehicle on any road or path except at places designated for parking.

M. To play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other devices for money, chips, shells, credit or other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming. This prohibition shall not apply to simulated gambling games or to bingo games when conducted by a non-profit organization during fund raising events pursuant to a permit or reservation issued by the City Manager pursuant to this Code and in compliance with all other applicable law.

N. To hold any meeting, service, concert, event or exhibition without first obtaining written permission from the City Manager, if required by this Code.

O. To engage in any commercial activity, including but not limited to the selling, offering for sale, advertising for sale or solicitation for future delivery or performance of any goods, wares, merchandise or services, except pursuant to a specific concession or contract granted by the City or a permit therefore.

P. To interfere with the use of any scheduled group or activity that has received a permit from the City for use of said park.

Q. To place, use or operate an inflatable structure without a permit issued pursuant to this Chapter.

[Ord. No. 533, Section 2, 3/11/15; Ord. No. 537, Section 2, 2/24/16; Ord. No. 603, Section 2, 7/10/19.]

A. Compliance Required. No person or group may hold, conduct or allow, and no person shall participate in, any picnic, celebration, parade, event, gathering, assembly or meeting at which seventy-five (75) persons or more are in attendance in any public park, public facility or public right-of-way within the City unless such activity is conducted in accordance with the. provisions of this Section, in addition to any other applicable provisions of this Code.

B. Permit Required. Except as provided in subsection (C) of this Section, a special event permit must be obtained from the City Manager for any picnic, celebration, parade, event, gathering, assembly or meeting to be held in any public park, public facility or public right-of-way if seventy-five (75) persons or more will be in attendance.

C. Exempt Activity. The following activities are exempt from the permit requirement set forth in this Section:

1. Celebrations, parades, events, gatherings, assemblies or meetings which take place on streets, sidewalk or other public rights-of-way owned or controlled by the City, if such activities are conducted in compliance with all applicable laws and regulations, including, but not limited to, traffic and safety regulations.

2. Filming and videotaping activity governed by, and conducted in accordance with, Chapter 13.45 of this Code.

3. Activities conducted by a governmental agency acting within the scope of its authority.

D. Issuance of Permits. The City Manager is authorized to issue special event permits pursuant to the procedures set forth in this Section. Issuance of a special event permit pursuant to this Section does not obligate or require the City to provide services, equipment or personnel in support of an event. The City Manager may, however, cause such services, equipment or personnel to be provided if such are reasonably available and the event organizer agrees to reimburse the City for the cost thereof. The City Manager may reduce or waive any portion of such costs associated with the provision of City services, equipment or personnel in support of an event if the payment of the full costs will create an undue financial hardship on the person or group obtaining the permit.

E. Permit Application Timing. Applications for a special event permit required under this Section shall be filed with the City Manager at least seventy-two (72) hours prior to the time the special event is proposed to be conducted. The City Manager shall have the authority, if good cause is shown and the nature of the application reasonably and feasibly lends itself to expedited processing, to consider, grant or deny and application for a special event permit which is filed later than seventy-two (72) hours prior to the time the special event is proposed to be conducted.

F. Contents of Application. Applications for a special event permit shall be upon a form which is furnished by or acceptable to the City Manager. Each application shall contain full, complete and detailed information including, but not limited to, the following:

• 1. The name, address and telephone number of the event organizer;
• 2. The nature of the event and the proposed location of the event;
• 3. The date(s) and time(s) when the event will be conducted;

4. A certification that the event organizer shall be financially responsible for any City fees, departmental service charges or costs that may lawfully be imposed for the event;

5. Insurance information, if applicable; and

6. Any other information reasonably required by the City Manager.

G. Permit Issuance. The City Manager shall issue a special event permit if the City Manager finds that all of the following criteria have been met:

1. The event will not substantially interrupt public transportation or other vehicular or pedestrian traffic in the area of its location;

2. The event will not conflict with construction or development in the public right-of-way or at a public facility;

3. The concentration of persons, animals, and vehicles for the event will not unreasonably interfere with the movement of police, fire, ambulance and other public safety or emergency vehicles within the public rights-of-way in the area of the proposed event location;

4. The event will not unreasonably interfere with any other event for which a special event permit has already been granted, or with the provision of City services in support of any other scheduled event or scheduled government function;

5. The event will not have an unmitigable adverse impact on residential or business access and traffic circulation in the area of the proposed event location;

6. The event will not adversely affect the City's ability to reasonably perform municipal functions or furnish City services;

7. The proposed event will not have a significant adverse environmental impact; and

8. The insurance provisions required by this Section, if applicable, have been or will be satisfied.

H. Permit Denial or Revocation. The City Manager may deny an application for a special event permit or revoke a special event permit if the City Manager finds any of the following:

• 1. One or more of the findings set forth is subsection G. of this Section cannot be made;
• 2. The application contains incomplete, false or misleading information;
• 3. The applicant fails to comply with all terms of this Chapter;
• 4. The proposed event will violate any federal, state and/or local law or regulation; or

5. The proposed event will present an unreasonable danger to the health or safety of the applicant, spectators, City employees and/or members of the public.

I. Notice of Denial or Revocation. A person or organization whose special event permit application is denied, or whose permit is revoked, shall be immediately notified of the denial or revocation in writing, which notification shall contain a statement setting forth the reasons for the denial or revocation, as well as reference to the appeal provisions set forth in subsection M. of this Section.

J. Permit Conditions. The City Manager may condition any special event permit issued pursuant to this Section with reasonable requirements concerning the time, place and manner of holding the event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property, and control vehicular and pedestrian traffic in and around the venue. Possible conditions include, but are not limited to, the following:

1. Conditions designed to avoid or lessen interference with public safety functions and/or emergency service areas;

2. The number and type of vehicles, animals or structures to be displayed or used in the event;

3. The inspection and approval by City personnel of stages, booths, structures, vehicles or equipment to be used or operated during the event to ensure that such items are safely constructed, can be safely operated and conform to the requirements of all applicable laws and regulations;

4. The provision and use of traffic cones or barricades;

5. The provision of a waste management plan, and the cleanup and restoration of the event site;

6. The obtaining of any and all business licenses or other necessary permits required by this Code for the sale of food, beverage or other goods or services at the event; and

7. The manner by which alcohol sales and service, if any, shall be conducted during the event.

K. Insurance and Indemnification. The organizer of a special event shall possess or obtain, and maintain for the duration of the event, comprehensive general liability insurance to protect the City against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Such insurance shall be in a combined single limit of at least One Million dollars ($1,000,000), shall name the City, its officers, employees, and agents as additional insureds, and shall be effectuated through an insurance endorsement. If the special event is of a demonstrated high or low risk category, according to recognized insurance and risk management standards, the City Manager may authorize a greater or lesser amount of coverage than set forth in this subsection, or may require a particular type of insurance coverage different from that specified in this subsection. In addition to obtaining and maintaining the required insurance, each permittee shall execute an agreement in a form approved by the City agreeing to defend, indemnify and hold harmless the City against any and all losses and liabilities arising from the conduct of the permittee, or its officers, employees or agents, relating to the permitted event.

L. Waiver of Insurance Requirements. Except for special events where the sale of alcoholic beverages is authorized, the insurance requirements set forth in subsection K. of this Section may be reduced or waived by the City Manager. If insurance is reduced or waived, the City Manager may still require the permittee to defend, indemnify and hold harmless the City from any claim or liability arising from the event. In making the determination of whether to reduce or waive insurance requirements, the City Manager shall consider the following factors:

1. Whether the special event is constitutionally protected speech and/or expressive activity;

2. Whether the applicant has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of constitutionally protected speech and/or expressive activity;

3. Whether it is objectively impossible to obtain insurance coverage;

4. Whether the event will involve the use of equipment, vehicles or animals, or will pose an unreasonable danger to participants or the public; and

5. Whether a fee or donation is charged or required as a condition of admission or participation in the event.

M. Appeals. Any person aggrieved by the denial or revocation of a permit pursuant to this Section may appeal such decision to the City Council by filing a written notice of such appeal with the City Clerk within ten (10) business days of the decision of the City Manager giving rise to said appeal. Such appeal shall set forth in detail the facts upon which the appeal is being made. The City Council shall, within ten (10) business days of receiving such notice of appeal, hold a hearing. When the necessity for a timely response so requires, the appeal may be referred by the City Clerk to a neutral Hearing Officer. Costs for the neutral Hearing Officer shall be borne by the appellant, if any costs are incurred. At the appeal hearing, the aggrieved party and the City shall be entitled to be heard and present evidence they believe to be relevant. Upon conclusion of the hearing, the City Council or the Hearing Officer may, with findings, approve, reverse or modify the decision of the City Manager. Any decision of the City Council or the Hearing Officer shall be final.

[Ord. No. 533, Section 2, 3/11/15.]

No person shall be permitted to smoke in any public park or public facility. Smoking shall include, but is not limited to: the combustion of any cigar, cigarette, pipe, or any similar article; the use of any form of tobacco or other combustible substance in any form; the use of electronic smoking devices, electronic cigarettes, electronic cigarillos, electronic pipes, electronic hookahs, vaporizers, vape pens, or any other inhalation device that generates an inhalable substance of any kind from tobacco, marijuana, or any other weed or plant.

[Ord. No. 533, Section 2, 3/11/15.]

A. The intent of this Section is to reasonably regulate the use of parks within the City in such a manner that various groups may enjoy such parks without unduly interfering with or creating conflicts with other groups, and to ensure that if public address systems, amplified instruments or percussion instruments are used within the parks, that they shall be used in such place and manner that they will not unduly interfere with or be an annoyance to other groups or individual people who may be using the parks at the same time or to the surrounding neighborhood.

B. Public address systems, acoustical instruments and/or electrically amplified instruments are prohibited unless the City Manager finds the amplification meets the criteria stated in Section 9.35.080.A., and the amplification use is approved in writing by and in the sole discretion of the City Manager.

[Ord. No. 533, Section 2, 3/11/15.]

The possession (open and closed containers), consumption, sale, transportation or disbursement of alcoholic beverages is prohibited in public parks , public facilities or public right-of-way, unless a permit is obtained and approved in writing by the City Manager pursuant to Section 9.90.020, and in that event only in compliance with the conditions and restrictions of that permit.

[Ord. No. 533, Section 2, 3/11/15.]

A. Permit Required. Any person desiring to place, operate, stage and/or use an inflatable structure in a public park shall first file a written application with, and receive a permit from, the City Manager.

B. Application Contents. Any person or authorized representative desiring a permit to place, operate, and/or use an inflatable structure in a city park shall file, at least one week prior to the anticipated event, an application for such a permit. The application shall be on a form provided by the City, shall be signed by the applicant under penalty of perjury, shall be accompanied by a nonrefundable fee established by resolution of the City Council, and shall include the following information:

1. The name and contact information of the applicant.

2. The name and contact information of the vendor providing the inflatable structure, if any.

3. A statement describing the kind, type or nature of the inflatable structure.

4. The name of the insurance carrier; the amount of personal and property liability, naming the City as an additional insured, carried together with the name of the nearest representative and his/her business address.

• 5. The number of people expected to use the inflatable structure.
• 6. The location where the inflatable structure will be placed, operated, and used.
• 7. The date when the inflatable structure will be placed, operated, and used.

8. A description of how the inflatable structure and/or other attraction will be self-contained.

C. Review and issuance of permit. The City Manager shall issue a permit for the requested inflatable structure if he/she determines that placement, operation and use of the structure in the proposed location and manner will not do any of the following:

1. Unreasonably interfere with the public's use of the city park or any other event for which a permit has been granted;

2. Unreasonably interfere with the provision of a City or emergency service;

3. Present an unreasonable danger to the health or safety of the applicant, persons who will use the inflatable structure, spectators, City employees and/or members of the public.

D. Permit Conditions. A permit issued pursuant to this Section shall include the following conditions:

1. The designated area for the placement and use of the inflatable structure.

2. The date, and starting and ending times, for the placement and use of the inflatable structure.

3. Any damage to City property directly attributable to the placement or use of the inflatable structure shall be the sole responsibility of the applicant.

4. The applicant to whom the permit is issued must have in his or her possession a copy of the permit at all times during the placement and use of the inflatable structure.

5. The inflatable structure must be operated at all times pursuant to the terms and conditions included in the permit.

6. The inflatable structure shall not be operated or used for commercial purposes.

7. Such other requirements as are found by the City Manager or his/her designee to be reasonably necessary for the protection of the public or City property, including, but not limited to, reasonable insurance requirements.

[Ord. No. 533, Section 2, 3/11/15.]

It is unlawful for any person to consume any alcoholic beverage(s) while upon any public street, alleyway, sidewalk, park or parkway, whether in a motor vehicle or otherwise, within the City.

[Ord. No. 533, Section 2, 3/11/15.]

Any person who, in any public park, street, alley, highway, public meeting, assembly or other public place, or in the immediate neighborhood thereof and in view from the same places, urinates or defecates, is guilty of a misdemeanor, provided that this Section shall not be applicable to the act of urinating or defecating in a proper receptacle in a restroom or bathroom in any enclosed structure.

[Ord. No. 533, Section 2, 3/11/15.]

Except as otherwise provided, the City Manager shall have the primary responsibility for the enforcement of this Chapter. Each police and law enforcement officer of the City is given permission to enter the public and restricted parts of all parks and public facilities to maintain public order or to prevent, remedy or take other appropriate action with respect to violations of the provisions of this Chapter or of other applicable laws or regulations.

[Ord. No. 533, Section 2, 3/11/15.]