Belmont Municipal Code Art. II Use Regulations

Footnotes:

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Editor's note— Ord. No. 2017-1121, §§ 3—17, adopted August 22, 2017, repealed the former Art. II §§ 16-21—16-35 and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Ord. No. 533, adopted April 8, 1974; Ord. No 209, adopted September 13, 1983; and Ord. No 964, adopted July 24, 2001.

The article's regulations apply to all persons in city parks except city employees acting in the scope of their employment. As used in this article, "city park" means any city owned or operated park, recreation area, open space area, or community center, and the improvements thereon.

(Ord. No. 2017-1121, § 3, 8-22-17)

A person using a city park shall clean up all debris, extinguish all fires when such fires are permitted, and leave the premises in good order, and the facilities in a neat and sanitary condition.

(Ord. No. 2017-1121, § 4, 8-22-17)

It is unlawful for a person to throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, liquid or solid, which will or may result in the pollution of said waters.

(Ord. No. 2017-1121, § 6, 8-22-17)

(a) It is unlawful for a person to consume an alcoholic beverage or possess a can, bottle or other receptacle containing an alcoholic beverage which has been opened or a seal broken or the contents of which have been partially removed in the following locations without a permit issued by the city manager.

(1) In any city park. This subsection does not apply within the limits of those city parks where alcohol consumption is allowed by administrative regulation.

(2) On any public sidewalk, street, or parking lot within 500 feet of the exterior boundary of city park.

(3) On any public sidewalk, street, or parking lot within 500 feet of property used for commercial or business purposes other than a lawful home occupation.

(b) The city manager may by administrative regulation allow the consumption or possession of alcohol in a city park with a permanent restroom.

(c) Possession of alcohol in violation of this section is an infraction under California Businesses and Professions Code Section 25620.

(d) Consumption of alcohol in violation of this section is a misdemeanor that may be charged as set forth in Section 1-8.

(e) No person may remain in any place described in subsection (a)(1) through (3) for the purpose of consuming an alcoholic beverage when the consumption of alcohol by that person would violate subsection (a). Violation of this subsection is a misdemeanor that may be charged as set forth in Section 1-8.

(f) This section shall not be deemed to make punishable any act or acts which are prohibited by any of the laws of the state of California.

(Ord. No. 533, § 1, 4-8-74; Ord. No. 964, § 1, 7-24-01; Ord. No. 2017-1121, § 8, 8-22-17)

It shall be unlawful to prevent any person from using any park, or any of its facilities, or interfere with such use in compliance with this article and the rules applicable to such use.

(Ord. No. 533, § 1, 4-8-74; Ord. No. 2017-1121, § 9, 8-22-17)

(a) Whenever any group of more than 25 desires to use park facilities for a particular purpose, such as picnics, parties or entertainment performances, a representative of the group must first obtain a permit from the city manager.

(b) The city manager shall grant the application if it appears that the group will not interfere with the general use of the park by the individual members of the public and if the group meets all other conditions contained in the application. The application may contain a requirement for a cleaning deposit and an indemnity security to protect the city from liability and restore damage to city property.

(Ord. No. 533, § 1, 4-8-74; Ord. No. 2017-1121, § 10, 8-22-17)

It is unlawful for a person to engage in flying model airplanes or drones, games or activities of a hazardous nature that are incompatible with any lawful contemporaneous use, or overnight camping and picnics except at locations specifically designated for such activities.

(Ord. No. 533, § 1, 4-8-74; Ord. No. 2017-1121, § 11, 8-22-17)

A person may operate a motor vehicle in a city park only on streets, driveways or in parking lots established for parking and only in accordance with posted signs.

(Ord. No. 533, § 1, 4-8-74; Ord. No. 2017-1121, § 12, 8-22-17)

(a) It is unlawful for a person to bring a dangerous animal into a city park. "Dangerous animal" includes a dog that has been designated "dangerous" within the meaning of BCC Chapter 5 by the city or under a similar provision by another a local agency.

(b) A person having possession or control of a dog must restrain the dog whenever the dog is in a city park by a leash not exceeding six feet in length and strong enough to lift and support four times the dog's weight. The leashed dog must be under the direct control of a person physically capable of restraining the dog. This subsection does not allow dogs to be on city property when the presence of dogs is otherwise prohibited by local law or authority.

(c) The requirements of subsection (b) and section 5-6(a)(1)(B) do not apply to:

(1) Dogs secured within a vehicle or dog carrier;

(2) Guide dogs for the blind or deaf;

(3) Dogs participating in field or obedience trials or exhibitions as part of a city approved program or event;

(4) Working dogs while engaged in the activities of a program approved by the city manager.

(5) Dogs within designated park areas during times when the presence of dogs off-leash is allowed by administrative regulations, provided that the dog is under the control of a person competent to keep the dog under effective charge at all times.

(6) ADA Service Animals that are under the effective control of the person with disabilities whom the animal serves.

(d) Aggressive or territorial dogs are not allowed within city parks. The city manager may permanently exclude a dog from all city parks, including dog parks, if he or she finds the dog to have demonstrated aggressive or territorial behavior on one or more occasions while off the property of its keeper. The city manager may conduct the proceeding or appoint a hearing officer to receive evidence and make recommended findings. The dog's owner or keeper shall be given notice of the proceeding and an opportunity to be heard before findings are made. The determination of the city manager is final.

(Ord. No. 533, § 1, 4-8-74; Ord. No. 2017-1121, § 13, 8-22-17)

It is unlawful for a person to sell or offer for sale any commodity or article within a city park without a permit issued by the city manager.

(Ord. No 533, § 1, 4-8-74; Ord. No. 2017-1121, § 14, 8-22-17)

(a) Generally. Except as provided herein, city parks, including all facilities located therein, shall be closed to the public between one-half hour after sunset and one-half hour before sunrise. No person shall enter or remain in a city park when it is closed to the public, unless authorized by the city manager.

(b) Exceptions. The hours established by subsection (a) shall not apply:

(1) To parking lots serving an immediate area of any municipal building until one hour after the building closes to the public;

(2) To the portion of a city park in which an authorized use is being conducted until one hour after completion of the authorized use.

(3) When in conflict with park administrative regulations.

(Ord. No. 2017-1121, § 15, 8-22-17)

Any section, or part of the park, may be declared closed to the public by the city manager at any time and for any interval of time, either temporarily or at regular or stated intervals.

(Ord. No. 533, § 1, 4-8-74; Ord. No. 2017-1121, § 16, 8-22-17)

(a) It is unlawful for a person to swim, wade, use a surfboard or other type of float, engage in boating or any kind of activity which involves entry into the waters of Notre Dame Lake commonly known as Water Dog Lake.

(b) This section shall not apply to persons acting on behalf of the city, county or state while engaged in the inspection, repair or maintenance of the said lake or its facilities.

(Ord. No. 709, § 1, 9-13-83; Ord. No. 2017-1121, § 17, 8-22-17)