Bakersfield Municipal Code Ch. 12.56 Parks

Sections: 12.56.010 Purpose. 12.56.020 Definitions. 12.56.030 Recreation and park standards, guidelines, requirements, and fees. 12.56.040 Administrative officers—Duties. 12.56.045 Park rangers—Duties and authority. 12.56.050 Prohibited acts in parks. 12.56.055 Expulsion from city facilities. 12.56.060 Use of restrooms. 12.56.065 Skate park. 12.56.070 Activity requiring a use permit. 12.56.080 Exclusive use permit—Facility reservation. 12.56.090 Special events permit. 12.56.100 Special events permit—Application—Contents. 12.56.110 Special events permit—Action on application. 12.56.120 Special events permit—Conditions for denial. 12.56.130 Special event permits—Indemnification and insurance. 12.56.140 Use permits—Application—Generally. 12.56.150 Use permits—Application—Contents. 12.56.160 Use permits—Application—Action on. 12.56.170 Use permit—Amplified music. 12.56.180 Use permit—Amplified speech. 12.56.190 Amplified music or amplified speech—Exceptions. 12.56.200 Alcoholic beverage sales permit. 12.56.210 Alcoholic beverage consumption permit. 12.56.220 Revocation of permits. 12.56.230 Appeal. 12.56.240 Sales and fees—Regulations.

• Prior history: Prior code §§ 5.40.010—5.40.260 and Ords. 2595, 2596, 2667, 2687, 2750, 2928, 3057, 3183, 3185, 3190, 3250, 3253, 3407, 3721.

The purpose of this chapter is to regulate the use of recreation and park facilities within the city, in order that all persons may enjoy and make use of such recreation and park facilities and to protect the rights of persons in the surrounding areas. (Ord. 3823 § 1, 1998)

Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of such words and phrases used in this chapter.

A. “Amplified music” means music projected and transmitted by electronic equipment, including amplifiers.

B. “Amplified speech” means human speech projected and transmitted by electronic equipment, including amplifiers.

C. “Camp” means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.

D. “Chief of police” or “chief” means the city of Bakersfield police chief or authorized representative.

E. “City manager” means the city of Bakersfield city manager or authorized representative.

F. “Community park” means a park which serves several neighborhoods and is planned to provide a greater range of recreational facilities than a neighborhood park. Central Park, Martin Luther King Park, Patriots Park, Beach Park, Yokuts Park, Silver Creek Park, the Park at River Walk, the Sports Village, and Mesa Marin Sports Complex are community parks.

G. “Director” means the city of Bakersfield recreation and parks director or designee.

H. “Neighborhood park” means a park which is located in close proximity to residential areas and primarily serves the neighborhood for essentially recreational purposes.

I. “Parks” includes all community and neighborhood parks, the grounds, parking lots, sumps, basins, pathways, roadways, avenues, and areas used for recreational and park purposes, and which are dedicated as such. For the purpose of Section 12.56.050, it also includes median islands, parkways, sump areas or greens, or other public grounds. (Ord. 5190 § 1, 2024; Ord. 5181 § 1, 2024; Ord. 4748 § 1, 2013; Ord. 4406 § 1, 2007; Ord. 3823 § 1, 1998)

fees.

A. The city council may, by resolution, establish recreation and park standards, guidelines and fees, and other requirements annually, not in conflict with this chapter.

B. Such resolution shall list the recreation facilities and parks which may be reserved, the type of activities permitted, permits, facility reservations, approvals or insurance required, maximum occupancies for the various parks and facilities therein, fees and deposits required, and may promulgate, by such resolution, any reasonable regulations for the proper administration of the parks which are consistent with the enforcement of this chapter.

C. Such resolution and any amendments thereto shall have the force of law and any violation thereof shall be punishable as set forth in Chapter 1.40 of this code.

D. Nothing in this section shall prohibit the director from promulgating rules and regulations for the daily operation of the parks and recreation facilities consistent with this chapter and applicable resolutions of the city council. (Ord. 3823 § 1, 1998)

The director shall direct the administration of the divisions of recreation and parks, and it shall be his or her duty to:

A. Develop, maintain and operate the recreation and park facilities within the city;

B. Issue facility reservations and park-related permits as set forth in this chapter, for the use of parks, athletic fields, swimming pools, softball diamonds or other recreational facilities, and enforce the provisions of this chapter, the resolutions of the city council, and other applicable regulations;

C. Promulgate rules and regulations in the form of an operations manual for the daily operation of the recreation and park facilities therein, consistent with the provisions of this chapter and resolutions of the city council. Such regulations shall have the force of law and shall be punishable as set forth in Chapter 1.40 of this code. (Ord. 3823 § 1, 1998)

Park rangers shall maintain city parks and park facilities in an orderly manner by enforcing this chapter via Sections 1.40.010 and 1.40.020. (Ord. 5181 § 2, 2024)

Within the limits of any park, it is unlawful for any person, other than a duly authorized city employee in the performance of his or her duty, to do any of the following:

A. Play or practice golf or archery, fly motor-driven model aircraft, or throw a javelin, shotput, hammer, boomerang, or other dangerous projectile or launch any type of rocket device, regardless of the power source;

B. Cut, remove, destroy, injure, mutilate, pluck, pull up or take any tree, plant, shrub, bloom or flower; or to cut, break, injure, deface, disturb or remove any bench, table, apparatus, refuse receptacle, equipment, building, structure, monument, sign, fence or property; or to mark, paint, write or print upon any building, monument, fence, bench, structure or other property; or to remove any wood, turf, grass, soil, rock, sand or gravel; or to attach or place in any manner any sign, poster, card, display or advertising device; throw any stones, rocks, clods or missiles; or to hunt, pursue, annoy, throw stones, clods, rocks or missiles at, shoot at, or molest or disturb in any way any animal or bird; or to go upon any lawn or grass plot where prohibited by a proper and legible sign;

C. Make, light, kindle or maintain any fire, unless such fire is lighted and maintained in a grill, pit, or brazier intended for such use;

D. Open, expose or interfere with any water or gas pipe or electrical outlet, hydrant, stopcock, sewer, basin or other fixture or improvement;

E. Leave any garbage, rubbish, trash cans, bottles, papers, cigarettes, animal feces or other refuse elsewhere than in the receptacles provided therefor;

F. Operate, drive, ride or propel any motor vehicle, bicycle, unicycle, horse, cattle, or any other animal, or to bring or keep any animal other than a domestic animal;

G. To allow dogs to run loose or with a chain or leash longer than six feet, except in areas which may be specifically designated and posted for such use;

H. Purposely or knowingly, in any manner, provide access to food, feed or bait to any wild animal, including, but not limited to, coyotes, deer, squirrels, feral cats, foxes, raccoons, skunks, waterfowl, birds or beavers;

I. Take into, exhibit, use or discharge any firearm, weapon, air gun or slingshot;

J. Use or attempt to use or interfere with the use of any table, stage, equipment, apparatus, area, athletic fields, swimming pool, tennis court or other space or facility which has been reserved for other persons under any contract, facility reservation or permit from the director or reserved or scheduled for other persons under contract or otherwise; or disturb in any manner any picnic, meeting, service, concert, exercise, activity, exhibition or gathering;

K. Operate, ride or propel any skateboard or skates except in areas which may be specifically designated and posted for such uses;

L. Assemble, collect or gather together in any walk, passageway or in any other place set apart for the travel of persons in or through any park or to occupy the same so that free passage or use thereof by persons passing along the same shall be obstructed in any manner;

M. Be in or upon any park between the hours of ten p.m. and five a.m.;

N. No person shall construct or maintain any building, structure, tent or any other thing in any park that may be used for housing accommodations or camping;

O. Except as allowed under permit issued pursuant to Sections 12.56.070, 12.56.080, 12.56.090 and 12.56.170, engage in any activity prohibited by these sections;

P. Except as authorized by permit issued pursuant to Section 12.56.200 or 12.56.210, consume any alcoholic beverage or be in possession of any open container with any alcoholic beverage inside;

Q. Take into, exhibit, use, cause to be brought into, or otherwise cause any bottle or any other glass beverage container, other than a container displayed as an exhibit in an authorized art show, to be in any park, or in any parking lot within the park or adjacent to any park;

R. Operate a food and/or shelter agency as defined in Section 17.04.285. (Ord. 5191 § 1, 2024; Ord. 4597 § 1, 2009; Ord. 4582 § 1, 2009; Ord. 4452 § 1, 2007; Ord. 3902 § 1, 1999; Ord. 3823 § 1, 1998)

A. In addition to the available penalties identified in Chapter 1.40, a city employee shall have the authority to expel an individual or group from any and all city amenities, equipment, or facilities, including city swimming pools, if said individual or group disrupts the reasonable peace and enjoyment of others’ use, if said individual or group is a threat to the safety of others, if the actions of said individual or group are an unreasonable disruption, or if said individual or group is not using the city amenities, equipment, or facilities in accordance with its design and/or its intended use as determined reasonable under the circumstances.

B. In addition to law enforcement, the director and/or assistant director, city employed pool managers, assistant pool managers, and head lifeguards shall have the authority to expel an individual or group from any and all city swimming pools if said individual or group disrupts the reasonable peace and enjoyment of others using the swimming pool, or if said individual or group is a threat to the safety of others using the pool, or if the actions of said individual or group are an unreasonable disruption of pool operations.

C. There is no limit on the number of times or duration an individual or group may be expelled under this section. (Ord. 4992 § 1, 2019; Ord. 4923 § 1, 2017; Ord. 4795 § 1, 2014; Ord. 3953 § 1, 2000)

No person over eight years of age shall enter or use any toilet or restroom posted and designated for the opposite sex. (Ord. 3823 § 1, 1998)

A. Skateboarding, rollerskating and inline skating are permitted within any skate park owned and operated by the city.

B. All persons skateboarding, rollerskating, or inline skating at a skate park owned or operated by the city, shall wear protective equipment, including, but not limited to, a helmet, knee pads and elbow pads.

C. The hours of all skate parks owned and operated by the city will be at the discretion of the director. (Ord. 3928 § 1, 1999)

The following activities are prohibited in all city parks unless a written permit from the director is issued:

A. To deliver, or announce or advertise the delivery of a public address, sermon, oration or speech;

B. To operate any radio, tape player, tape recorder, record player, television, compact disc player or other similar sound equipment on or in any park, or in any parking area or lot within any park, at such volume as permits the noise therefrom to be audible to any person of normal hearing sensitivity more than fifty feet from said radio, tape player, tape recorder, record player, television, compact disc player or other similar sound equipment;

C. To possess any 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;

D. The sale of alcoholic beverages; provided, however, that sales of such beverages may be permitted in a community park by nonprofit organizations in connection with special events pursuant to a permit granted therefor by the city manager or designee;

E. Power-drive and mechanical rides or other such devices not furnished by the city are prohibited in the parks; provided, however, that such may be permitted in a community park in connection with special events pursuant to a permit granted therefor by the director or designee;

F. To assemble for the collective participation in, or preparation for, a game, practice, scrimmage, or clinic, for an organized league, affiliation, team or club. (Ord. 4583 § 1, 2009; Ord. 3823 § 1, 1998)

The director may reserve those areas and facilities of each park as designated by the city council by resolution, as provided for in Section 12.56.030.

A. Persons shall apply for a facility reservation when:

1. The number of persons for whom the reservation is not in excess of three hundred; and

2. The event or activity is not open to the general public; and

3. The event or activity does not require amplified speech, amplified music, sale or consumption of alcoholic beverages or other special permits or approvals.

B. Applications shall be filed with the director on a form prescribed by the city not less than two working days nor more than one hundred twenty days prior to the proposed event or activity. (Ord. 4406 § 2, 2007; Ord. 3834 § 1, 1998; Ord. 3823 § 1, 1998)

A. Persons shall apply for a special event permit when:

1. The number of persons for whom the reservation is sought is in excess of three hundred; or

2. The event or activity is open to the general public; or

3. The event or activity will have amplified speech, amplified music, permits for sale of alcoholic beverages or any other special permits or approvals.

B. Special event permit applications shall be filed with the director not less than fifteen working days nor more than three hundred sixty-five days prior to the proposed event, activity or use of the park. The director shall not waive the fifteen-day period; provided, however, when it is found to be in the best interests of the administration of the parks, the director may waive such period when the applicant voluntarily waives the appeal rights given in this chapter. (Ord. 4584 § 1, 2009; Ord. 3823 § 1, 1998)

The application for a special events permit referred to in Section 12.56.110 shall contain the following:

A. Names, addresses and telephone numbers of the applicant, the sponsoring organization and person in charge of the proposed activity or event;

B. The names, addresses and telephone numbers of all officers, if the applicant is an organized group;

C. The name of the park and the area or areas therein being applied for;

D. The date and starting and finishing time of the activity or event;

E. An estimate of the minimum and maximum numbers of customers, spectators, participants and other persons expected to attend the activity or event;

F. A description of any program, plans and ability to supply security protection, to provide order, food, medical and first aid;

G. Additional facilities or personnel requested;

H. The nature of the proposed activity or event, including equipment to be brought into the park, nature and duration of the use of such equipment, nature and duration of the use of any amplified sound intended to be used, whether speech or music;

I. Whether any fund raising is to be accomplished;

J. Whether food or drink is proposed to be sold;

K. Whether the event is open to the public;

L. Such other information pertinent to the proposed use of the park as any officer of the city finds necessary and requires in order to determine whether or not the permit should be granted, and, if granted, the conditions of such permit;

M. Whether the sale of alcoholic beverages is planned. (Ord. 3823 § 1, 1998)

A. The director shall grant, grant with conditions, or deny the special use permit application on or before five days after the filing of the application, unless the time for such action has been waived by the applicant in writing. The decision shall be in writing and shall be mailed to the applicant to the address shown on the application or delivered personally.

B. Notwithstanding Section 12.56.120, the director shall grant the special use permit application when it complies with all provisions of this chapter and with standards, guidelines and rules and regulations applicable to the parks; provided however, that the director may impose reasonable requirements and conditions concerning the use of the park or area by the applicant consistent with all applicable laws and regulations.

C. Qualified persons or groups shall be assigned to appropriate areas by the director and shall be thereupon entitled to the use of the designated area for the day and hour specified or until such area is abandoned by such group during such day. Such use shall be conditioned upon attaining and complying with all the permits and regulations applicable to such area by the applicant and may be summarily revoked by the director upon any substantial violation thereof or as otherwise provided herein.

D. The director may grant the application for a park or area other than that applied for in the event that a permit has already been issued for said park or area, or if the requested area does not meet the needs of the applicant, or is otherwise unsuitable. In the event that more than one application is received for one park or area for use on the same day, the director shall act upon the application first received. (Ord. 3823 § 1, 1998)

The director shall deny an application for a special events permit if he or she finds that any of the following conditions exist:

A. If the requested park, area or facility is being used or is reserved at the same time as applied for;

B. If the application reveals that the city has no park which will accommodate the activity or event of applicant pursuant to the standards and guidelines contained in a resolution adopted by the city council;

C. If the proposed activity or event is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the areas, as to hinder police protection of the city;

D. If the applicant refuses to agree in writing to comply with all conditions and requirements of this chapter, with all regulations adopted pursuant thereto, and with all applicable law;

E. If the applicant fails to file a timely application, unless waived by the director, and the applicant waives all rights of appeal;

F. If the applicant fails to tender the full amount of any required fee, or deposit;

G. If required insurance policy or certificate of such insurance coverage is not provided;

H. If the event is for the purpose of advertising or for the sale of products or services for private profit;

I. If the event conflicts with any rules and regulations contained in this chapter, or local, state, or federal law;

J. If the application is untruthful. (Ord. 3823 § 1, 1998)

A. Before an application for a special events permit is approved, proof of insurance specified below shall be submitted to the director.

B. The policy or policies shall provide commercial general liability insurance, including the broad form CGL endorsement, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars per occurrence.

Unless the policy or policies of insurance are maintained in full force and effect, a permittee shall have no rights or privileges under such a permit. Such policy or policies shall be issued by a company authorized in this state to issue such policies. Permittee shall submit a certificate of proof concerning his/her insurance coverage to the park director.

C. In addition, each permittee shall agree in writing to keep and hold harmless the city from any and all claims, demands, or causes of action which may be asserted, maintained, or established against the city and/or any of its officers, agents, or employees, for death, personal injury, or property damage suffered or claimed to have been suffered by any person arising out of the use of the park. No permit shall be issued unless the permittee as an insured has procured, and unless he agrees to maintain in full force and effect during the period of use covered by his permit, a policy or policies of public liability and property damage insurance naming the city as a co-insured.

D. The director may also require cash deposits, if deemed necessary. (Ord. 3823 § 1, 1998)

Any person or entity desiring to have an activity set forth in Section 12.56.070 in a city park shall file for a use permit application with the director on a form furnished by the city. Unless stated otherwise herein, such application, fully completed and signed, shall be filed at least fifteen working days but not more than one hundred twenty days prior to the permitted use. The director may not waive the fifteen-day period unless the applicant waives all appeal rights set forth in this chapter. (Ord. 3823 § 1, 1998)

A use permit application shall contain the following:

A. Names, addresses, and telephone numbers of the applicant, the sponsoring organization, and the person in charge of the proposed activity or event;

B. The names of the park and the area or areas therein being applied for;

C. The date and starting and finishing time of the amplified music, speech or sales;

D. The nature of the proposed activity;

E. An estimate of the minimum and maximum number of customers, spectators or participants expected to attend;

F. For amplified music or speech permits:

1. The wattage to be used, and

2. The maximum distance for which music will be heard from the sound equipment;

G. Such other information pertinent to the proposed use of sound equipment or issuance of a permit for sales of alcoholic beverages, as the director finds necessary and requires in order to determine whether or not the use permit should be granted, and if granted, the conditions of such use permit. (Ord. 3823 § 1, 1998)

A. The director shall either approve, approve with conditions, or deny the application on or before five working days after the filing of the application unless the time for such action has been waived by the applicant in writing. (Ord. 3823 § 1, 1998)

A. The use of amplified music in a city park may be permitted pursuant to the issuance of a use permit under Section 12.56.150. A permit for amplified speech may be obtained by filing an application with the director as set forth in Section 12.56.180 and payment of any required fees therefor.

B. When amplified music is planned, the event will be considered open to the public and insurance pursuant to Section 12.56.130 is required.

C. When the required permits are obtained, amplified music may be allowed only in a community park, or neighborhood park with a permanent pavilion, and only between the hours of three p.m. and sunset on weekdays and between nine a.m. and sunset on Saturdays, Sundays and holidays.

D. The volume of sound for amplified music shall be controlled so that it will not be audible for a distance in excess of one hundred fifty feet from the exterior boundaries of the community park or the reserved area in which such equipment is operated and it is unlawful for any person in control of such equipment to permit or cause a violation of said limitation.

E. Permits for amplified music shall not be issued when another event has been scheduled in the same park and during the same hours that the equipment is proposed to be operated. (Ord. 3823 § 1, 1998)

A. A use permit for amplified speech may be obtained by filing an application with the director as set forth in Section 12.56.130 and payment of any required fees therefor.

B. Amplified speech shall not be audible beyond the boundaries of the area of the park where sound equipment is being operated. At all times the operator shall keep the sound level at a reasonable level to avoid disturbing other people using the park. Operation of the equipment is prohibited entirely between the hours of nine p.m. and nine a.m. (Ord. 3823 § 1, 1998)

Events or activities sponsored by the city or the director may use amplified speech or music in any city park without the need of a use permit. (Ord. 3823 § 1, 1998)

A. The sale of alcoholic beverages shall be permitted only in a community city park and only pursuant to the issuance of an alcoholic beverage sales permit.

B. As a condition of issuance of an alcoholic beverage sales permit, the applicant must obtain and provide proof of insurance as provided under Section 12.56.130.

C. Alcoholic beverage sales permits shall not be issued when another event has been scheduled in the same park during the same hours that the sale is proposed to be held. (Ord. 4406 § 3, 2007; Ord. 3823 § 1, 1998)

A. The consumption of alcoholic beverages in a city park shall be permitted only pursuant to the issuance of an alcoholic beverage consumption permit. Any person twenty-one years of age or over may apply for the permit. The permit may be obtained by filing an application with the director and paying the required fees therefor. Such application, fully completed and signed, must be filed no less than forty-eight hours prior to the use of the park. Application shall be made on weekdays between the hours of eight a.m. and five p.m.

B. Alcoholic beverage consumption permits shall be valid for a one-day period only. (Ord. 4406 § 4, 2007; Ord. 3834 § 2, 1998; Ord. 3823 § 1, 1998)

A. The director is authorized to summarily revoke any use permit for amplified music or speech whenever such amplified music or speech is reasonably determined to be obscene or slanderous or invite obscene conduct from spectators.

B. The director or designee is authorized to summarily revoke any use permit for amplified music or speech whenever it is reasonably determined that the sound is in excess of that permitted. It is unlawful to amplify any music or speech after any person in the group is notified of revocation of permit.

C. The director or designee is authorized to summarily revoke any use permit for alcoholic beverage sales or consumption if any person selling or in possession of an open container of an alcoholic beverage fails to comply with the regulations issued with the use permit.

D. The director or designee is authorized to summarily revoke any use permit for upon a finding that the permittee has or is substantially violating a condition of the permit.

E. A revocation of any permit issued pursuant to this chapter may result in refusal to issue a subsequent permit. (Ord. 3823 § 1, 1998)

A. The decision of the director on any application filed under this chapter, except for facility reservations, may be appealed to the city manager.

B. The applicant must file the appeal with the city manager within five days of the mailing or delivery of such decision.

C. The city manager shall hold a hearing within three days of the filing of such appeal at his office, at which hearing the applicant may present any evidence, testimony and information relevant to the application.

D. The city manager may, within twenty-four hours after the conclusion thereof, issue a decision either affirming the denial of the application or directing the director to issue a permit as applied for or upon such conditions as are reasonable under all the circumstances, in accordance with this chapter. The decision of the city manager shall be final and conclusive. The city manager shall specify the grounds for denial or the imposition of conditions. (Ord. 3823 § 1, 1998)

A. Except as provided in subsection B, only vendors with city contracts, or nonprofit organizations which have tax-exempt status through the Internal Revenue Service or the State Franchise Tax Board, are permitted to conduct sales, collect fees, or otherwise solicit funds in city parks; and then, only under the following conditions:

1. A special events permit is granted and a city business license is obtained;

2. Sale of food, drink, or clothing is approved by the Kern County Environmental Health Department
through a temporary health permit obtained by the applicant and a copy of which is furnished by the
applicant to the director of recreation and parks prior to the event taking place.

3. All sales are conducted from nonpermanent structures which are removed each night by park closing
hours.

B. This section does not apply to the sale of items by the city at city-sponsored events or to vendors that contract with the city to provide services at city-sponsored events.

C. Sidewalk vendors with valid permits are exempt from this section except that stationary sidewalk vendors may not operate in parks where the city has an exclusive agreement with a concessionaire. (Ord. 4957 § 1, 2018; Ord. 4014 § 1, 2001; Ord. 3823 § 1, 1998)

No person shall enter, be, or remain in any park unless he or she complies with the regulations set forth in this chapter. (Ord. 3823 § 1, 1998)