Chapter 9.24 — CITY PARK RULES AND REGULATIONS

The rules and regulations set forth in this chapter shall govern activities within the city park. For purposes of this chapter, the term "city park" means all of the land located on the east side of U.S. Highway 395 within the city which is owned by or leased by the city and which is open to the public for park purposes.

(Code 1985, § 9.24.010; Ord. No. 460, § 1(part), 1991)

Within the city park, no person shall do any of the following specified acts:

A.

Lead or let loose any animal or fowl of any kind in, through, or across the city park. However, dogs on leash may be taken through and across the city park on established roads or pathways to any part of the city park specifically designated as a dog park area for purposes of using such dog park area;

B.

Enter, be or remain in the city park while in the possession of or while consuming any alcoholic beverage;

C.

Be in the city park between the hours of 10:00 p.m. and 6:00 a.m. of the following day without a special permit issued by the city;

D.

Light or maintain any fire except in a stove, fire circle or other place provided for that purpose;

E.

Participate in golf, archery or model airplane flying in the city park except in areas specifically designated for such purpose;

F.

Drive any vehicle other than on roads, trails, or driveways provided for that purpose;

G.

Misuse, destroy or mutilate any park property of the city located in the city park;

H.

Molest, injure or kill any bird or mammal, or disturb its habitat in the city park;

I.

Swim or enter onto the ice within the city park pond;

J.

Fish within the city park pond or creek.

(Code 1985, § 9.24.020; Ord. No. 460, § 1A, 1991; Ord. No. 533, § 1, 12-13-2010; Ord. No. 541, § 1, 10-222012; Ord. No. 593, § 2, 11-25-2024)

The provisions of sections 9.24.010 and 9.24.020 shall neither prohibit persons from engaging in authorized recreational activities conducted or scheduled by the city, nor prohibit persons from traveling through the park on established roadways or pathways.

(Code 1985, § 9.24.030; Ord. No. 460, § 1B, 1991; Ord. No. 533, § 1, 12-13-2010)

Any person found guilty of a violation of the provisions of this chapter shall pay a fine of up to $500.00 and may be denied future use of the city park for a period of up to one year after conviction.

(Code 1985, § 9.24.040; Ord. No. 460, § 3, 1991)

The community services director, or the director's authorized representative, is granted authority to eject from and deny future access to the city park to any person the director reasonably believes has violated any provision of this chapter until a final determination is made respecting such alleged violation.

(Code 1985, § 9.24.050; Ord. No. 460, § 4, 1991)

A.

Findings. The city finds that disorderly conduct in the city parks or recreation areas that is dangerous, harmful, offensive, disruptive, or that is a public nuisance or which obstructs or interferes with the enjoyment of the park and negatively impacts the community should be prevented through the suspension of an offending party's right to use the city's parks and recreation areas for limited amounts of time up to one year.

B.

This chapter shall apply to the following city parks or recreation areas:

1.

Bishop City Park.

Talmage Park.

3.

Holland Park.

C.

The city administrator or the administrator's designee is hereby authorized to suspend an individual who commits one or more of the following offenses from utilizing the city's parks and recreational areas for a period of up to 12 months:

1.

Possession of illegal drugs or drug paraphernalia in a city park or recreation area;

2.

Possession of an illegal weapon (as defined by the state Penal Code) in a city park or recreation area;

3.

Commission or solicitation of an act of criminal assault or battery (as defined by the state Penal Code) on another person inside a city park or recreation area;

4.

Disorderly conduct in a city park or recreation area;

5.

Vandalism of park property and/or destruction of park property;

6.

Intoxication in a city park or recreation area;

7.

Solicitation and/or prostitution in a city park or recreation area;

8.

Crimes of moral turpitude.

a.

The length of suspension shall be as follows:

i.

First violation: One month suspension;

ii.

Second violation: Six month suspension; and

iii.

Third violation: One year suspension.

b.

In order to be defined as a violation other than a first violation, the violation must occur within one year of the date of the first violation.

D.

The city administrator or the administrator's designee shall make the determination to impose a suspension pursuant to this section on the basis of substantial evidence. A record of arrest or citation for any of the above qualifying acts or violations, regardless of whether a conviction has resulted, may be considered substantial evidence sufficient to support a suspension under this section. The city administrator or the administrator's designee shall consider any other relevant evidence available.

E.

In imposing a suspension pursuant to this section, the city administrator or the administrator's designee shall provide a notice of suspension, by serving written notice on the person receiving the suspension. Persons receiving notice of suspension may request an administrative appeal hearing within ten calendar days of receiving the notice of suspension. The suspension shall not be stayed pending the appeal process. Such appeal shall be in writing and shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within 30 days after its receipt by the city, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing, the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of the appeal. The determination of the city council on the appeal shall be final.

F.

Suspended persons may not use or rent from the city any city parks or recreational areas during the term of the suspension.

G.

Persons who return to a city park or recreational areas while in a suspended status, pursuant to subsection B of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.

H.

Violators cited for a violation of this chapter must immediately leave the park or recreation area upon receipt of such citation.

(Code 1985, § 9.24.060; Ord. No. 556, § 1, 9-11-2017)