Chapter 6.32 — PARKS AND PUBLIC PATHWAYS--USE RESTRICTIONS

Sections: 6.32.010 Definitions. 6.32.020 Park hours. 6.32.030 Park rules and uses. 6.32.040 Offensive noise. 6.32.050 Traffic prohibited in Aquatic Park when. 6.32.060 Parking and vehicle operation restrictions. 6.32.070 Vehicle removal authorized when--Procedures required. 6.32.080 Applicability--Exceptions. 6.32.090 Signs required. 6.32.095 Skate parks--rules. 6.32.100 Violation--Penalty.

• For vehicles and parking generally, see Title 14 of this code.

For Aquatic Park regulations, see Ch. 6.04 of this code.

A. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power, devices used exclusively upon stationary rails or tracks, and motor-driven wheelchairs or similar devices used by a physically handicapped person; provided, however, that for the purposes of this chapter, a bicycle shall be deemed a vehicle.

B. "Automobile" means every motor vehicle, as herein defined, except motorcycles.

C. "Loud or offensive noise" means wilful disruption of the public tranquility or peace by any tumultuous proceeding.

D. "Motorcycle" means every motor vehicle, other than a tractor, designed to travel on not more than three wheels in contact with the ground.

E. "Motor-driven cycle" means any motorcycle, including every motor scooter, with a motor which produces less than fifteen gross brake horsepower, and every bicycle with motor attached.

F. "Motor vehicle" means every device, as herein defined, which is self-propelled.

G. "Operator" means every person who drives, operates or is in actual physical control of a motor vehicle.

H. "Person" means every natural person, firm, copartnership, association or corporation.

I. "Public path" means public rights-of-way other than sidewalks dedicated to pedestrian use and connecting public streets. (Ord. 4731-NS § 1, 1974; Ord. 4716-NS § 1, 1974)

A. No person shall enter upon or otherwise remain within City parks, or portions thereof, between the hours or for the period specifically posted as closure hours at the entrance to the particular park and, where applicable, adjacent to any portion of a park being closed.

B. Where no hours are posted, a park shall be closed between the hours of ten p.m. and six a.m., except that parks equipped with user operated lights shall be closed between the hours of eleven p.m. and six a.m.

C. Reserved. (Ord. 6524-NS § 1, 2000; Ord. 5823-NS § 1, 1987; Ord. 5454-NS § 1, 1982; Ord. 4716-NS § 8, 1974)

A. The City Manager or their designee is authorized to issue such regulations and take such other actions as are necessary to preserve park property and public safety and to distribute park space and facilities among competing uses, including the prohibition of certain activities or restriction of them to certain times and/or locations. Failure to obey any directive issued by the City Manager or their designee pursuant to this section shall be a violation of this chapter.

B. Whenever any activity is restricted or prohibited in specified areas of any park, or whenever the use of specified areas is restricted or prohibited, the City Manager or their designee shall cause signs to be posted or permits to be issued notifying the public of such restrictions or prohibitions. Failure to obey the restrictions stated in any properly posted sign or in any permit shall be a violation of this chapter.

C. This ordinance is intended to be declaratory of and does not constitute any change in existing law. (Ord. 6577-NS § 1, 2000)

A. It is unlawful for any person to produce or cause to be produced loud or offensive noise in public parks after the hour of ten p.m. and before the hour of seven a.m.

B. Programs and events which may be sponsored by the Department of Recreation, Parks and Community Services or by authorized groups, where a valid permit has been issued therefor by the Director of Recreation and Parks, may continue after ten p.m., but such programs or events shall not unreasonably disturb the neighborhood. (Ord. 6577-NS § 2, 2000; Ord. 4736-NS § 6 (part), 1974; Ord. 4716-NS § 5, 1974)

It is unlawful for any person to operate, park, stop or leave standing any vehicle in the Berkeley Aquatic Park at any time from a half-hour after sunset to a half-hour before sunrise, except that portion lying east of the lake between the southern line of the extension of Bancroft Way and the northern line of the extension of Addison Street. (Ord. 6577-NS § 2, 2000; Ord. 4716-NS § 3, 1974)

It is unlawful for any person to stop, park or leave standing any vehicle, motor vehicle, automobile, motorcycle or motor-driven cycle, whether attended or unattended, in any park in the City, including the Berkeley Aquatic Park, except that vehicles may be parked in the allotted parking spaces designated by painted or marked lines placed for the purpose of allotting spaces to parked vehicles, and in such cases where there are no painted or marked lines designating the allotted parking spaces, vehicles shall be parked in such a manner that both wheels on the right side of the roadway of such vehicle are not more than six inches from the right-hand edge of the roadway, and such vehicle is at least three feet distant from any vehicle standing in the front or the rear thereof. It is further unlawful to operate any vehicle, motor vehicle, automobile, motorcycle or motor-driven cycle in parks and on public paths except on roadways designated for vehicular use. (Ord. 6577-NS § 2, 2000; Ord. 4716-NS § 2, 1974)

The Police Department is authorized to remove or cause to be removed to the nearest garage or other place of safety, or to a garage designated or maintained by the City, any vehicle that is stopped, standing or parked in violation of any of the provisions herein and when signs are posted giving notice of such removal. The provisions of the California Vehicle Code pertaining to notice to owner and garagekeeper’s lien shall apply in the event of such removal. (Ord. 6577-NS § 2, 2000; Ord. 4716-NS § 7, 1974)

Authorized officers, employees, agents or representatives of the City shall be excepted from the provisions of this chapter only when such officer, employee, agent or representative is on the official business of the City and such official business requires such person to be in a City park. (Ord. 6577-NS § 2, 2000; Ord. 4716-NS § 4, 1974)

The Police Department is authorized and directed to erect, maintain, place and paint the necessary signs and markings which shall give notice of the regulations prescribed in this chapter. (Ord. 6577-NS § 2, 2000; Ord. 4716-NS § 6, 1974)

A. All persons using skate parks within the City of Berkeley shall comply with the following requirements:

1. Only persons using skateboards and skates, including but not limited to roller skates, in-line skates and/
or roller blades, shall be allowed within any skate park. Persons without skateboards or skates are not
allowed within skate parks.

2. Persons using bicycles or scooters are not allowed within any skate park.

3. All persons using skate parks shall wear a helmet, elbow pads and kneepads, suitable to provide
protection in the event of falls or collisions. Such safety equipment must be worn at all times.

4. Additional obstacles or other materials, including but not limited to ramps and jumps, are prohibited
within skate parks.

5. Glass products are prohibited within skate parks.

6. Earphones or headsets are prohibited while skating or otherwise using a skate park.

B. Skate parks shall be open only from 6:30 a.m. until 9:30 p.m., provided that if a skate park does not have adequate lighting for after-dark operation, as determined by the City Manager or designee, it shall close no later than one-half (1/2) hour before sunset. No person shall be allowed within a skate park outside of these hours.

C. The City Manager, or designee, may close any skate park whenever the City Manager, or said designee, determines that such a closure is necessary, or may promulgate other rules as necessary, for the protection of public property or public safety.

D. No skating contests or events of any kind are permitted within skate parks without the prior written approval of the City Manager or designee.

E. Amplified sounds are not permitted in skate parks.

F. Graffiti of any form within, on, or around any skate park is prohibited.

G. All injuries must be reported to the City Manager’s office.

H. For purposes of this ordinance, a skate park is a public recreational facility that is designed and built specifically to provide skating opportunities to persons using either a skateboard or skates. A skateboard is a flat platform, two to three feet in length, with no handholds, attached to four wheels for riding on while standing or crouching. Skates are defined as a boot or shoe having wheels either attached in-line at the center of the boot or having two wheels attached at the toe and two wheels attached at the heel.

I. Any person who violates this section shall, in addition to any other criminal or civil penalties provided by this Code, be subject to removal from all skate parks operated by the City of Berkeley for up to twenty-four (24) hours, upon the order of any authorized employee or officer of the City. (Ord. 6592-NS 2, 2000)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 6577-NS § 2, 2000; Ord. 5591-NS § 1 (part), 1984; Ord. 4716-NS § 9, 1974)