Big Bear Lake Municipal Code Ch. 12.90 Parks and Recreation

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. "Beach" shall mean any beach, shore, strand, or area of sand adjacent to Big Bear Lake within the city, and owned or controlled by the city, or any other government entity.

B. "Director" shall mean city manager or his/her designee.

C. "Park" shall mean any park, reservation, picnic-ground, playground, beach, promenade, dog park, recreation center, ice arena, pool, sports field, sports court, sports arena, field, skateboard park, bike park, public trail, open space or any other area owned or controlled by the city, or any other governmental entity, and devoted to active or passive recreation.

D. "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

(Ord. No. 2019-469, § 1, 5-13-2019)

City parks are established for the use and enjoyment of all persons in the pursuit of recreation, whether active or passive. It is the city's responsibility to promote the health, peace, safety, welfare, and convenience of all persons in regard to their use and enjoyment of any city-owned park as defined in Section 12.90.010. The city council finds that to give practical effect to this policy and to ensure that all persons may enjoy such parks, trails, and open spaces, it is necessary to regulate the use of city-owned parks.

(Ord. No. 2019-469, § 1, 5-13-2019)

Peace officers of the state of California, and the director or his/her designee, shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter and shall have the following powers and authorities:

A. The authority to eject from the park any person acting in violation of this chapter.

B. The authority to seize and confiscate any property, thing or device abandoned, left or used unlawfully in the park.

C. The authority to issue citations in accordance with Chapter 1.16 or 1.17.

(Ord. No. 2019-469, § 1, 5-13-2019)

It shall be unlawful and an infraction for any person to do any of the following in a park:

A. Disfigurement and Removal. Willfully destroy, mark, deface, disfigure, injure, tamper with, displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines, natural or manmade landscaping, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, public utilities or parts or appurtenances thereof, play structures and parts thereof, and any other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

B. Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.

C. Removal of Natural Resources. Dig or remove any beach sand, whether submerged or not, soil, rock, stones, trees, shrubs, plants, timber, wood chips, or any other organic materials, or make any excavation by tool, equipment, blasting, or other means unless approved by the director or his/her designee.

D. Erection of Structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special written permit issued hereunder.

E. Injury to and Removal of Plants. Damage, cut, carve, transplant, add, remove or damage any tree or plant. A person shall not attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural or landscaped conditions of any area.

F. Climbing Trees, Etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, fences or upon any other property not designated or customarily used for such purposes.

G. Hitching of Animals. Tie or hitch a dog or other animal to any tree or plant.

H. Animals. Harm, frighten, molest, kill, or trap any animal or animal egg or nest, except as authorized by the director or his/her designee or any other law enforcement official.

I. Feeding Animals. Give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substance, or give or offer, or attempt to give to any non-domesticated mammalian wildlife, including but not limited to bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats, skunks, squirrels or feral cats, any food. This rule shall not apply to the feeding of any non-domesticated mammalian by the owner of such animal when the non-domesticated mammalian is kept under valid certificate or permit issued by the state of California Department of Fish and Wildlife or to any fowl or bird species.

J. Pollution of Waters. 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 any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters.

K. Refuse and Trash. Dump, deposit, or leave any trash or refuse including but not limited to bottles, broken glass, ashes, cigarettes, paper, boxes, cans, dirt, appliances, furniture, organic, and nonorganic materials, or food within parks.

(Ord. No. 2019-469, § 1, 5-13-2019)

A. No person shall park a vehicle or trailer in a park other than in an established or designated area and in accordance with posted parking regulations.

B. No person shall park a vehicle or trailer in a park for the principal purpose of living or sleeping overnight in said vehicle or trailer unless permitted to do so by the director or his or her designee.

(Ord. No. 2019-469, § 1, 5-13-2019)

No person shall drive or operate any motorized vehicle in a park other than on a paved vehicular road or path provided for that purpose.

(Ord. No. 2019-469, § 1, 5-13-2019)

A. No person shall enter, occupy or be present in a park from sundown to sunrise or outside the posted hours unless so authorized by a special event permit.

B. No person shall enter, occupy or be present in any area of the performing arts and civic center property between the hours of seven p.m. to seven a.m. unless a special, permitted event is occurring at the performing arts and civic center property in which case all people must vacate the property sixty (60) minutes after the conclusion of the event when the event concludes between the hours of seven p.m. to seven a.m.

(Ord. No. 2019-469, § 1, 5-13-2019)

It shall be unlawful and an infraction for any person to violate any posted notice or portion thereof posted within a park.

(Ord. No. 2019-469, § 1, 5-13-2019)

A. Vending and Peddling. No person shall be permitted to sell or vend in any park unless that person is selling food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance upon public sidewalk or other pedestrian path in compliance with Chapter 12.64.

B. Advertising. No person shall announce, advertise, or call the public's attention in any way, to any article or service for sale, rent or hire. Such advertising prohibition includes but is not limited to the dissemination and/or posting of handbills, fliers, booklets, signs or other similar media. However, if an individual is sidewalk vending as defined in Section 12.64.010 that individual shall be permitted to announce, advertise, or call the public's attention to articles for sale by that individual. Any advertising used by said individual must be attached to the surface of said individual's pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance. In no instance shall the advertising extend beyond the body or frame of said individual's pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other non-motorized conveyance.

C. Violation. Violation of this section shall result in an administrative fine pursuant to Government Code 51039 in addition to the penalties set forth in Section 12.64.100. For the first offense, a violator shall pay an administrative fine not exceeding one hundred dollars ($100.00). For a second offense within one year of the first violation, a violator shall pay an administrative fine not exceeding two hundred dollars ($200.00). For each additional offense beyond the second violation within one year of the first violation, a violator shall pay an administrative fine not exceeding five hundred dollars ($500.00). In no instance shall any person face any criminal liability for violating this section.

(Ord. No. 2019-469, § 1, 5-13-2019)

No person shall camp in any park. "Camp" shall be given the same definition as in Section 12.80.020.

(Ord. No. 2019-469, § 1, 5-13-2019)

A. It shall be unlawful for any person to cause a malicious or willful disturbance of another person through loud and unreasonable noise while in a park.

B. It shall be unlawful for any person to engage in boisterous, threatening, abusive, insulting or indecent language that a reasonable person would consider inherently likely to result in a violent reaction while in a park.

C. It shall be unlawful for any person to willfully stand, sit, or lie across a path or in front of any ingress or egress of any building in a park in a manner that obstructs a reasonable person from safely traversing said path or safely entering or exiting said building.

D. It shall be unlawful for any person to conduct an organized activity in a non-designated area or to throw or project any object that is capable of causing personal injury or damage to property along or across any property owned by the city.

E. It shall be unlawful for any person to utilize any area or facility that has been designated through a prior reservation.

F. It shall be unlawful for any person to enter, be or remain in or on any park, trail, or any other property owned or governed by the city while in possession of alcoholic beverages, under the influence of alcoholic beverages or while consuming alcoholic beverages. This prohibition shall not apply to the sale and consumption of alcoholic beverages in conjunction with a city approved special event.

G. It shall be unlawful for any person to utilize, operate, or bring any outside entertainment apparatus, including but not limited to bounce houses, slip and slides, blow up pools, slack line equipment, and/or remote controlled vehicles/aircraft (drones), in or on any park, trail or any other property owned or governed by the city without prior approval from the city.

H. It shall be unlawful for any person to smoke any type of substance (legal or illegal) or to possess any narcotics at any time in or on any park, trail, or any other property owned or governed by the city.

I. It shall be unlawful for any person to possess any weapons or firearms including paintball, air soft, BB or pellet guns or wrist rockets at any time in or on any park, trail, or any other property owned or governed by the city. This provision shall not apply to duly sworn law enforcement personnel.

J. It shall be unlawful for any person to play music or produce other amplified or unamplified sound at a level or in a manner that infringes upon passive use of a park, trail, or any other property owned or governed by the city.

K. It shall be unlawful for any person to light or maintain any fire within a park, trail, or any other property owned or governed by the city. This provision shall not apply to the use of portable propane bar-b-ques or stoves when used in accordance with their approved listing requirements.

L. It shall be unlawful for any person to urinate or defecate in any area of a park, trail, or any other property owned or governed by the city besides a permanent or portable restroom facility.

M. It shall be unlawful for any person to park, drive, repair or leave standing any vehicle on any road, path, or other area in or on a park, trail, or any other property owned or governed by the city except for those areas specifically designated for such purposes by the city.

(Ord. No. 2019-469, § 1, 5-13-2019)

No person shall ride a horse in parks except on designated trails. Where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended.

(Ord. No. 2019-469, § 1, 5-13-2019)

No person shall lead or let loose any animal, domestic or non-domestic of any kind in any park, trail or other property owned or governed by the city. Domestic animals (dogs or cats) when led by a leash or chain not more than six feet long and under full control of the owner or custodian are permitted. Owners are responsible for the behavior of their domestic animal, may not leave their domestic animal unattended at any time, must clean up their pet waste and dispose of it in the proper receptacle, and will be held responsible for reparation of damages done by their domestic animal. In parks with dedicated dog park areas, dogs are restricted to those areas.

(Ord. No. 2019-469, § 1, 5-13-2019)

Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the director shall find reasonably necessary.

(Ord. No. 2019-469, § 1, 5-13-2019)

Any person desiring to reserve a portion of any city park for any activity, other than a special event, shall apply for a permit pursuant to Section 17.13.040.

(Ord. No. 2019-469, § 1, 5-13-2019)