Chapter 9.24 — CITY PARKS

"Park" as used herein includes every public park, roadside rest area, picnic area, playground, sports facility, amusement park, skateboard park, bike path, hiking trail, special use park (such as, dog park, motorsports parks and bike skills park) or other recreational facility area, together with any parking lot, reservoir, pier, swimming pool, course, court, field, bridle path, trail or other recreational facility or structure thereon or therein, owned, managed, or controlled by the city of Arvin, or located within the city of Arvin.

(Ord. 190(part), 1984).

(Ord. No. 415, § 2, 6-17-2014)

Officers, agents, or employees of the city, or their agents, are exempt from the prohibitions herein set forth insofar as the performance of their official duties may conflict therewith.

(Ord. 190(part), 1984).

The activities enumerated herein are prohibited to all persons within the limits of parks in the city of Arvin except as may be specifically authorized by written permit issued by the city:

A.

To hitch, fasten, lead, drive, or let loose any animal or fowl of any kind, provided that this shall not apply to dogs when led by a cord or chain, not more than six (6) feet;

B.

To ride or drive any horse or animal, or to propel any vehicle, cycle, or automobile within the park area except on roadways;

C.

To cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other apparatus, or property; or to pluck, pull up, cut, take or remove any shrub, plants, bush, or flower; or to make or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure;

D.

To cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer;

E.

To make or kindle a fire except in picnic stoves, braziers, or fire pits provided for that purpose;

F.

To wash dishes or to empty salt water or other waste liquid elsewhere than in the receptacles provided for such purposes;

G.

To leave garbage, cans, bottles, papers, or other refuse anywhere other than the receptacles provided therefor;

H.

To indulge in riotous, boisterous, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language;

I.

To use, throw, or release any arrows or crossbows, except as specifically permitted in designated areas;

J.

To take, seize or hunt any nondomestic bird or animal;

K.

To disturb, in any manner, any picnic, meeting, service, concert, or other private events;

L.

To sell or offer for sale any merchandise, article, or anything whatsoever;

M.

To remain, stay, or loiter in any public park between the hours of ten p.m. (10:00) and six a.m. (6:00) of the following day;

N.

Except in park roadways and in facilities where official City signage expressly permits bicycle riding, to ride bicycles in any park area roadways, and in each case shall be parked in racks when provided;

O.

It is unlawful for any persons to assemble, collect, or gather together on any walk, passageway, or roadway in any park or in any other place set apart for travel of persons in or through any park or to occupy the same so that the free passage or use thereof by other persons is obstructed in any manner;

P.

To occupy any part of any park within the city in a group, or as part of a group, in excess of twenty-four (24) persons without first obtaining a permit from the city;

Q.

To enter any pool, dressing room, or structure at any time when a person lawfully in control is not in attendance therein;

R.

1. No person over the age of eight (8) years of age shall enter or use any restrooms designated for a member of the opposite gender.

2.

No member of any one gender shall take, carry, force, or persuade to go by any means, a member of the opposite gender, over the age of eight (8) years into a restroom designated for a member of the opposite gender;

S.

No person shall camp or lodge in city parks without a permit issued by the city;

T.

It is unlawful for any person, firm, corporation or association, charitable or otherwise, to use a park for the purpose of conducting thereon any carnival, exhibition, theater, tent or open air, public dance, or other business or activity without first securing a permit from the city;

U.

To fail to obey the lawful orders of a director or other park attendants to cease and desist from any activities prohibited in Section 9.24.030.

V.

To fail to leave the park premises when directed to do so by director or other park attendants because of violation of any of the rules, or to return to the park on the same calendar day after having complied with a direction to leave park pursuant to this subdivision.

W.

No person shall smoke, chew tobacco products or discard any smoking waste in any park pursuant to Section 9.24.035. No permit may be issued to allow smoking, chewing tobacco or to discard any smoking waste in any park.

(Ord. l90(part), 1984).

(Ord. No. 415, § 3, 6-17-2014; Ord. No. 427, § 2, 11-17-15)

A.

Definitions.

The following words and phrases, whenever used in this section, shall have the following meanings:

"Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.

"Smoking" means engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.

"Tobacco products" means any product that contains tobacco, or contains synthetically produced nicotine and is intended for human consumption. "Tobacco product" does not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine and tobacco dependence.

B.

Prohibition of Smoking in Parks.

1.

Smoking is prohibited in all parks.

2.

Nothing in this section prohibits any person or entity with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.

3.

No person shall dispose of used smoking waste in a park.

4.

No person shall chew tobacco products in a park.

C.

Posting of Signs.

"No smoking" signs, with letters of not less than one inch (1") in height or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in places regulated by this section. Notwithstanding the above, the lack of signage in any park does not excuse failure by any person to comply with this section.

(Ord. No. 415, § 4, 6-17-2014)

Violation of any of the provisions of this article shall constitute a misdemeanor and conviction thereof shall be punishable by fine of not more than five hundred dollars ($500.00), or by imprisonment in the city or county jail for a period not exceeding six (6) months, or by both fine and imprisonment.

(Ord. 190(part), 1984).