Chapter 96 — PUBLIC PARKS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer and every liquid or solid containing ½ of 1% or more of alcohol by volume, and fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.

COMMISSION. The Human Services Commission of the city.

DEPARTMENT. The Human Services Department of the city.

DIRECTOR. The Director of Human Services, his deputy, or other persons authorized by him to act in his stead. NOTICE. Written notice, given by personal service or United States Postal Service, postage prepaid, addressed to the person to be notified, at his last-known address. Notice shall be deemed given, for all purposes, when the same is deposited in the course of transmission of the United States Postal Service, or at the time of personal service.

PARK. Every park, roadside rest, and every other recreation facility, designated as such, owned, managed or controlled by the city.

PARK WATERS. Any lake, reservoir, pond, swimming pool, or other body of water or any source of domestic water within a park.

PERMIT. A park permit required pursuant to §§ 96.15 through 96.22 and § 96.24.

PERMITTEE. The holder of a permit.

SKATE PARK. A public park or that portion of a public park which has been designated by the City of Baldwin Park as being a facility operated primarily for skating. A skate park shall be identified by signage located on the site. (‘83 Code, § 12.24.010) (Ord. 845, passed - - 82; Am. Ord. 1219, passed 11-5-03; Am. Ord. 1220, passed 11-19-03)

(A) Disposal of rubbish. Carrying onto any park property any garbage, trash or other refuse is prohibited. No person shall throw, place, bring to or deposit in any park or on an park area, any garbage, refuse, bottles, recyclables, glass, crockery, rubber or plastic items, cans, boxes, crates, broken-up or whole household furniture and equipment, household appliances, automobile parts, tires, fluids or accessories, combustible or noncombustible rubbish, miscellaneous debris or combined rubbish, yard and garden waste, iron, wire, metal articles, bric-a-brac or cement, broken concrete, broken plaster or any such trash or abandoned material, or anything offensive or injurious to the public health, and place or deposit, or permit to be thrown or deposited, the same in any park or park receptacle.

(1) Trash generated on the park must be deposited in provided trash receptacles or carried off the park property. Glass containers are prohibited.

('83 Code, § 12.24.130)

(B) Weapons. No person shall have in his possession in any public park any firearms, air gun, illegal knives, slingshot, bow and arrow or BB gun, nor shall any person discharge or shoot any firearm, air gun, slingshot, bow and arrow or BB gun within any public park within the city, except when permitted by the Director as a part of a city sponsored or authorized recreational activity.

('83 Code, § 12.24.140)

(C) Firecrackers/fireworks. No person shall have in his possession, nor shall any person fire or discharge, in any public park, any fireworks, as that phrase is defined in the Health and Safety Code of the state, unless authorized by express provisions of this code, or as a part of a city sponsored or authorized public fireworks display. ('83 Code, § 12.24.150)

(D) Flora. No person shall dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower or any portion thereof, growing in any public park; nor shall any person remove or deface or destroy any wood, turf, grass, soil, rock, sand or gravel from any public park.

('83 Code, § 12.24.160)

(E) Park structures. No person, other than a duly authorized city employee or agent shall:

(1) Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench or any other structure, apparatus or equipment or property of the city, or any portion thereof;

(2) Mark or place on any such structure or any portion thereof, any mark, writing or printing;

(3) Attach thereto any sign, card display or other similar device.

('83 Code, § 12.24.170)

(F) Fires. No person shall light or maintain any fire unless he or she first obtains written authorization from the Director, and such fire is lighted and maintained in a stove, fire circle, or other place or receptacle provided for that

purpose.

(1) No person shall establish, maintain or store in any city park, a temporary or permanent place for cooking, or set up or utilize any cooking equipment, kitchen utensils or cookware; provided, however, that any person may set up and use cooking equipment if he or she does so within an area of a city park designated by the city for cooking and food preparation, and he or she is participating in either a scheduled, city-sponsored event or an approved, permitted event, which event has, as part of its stated purpose, the limited preparation of food for human consumption.

(2) Individuals or groups obtaining permission to cook and/or prepare food, or park users who are cooking or preparing food in an area of a city park designated for that purpose, may not engage in cooking or food preparation activities outside of regular park hours of operation.

('83 Code, § 12.24.180)

(G) Animals. No person shall bring into any public park any cattle, horse, mule, goat, sheep, swine, dog, cat or any animal of any other kind, except that a dog or a cat may be permitted in the park if it is kept on a leash under full control of its owner or person in possession. The Director may find and permit that, at certain times, under specified restrictions and at designated places, a person can ride a horse, mule, burro or donkey, or other similar animal, or can lead the animal without interference with the use of a park. No animal shall be allowed to graze or run at large within the boundaries of a city park. No animal shall be killed, harmed or removed from any park unless by a city employee in the performance of official duties.

('83 Code, § 12.24.190)

(H) Vehicles. The operation and/or parking of motor vehicles shall be restricted to the times of operation of the city park or facility. It is unlawful to remain or park upon the grounds of any city park, or any part thereof, between the hours of 1:00 a.m. and 5:00 a.m. Motorized vehicles shall not be operated or parked on city property, or on any part of any park, except on designated roadways or within designated markings, without first obtaining a city permit.

(1) The Director may grant permission, at certain times, under specified restrictions and at designated places, to operate a motorized vehicle in restricted areas or outside of the normal hours of operation of any city park or facility, so long as such use does not interfere in any way with the use of any park. ('83 Code, § 12.24.200)

(I) Solicitations. A person shall not solicit in any manner or for any purpose, or sell or offer for sale, any goods, wares, or merchandise, therein, except:

• (1) By any city granted concession; or

(2) If a city authorized or supported sports team, which is a member of a regular city authorized or supported league, admits all members of the general public to the extent of capacity, without discrimination, and without charge to any game played, the team may solicit voluntary contributions from the spectators attending the game. ('83 Code, § 12.24.210)

(J) Alcoholic beverages. No person shall enter, be, or remain in any public park while consuming any alcoholic beverages. Notwithstanding the foregoing, this division (J) shall not apply to any person over the age of 21 attending a function at the Arts and Recreation Center or Julia McNeill Senior Center if the prior consent of the Director of Recreation and Community Services to the consumption of alcohol at such function has been obtained.

(‘83 Code, § 12.24.220) (Am. Ord. 1092, passed 1-18-95; Am. Ord. 1354, passed 9-19-12)

(K) Hours of use. No person shall be, remain, stay, occupy or loiter in any park, or building therein, between the hours of 10:00 p.m. and 5:00 a.m. of the following day, without first obtaining written permission from the Director.

(1) The City Manager, Director or a duly authorized representative may close a park area or recreation facility at any time there is an apparent danger to the persons using the property itself, or for any cause that would provide for the safety and protection of the public. This division may be enforced without concurrence of those individuals or groups involved in the use of the parks. Remaining in an area closed by the City Manager or authorized representative is prohibited.

('83 Code, § 12.24.230)

(L) Overnight camping and sleeping. No person shall establish or maintain in any city park any living accommodations or temporary or permanent place for sleeping by setting up any tent, lean-to or any other shelter-like structure intended for human occupancy, or any bedding, sleeping bags, bed rolls, blankets, sheets, luggage, backpacks, mattress, hammock or other sleeping implements and/or equipment or materials, or use any park furnishings or fixtures for prolonged or repeated periods of time not associated with ordinary use of the park or public place, with one's possessions or while storing one's possessions (including but not limited to, clothing, kitchen utensils, cookware, and/or food or beverages), cooking or consuming meals, or lodging in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using the park or public property as a living, lodging or sleeping accommodation, regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged; provided, however, that any person may temporarily camp, or set up and use bedding or sleeping bags, if he or she is participating in either a scheduled, city-sponsored event or an approved, permitted event.

(1) The Director may permit any group to camp overnight at a designated location in a park, and may require minors who are members of the group to be supervised during the camping by an adequate number of responsible adults; provided that the overnight camping will not interfere with, or in any way be detrimental to the park, or interfere with the use thereof. Upon the granting of such approval, the members of the group and its adult supervisors, if required by the Director, may camp at the time, location, and under conditions specified in the permit. ('83 Code, § 12.24.240)

an adequate number of responsible adults; provided that the overnight camping will not interfere with, or in any way be detrimental to the park, or interfere with the use thereof. Upon the granting of such approval, the members of the group and its adult supervisors, if required by the Director, may camp at the time, location, and under conditions specified in the permit. ('83 Code, § 12.24.240)

(M) Changing clothes. A person shall not change clothes or otherwise dress in any park areas, on the edges of park waters or in any comfort station, except in that portion of a park building designated for such purposes. ('83 Code, § 12.24.250)

(N) Washing and human waste. A person shall not place in any park waters any clothing, edible item, dish or utensil, or cleanse in any park waters any such clothing, edible item, dish or utensil, or wash or commit any nuisance in or near the waters, or pollute any park waters, wash or cleanse in park waters any portion of the body.

(1) It shall be unlawful and a misdemeanor for any person to urinate, defecate or deposit any bodily fluids or debris in or upon any park, or any place open to the public or exposed to public view. This division shall not be

construed to prohibit the use for urination or defecation of lawfully constructed restroom facilities designed for the sanitary disposal of human waste.

(‘83 Code, § 12.24.260)

(O) Portable carts. Shopping carts, carrying carts, wheeled devices and/or other similar carrying devices used to transport personal property, food items, camping, sleeping, or cooking equipment or materials, are strictly prohibited within the confines of any city park.

(P) Swimming. No person shall swim in any park waters or pool or use any such waters for personal hygiene or cleansing, except at the places and times designated by the Director.

(‘83 Code, § 12.24.270)

(Q) Violation. Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction.

(R) Disturbing the peace (as defined in the Cal. Penal Code § 415). It is unlawful for a person to do any of the following within a park:

Fight or challenge another person to fight;

Use offensive words likely to incite imminent lawless action;

Maliciously and willfully disturb another person by loud and unreasonable noise; provided, however, where the noise is a result of communications made in a loud manner, the communication shall be unlawful only where it is likely to incite imminent lawless action, or where the communication is not intended as such but is merely a guise to disturb persons.

(1) When in the interest of public health, safety or welfare, it is determined that it is in the best public interest to exclude persons or groups from any city area and/or facility, such action may be taken by the City Manager, Director, or his or her designated representative, subject to appeal to the City Council.

(S) Vandalism. Any person causing or committing vandalism, or parents of persons under the age of 18 causing or committing vandalism, will be held financially responsible for the full amount of damages, or the maximum allowed under the Cal. Civil Code §§ 1714.1 and 1714.3 or subsequent sections. All provisions of the Cal. Penal Code § 594, referring to malicious mischief, are applicable.

(T) Noise. It shall be unlawful for any person within any park or park area or park facility to use or operate any radio, musical instrument, phonograph, television receiver, or other machine or device for the producing, reproducing or amplifying of the human voice, music or any other sound, in such a manner, as to disturb the peace, quiet and comfort of other park occupants or any reasonable person residing or working in the area. Any noise level caused by such use or operation exceeding the ambient noise level on the premises of any other park space so as to disturb the use and enjoyment of any other park user shall be a violation of the provisions of this section.

(U) Gambling. Gambling and gaming in any city park or city facility is prohibited pursuant to the provisions of Cal. Penal Code §§ 330 and 330A. No person shall deal, play, carry on, open, cause to be opened, or conduct any game, or bet at any game, played with cards, dice or any other device, for money, checks, credits, chips, tokens or anything of value, or for anything representative of anything of value on such premises.

(Am. Ord. 1304, passed 10-17-07; Am. Ord. 1344, passed 7-6-11) Penalty, see § 10.99

(A) No person shall enter, be or remain, in any park unless he complies with all of the regulations set forth in this code applicable thereto.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 12.24.280) Penalty, see § 10.99

All public parks and public libraries over which the City of Baldwin Park has jurisdiction, including adjacent public parking lots and sidewalks, are hereby designated “drug-free zones” pursuant to California Health and Safety Code Section 11380.5. Signs shall be posted at such designated drug-free zones which shall provide notice of California Health and Safety Code Section 11380.5.

(Ord. 1138, passed 12-16-98)

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons, or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed and is declared to be a public nuisance, and may be subject to abatement summarily by a restraining order or injunction issued by a court order of competent jurisdiction.

(Ord. 1344, passed 7-6-11)

PERMITS

• (A) No person shall occupy, in a group, or as part of a group, of 25 or more persons, any portion of any public park, or any building or structure located therein, for any purpose or activity, unless:

• (1) The group has obtained the sponsorship of the department for such activity or use, as a part of the city's comprehensive recreation program; or

• (2) The group has obtained a park permit from the Director for such occupancy or use, in the manner set forth in this chapter.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 12.24.020) Penalty, see § 10.99

• (A) A park permit shall be obtained, except as provided in § 96.15, from the Director before any person shall:

• (1) Occupy any part of any park within the city, in a group, or as part of a group, in excess of 25 or more persons;

or

• (2) Occupy, as a part of any such group, any part of any park or park facility, on a reserved or exclusive use basis.

(B) Applications for park permits shall be submitted to the Director at least 15 days, but not more than 90 days, in advance of the proposed date of use. The applications shall be on forms prepared by the Director, and each applicant shall submit the following information upon the applications:

• (1) Name and address of applicant;

• (2) Name and address of the principals of the applicant, if a corporation, unincorporated association or other type of group, together with any individuals who sponsor the applicant;

• (3) The day or days, and hours for which permit is desired;

• (4) A description of that portion of park facility proposed for the use;

• (5) An estimate of the anticipated attendance;

(6) Any other information which the Director shall deem necessary and appropriated for the protection of park property and to assure the public a reasonable use of the park. ('83 Code, § 12.24.030)

(A) Issuance. Upon receipt of an application in the form described in this chapter, the Director shall issue the park permit therein requested, unless he finds any of the following to be present:

• (1) The proposed activity or use will unreasonably interfere with the general public enjoyment of the park or portion thereof.

• (2) The proposed activity or use will unreasonably interfere with the public health, welfare, safety, and interest.

• (3) The proposed activity or use is unlawful.

• (4) The proposed activity or use will entail unusual, extraordinary or burdensome expense to the city, or involve extensive police operations to the detriment of the general welfare.

• (5) The facilities desired to be used have been previously reserved for another use at the time and place requested in the application.

(B) Denial. The Director shall deny the issuance of any park permit if he finds, from the application and his investigation, that any of the facts set forth in division (A) of this section are present. ('83 Code, § 12.24.040)

The Director may refer any application to any other city department for investigation and report, as may be necessary to allow him to properly evaluate the application. ('83 Code, § 12.24.050)

Conditions of approval may be imposed by the granting body upon the issuance of a park permit, to insure compliance with the provisions of this code, including, but not limited to, requiring the applicant to take out and maintain liability insurance, in minimum amounts approved by the City Manager, if the proposed activity appears hazardous so as to require such insurance. If so required, the policy shall name the city as co-insured. ('83 Code, § 12.24.060)

The Director shall suspend any such park permit if he finds that operations under the permit will or have, violated any provisions of this code, or any other applicable law, regulation or any other good cause. Such suspension shall be deemed a revocation, if an appeal is not timely filed. ('83 Code, § 12.24.070)

Notice of action by the Director, with reference to a permit application, shall be given to the applicant and any other person requesting the same.

('83 Code, § 12.24.080)

Any person dissatisfied with the decision of the Director with respect to the issuance, conditional issuance, denial or suspension, of a park permit, may appeal the decision to the City Council. The decision of the Director shall be final and conclusive with the absence of the filing of such an appeal, in the time and manner set forth in § 30.04. ('83 Code, § 12.24.090)

Fees for the use of park facilities shall be as set by resolution of the City Council. ('83 Code, § 12.24.100)

Each permittee shall observe all regulations applicable to conduct in public parks as set forth in this code, and any other applicable law or regulation. Prior to the actual issuance of any permit the applicant shall sign and file with the Director a statement agreeing to hold the city, its officers and employees, free and harmless from any loss, damage or injury sustained, arising out of, or by virtue of, the issuance of such permit and the use and operation thereunder. In addition, the applicant shall also agree that if any damage is done to any city property or equipment, the applicant, upon receipt of a city invoice therefor, shall reimburse the city. Should litigation be necessary to enforce such a claim in favor of the city, the applicant shall pay to the city reasonable attorney fees as determined by the court. ('83 Code, § 12.24.110)

(A) No person shall ride or operate a unicycle, bicycle, tricycle, four-wheeled cycle, scooter, or other motor or human powered vehicle within the boundaries of any public park. Notwithstanding the foregoing, a person may ride or operate the following vehicles within any portion of a public park which is not a skate park: a tricycle, stroller, or baby carriage.

(B) No person shall ride a skateboard, roller blades, or roller skates within the boundaries of any public park, provided, however, that a person may ride a skateboard, roller blades or roller skates in those portions of a skate park designated for such use.

(C) Any person riding a skateboard, roller blades, or roller skates in a skate park shall wear a helmet, elbow pads, and knee pads, which are in serviceable condition and properly fastened in accordance with the manufacturer's recommendations for such equipment.

(D) The provisions of this section shall not be deemed to apply to the following: (1) the operation or riding of any vehicle used to provide mobility to any disabled person; or (2) the operation or riding of a motor vehicle on a paved driveway from the street to a parking lot on the public park; or (3) the wheeling of a bicycle or other human powered vehicle from outside the boundaries of a public park to a place within the public park designated for parking such vehicle if such transportation occurs solely on paved paths within the public park and the vehicle is not ridden during such operation.

(E) Any violation of this section shall be an infraction, subject to the provisions of § 10.99 of this Code. (Ord. 1219, passed 11-5-03; Am. Ord. 1220, passed 11-19-03)