Biggs Municipal Code Art. I General Provisions

The rules and regulations set forth in this chapter shall govern all persons using the parks and playgrounds owned, operated and maintained by the city, and shall apply to all areas of such park and playgrounds, unless otherwise specifically provided for herein.

(Ord. 363 § 3, 2006)

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter.

(1) Alcoholic Beverages. For the purposes of this chapter, the term "alcoholic beverages" shall include alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, liquor, wine or beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

(2) Park. Those parks operated or maintained by the city. The term "park" shall include the term "playground."

(3)

"Smoking"

means engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette of any kind, operating an "electronic smoking device," or operating an "electronic cigarette" or "e-cigarette."

(4)

"Electronic smoking device"

means any electronic or battery-operated device that delivers vapors for inhalation. This term includes every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. Electronic smoking device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment or prevention of disease.

(5)

"Electronic cigarette" or "e-cigarette"

means the following: any device that can provide an inhalable dose of nicotine by delivering a vaporized solution, as defined in California Health and Safety Code Section 119405(b), as that section may be amended from time to time.

(Ord. 363 § 3, 2006; Ord. 406 § 2, 2016)

The following constitute the city's parks:

(1) Family Park;

(2) Rio Bonito Park;

(3) Downtown Park;

(4) Such other parks as may be established and operated by the city in the future.

(Ord. 363 § 3, 2006; Ord. 406 § 3, 2016)

The provisions of this chapter shall not apply to or restrict any officer, employee or agent of the city or that of any other governmental agency while acting in the performance of any lawful duty imposed upon such officer, employee or agent by any lawful authority.

(Ord. 363 § 3, 2006)

The city administrator or such other officer, employee or agent of the city as he or she may designate shall be responsible for the administration and enforcement of these rules and regulations.

(Ord. 363 § 3, 2006)

Persons aggrieved by a determination of the city administrator with respect to the administration and enforcement of these rules and regulations may appeal to the city council. Following hearing and consideration, the decision of the council upon the appeal shall be final.

(Ord. 363 § 3, 2006)

No person shall resist, delay or obstruct a police officer or other officer, employee or agent of the city charged with the enforcement of these rules and regulations in the discharge or attempt to discharge any duty of their office or when they are acting within the scope of their employment.

(Ord. 363 § 3, 2006)

City parks are hereby declared to be drug-free zones pursuant to the California Health and Safety Code which sets forth enhanced penalties for specified offenses involving the possession or sale of controlled substances which occur upon the grounds of city parks.

(Ord. 363 § 3, 2006)

No persons shall operate vehicles of any kind or character in city parks. The following vehicles are exempted from this prohibition:

(1) City vehicles operating in the performance of park maintenance or other city functions.

(2) Vehicles delivering merchandise, supplies and equipment to an event occurring in a park.

(Ord. 363 § 3, 2006)

(1) City parks shall be open daily at 7:30 a.m. and shall close at 10:00 p.m.

(2) Parks may remain open past the above closing time until the conclusion of the event in connection with public or athletic events approved in writing in advance by the city administrator or his or her designee.

(Ord. 363 § 3, 2006)

A violation of the rules and regulations of this chapter shall constitute an infraction punishable by a fine. The fine(s) shall be established by resolution adopted by resolution of the city council and shall be available for review in the city clerk's office.

(Ord. 363 § 3, 2006; Ord. 406 § 4, 2016)