Chapter 13.04 — PARK REGULATIONS

As used in this chapter, the following terms shall have the following meaning, unless the context clearly indicates a different intent:

"Electric personal assistive mobility devices" means a self-balancing, nontandem two-wheeled device that can turn in place, designed to transport only one person, with an electric propulsion system, including but not limited to devices falling within the definition of California Vehicle Code Section 313.

"Park" means any land held by a public entity, which is open to the public for recreational activities. This definition expressly includes the Campbell Community Center, the Campbell portion of the Los Gatos Creek Trail, as well as other parks and civic grounds within the city limits.

(Ord. 2080 § 1, 2007: Ord. 1960 § 1, 1998: Ord. 1736 § 1, 1989).

The hunting, injuring, frightening, capturing or in any way harassing of the wildlife in city or county parks is prohibited.

(Prior code § 7212).

Within the limits of any city or county park, it is unlawful to:

(1)

Fight, or challenge another person to fight;

(2)

Maliciously and wilfully disturb another person by loud and unreasonable noise; or

(3)

Use offensive words which are inherently likely to provoke an immediate violent reaction. Violation of this section is a misdemeanor, punishable pursuant to Section 1.04.010 of this code.

(Ord. 1693 § 8(A), 1988).

It is unlawful to pick flowers, foliage, berries or fruit or cut, break, dig up or in any way mutilate or injure any tree, shrub, plant, fern or turf areas in the city or county park. Also, it is unlawful to practice with golf clubs or equipment in any city park.

(Ord. 951 (part), 1974: prior code § 7214).

It is unlawful to gather firewood in city or county parks or to collect any other type of plant material for the purpose of building a campfire.

(Prior code § 7215).

No person shall cut, carve, paint, mark, paste or fasten any bill or advertisement on any tree, fence, wall, building or any other structure within any city or county park; nor shall any person damage in any way or cause disfigurement of any park feature or facility. Violation of this section is a misdemeanor, punishable pursuant to Section 1.04.010 of this code.

(Ord. 1693 § 8(B), 1988; prior code § 7216).

No fire shall be built, lighted or maintained within any city or county park area except in a camp stove or barbecue provided in areas designated for such purposes, provided that oil or gas camp stoves may be used for cooking in designated areas. Usage of fireworks in any city park other than as a part of a city- sponsored public display is prohibited. Model rocket launches are allowed in John D. Morgan Park and the Campbell Community Center. Permits are required to launch model rockets. Permits may be obtained from the Santa Clara County fire department from the deputy fire marshal. Criteria for obtaining a permit are: (1) limited to A and B sized rocket engines, (2) launch sites and conditions shall adhere to the National Fire Protection Association Standard #1122 "Code for Model Rocketry", (3) provide a 2A 10BC rated fire extinguisher for launch site.

(Ord. 1971 § 1, 1998: Ord. 1960 § 2, 1998: Ord. 951 (part), 1974: prior code § 7217).

No person shall have in a city or county park firearms, air guns, bow and arrows in his or her possession. Violation of this section is a misdemeanor, punishable pursuant to Section 1.04.010 of this code.

(Ord. 1960 § 3, 1998: Ord. 1693 § 8(C), 1988; prior code § 7218).

Within the limits of any city park and the Campbell portion of the Los Gatos Creek Trail, no person shall ride any horse or other animal or drive any motorized vehicle, cycle, electric personal assistive mobility devices or automobile other than maintenance or emergency vehicles except on roads and trails specifically designated for such purposes by resolution of the city council. No person shall ride a bicycle, skate or skateboard on any trail or pathway within the limits of Edith Morley Park or around the perimeter of the adjacent Santa Clara Valley Water District ponds.

Any person with a disability, as that term is defined in the California Unruh Civil Rights Act, shall not be subject to the restrictions on the use of an electric personal assistive mobility device (EPAMD) as provided for in this section.

(Ord. 2080 § 2, 2007: Ord. 1982 § 1, 1999: Ord. 1960 § 4, 1998: Ord. 951 (part), 1974: prior code § 7219).

No vehicle shall be driven in any city or county park at a speed greater than is reasonable or prudent, having due regard for the traffic on and the surface and width of the roadway, and in no case shall a vehicle be driven at a speed in excess of twenty miles per hour on a park road, except a vehicle shall not be driven at a speed in excess of fifteen miles per hour on Los Gatos Creek Trail.

(Ord. 1885 § 1, 1993: prior code § 7220).

The bringing of animals into any city park is prohibited,except that dogs are permitted under the following conditions:

(a)

the dog owner/guardian or person with a right to control a dog keeps direct physical restraint by means of a leash not to exceed six feet in length;

(b)

a person shall remove waste left by an animal under the person's care and control and shall dispose of the waste only in an appropriate waste receptacle;

(c)

a person who brings a dog into a park may not permit the animal to remain unattended or create a disturbance or hazard;

(d)

a person may not permit a dog under the person's control to be in the following recreational areas: designated swim areas, designated water play areas; skate park; hardcourts; playgrounds or play structures for children;

(e)

a person may not bring any animal to the City's Community Garden;

(f)

a person may not bring any animal to City special events;

(g)

this section is not applicable to service animals while such animals are performing their services for which they were trained to the extent that deviation from this section is necessary for the animal to perform its services.

(Ord. 1992 § 1, 2000: Ord. 1982 § 2, 1999: Ord. 1960 § 5, 1998: Ord. 951 (part), 1974: prior code § 7221).

(Ord. No. 2227, § 1, 11-21-2017; Ord. No. 2238, § 1, 12-4-2018)

No wastepaper, bottles, cans or other rubbish or litter shall be left in any city or county park except in a receptacle designated for such purpose. Use of rubbish receptacles shall be for rubbish arising out of park usage only.

(Ord. 1960 § 6, 1998: prior code § 7222).

No vehicle shall be parked in a city or county park except in areas designated for such purposes. No person shall park a motor vehicle or remain in a motor vehicle overnight or beyond designated open hours.

(Ord. 951 (part), 1974: prior code § 7223).

No person shall enter or remain in any city or county park one-half hour after sunset until sunrise the following day, except for (a) a special event sanctioned by the city and approved by the recreation and community services director, (b) the purpose of accessing the Los Gatos Creek Trail, or (c) Campbell Park during designated hours of operation as approved by the director of recreation and community services, with the concurrence of the police chief and the director of public works as necessary to allow reasonable access to the park by members of the public while preserving the public health, safety and welfare.

(Ord. 1982 § 3, 1999: Ord. 1960 § 7, 1998: Ord. 1938 § 1, 1996: Ord. 1619 § 1 (part), 1986: Ord. 951 (part), 1974: prior code § 7224).

No person shall vend any merchandise or services within a city or county park unless he or she possesses a concession agreement approved by the city council and/or the board of supervisors.

(Ord. 1960 § 8, 1998: prior code § 7225).

No person shall set up campsites with camping equipment or camp in any City park, except for events sponsored by the Recreation and Community Services Department pursuant to subsection (a) of Campbell Municipal Code section 6.40.020.

(Ord. 1619 § 1(part), 1986: Ord. 951 (part), 1974).

(Ord. No. 2251, § 2, 10-15-2019)

(a)

Except as otherwise provided in this section, no alcoholic beverages are allowed in any park in the city of Campbell.

(b)

Notwithstanding any contrary provisions of this code, beer and wine may be consumed at the following times and parks, with a permit obtained from the recreation and community services department pursuant to the terms of this section as detailed in the Picnic Reservation Policy approved by the City Council;

(1)

John D. Morgan Park during regular open hours at reservable Group Picnic areas designated by the Director of Recreation and Community Services; and

(2)

Edith Morley Park during regular open hours at reservable Group Picnic areas designated by the Director of Recreation and Community Services.

(c)

The recreation and community services department shall issue a permit for the consumption of beer and wine if the department finds that all of the following criteria will be satisfied:

(1)

The beer and wine will be under the control and supervision of a responsible adult;

(2)

Adequate precautions are in place to prevent consumption of the beer and wine by minors;

(3)

The applicant has made adequate provision for cleanup of any debris or refuse associated with the service or consumption of the beer and wine;

(4)

The number of persons consuming the beer and wine will not exceed the capacity of the reservable picnic area;

(5)

The consumption of beer and wine will not unreasonably interfere with surrounding residences, businesses or other park users;

(6)

The applicant has paid all applicable administrative fees as established by resolution of the city council.

(d)

The failure to comply with the criteria for approval of a beer and wine permit, or to comply with any conditions on the exercise of the permit shall be punishable as a misdemeanor.

(e)

Notwithstanding any contrary provisions of this code, beer and wine may be consumed at City sponsored events under the supervision of the recreation and community services department.

(Ord. 1938 § 2, 1996: Ord. 1619 § 1(part), 1986: Ord. 1571, 1985; Ord. 951 (part), 1974).

(Ord. No. 2249, § 1, 7-18-2019)

(a)

Definitions. "Skate park facility" means the fence and the entire fenced-in area surrounding and including the skate park amenities located at the Campbell Community Center.

(b)

Regulations Governing Use. The following regulations shall apply within the skate park facility:

(1)

No one shall ride a skateboard or engage in any other skating activity in the skate park facility unless they wear proper safety equipment, including a helmet, elbow pads, and knee pads;

(2)

A sign shall be posted at the skate park facility affording reasonable notice of the restrictions set forth in subsection (B)(1) of this section and that anyone who violates these restrictions shall be subject to citation; and

(3)

In addition to the regulations set forth in subsection (B)(1) of this section, the recreation and community services director may establish other reasonable rules and regulations to protect the skate park facility and the persons using it from injury or damage.

(Ord. 2084 § 1, 2007).

Morgan Park and Campbell Park.

Non-reservable or "first-come, first-serve" picnic areas at Jack Fischer Park, Campbell Community Center, Edith Morley Park, and Stojanovich Family Park are subject to the following rules:

(a)

No barbecues or outdoor cooking;

(b)

No portable tables, canopies, tents or outside furniture (single lawn chairs and small shade umbrellas are permitted);

(c)

No roping off areas to reserve for private use (no cones, tape, flags, etc.);

(d)

No amplified music or loudspeakers;

(e)

No inflatable jumpers, bounce-abouts or other small devices;

(f)

No portable generators; and

(g)

No alcohol.

(Ord. No. 2249, § 2, 7-18-2019)

Editor's note— Ord. No. 2249, § 2, adopted July 18, 2019, amended § 13.04.163 in its entirety to read as herein set out. Former § 13.04.163 pertained to neighborhood park special use policies and derived from Ord. 1960, § 9, adopted in 1998.

Non-reservable or "first-come, first-serve" picnic areas at John D. Morgan Park and Campbell Park are subject to the following rules:

(1)

No portable tables, canopies, tents, tarps or outside furniture (single lawn chairs and small shade umbrellas are permitted);

(2)

No roping off areas to reserve for private use (no cones, tape, flags, etc.);

(3)

No amplified music or loudspeakers;

(4)

No inflatable jumpers, bounce-abouts or other small devices;

(5)

No portable generators;

(6)

No alcohol; and

(7)

All barbecuing must be conducted on barbecue grills installed by the City next to the picnic tables; no additional barbecues can be brought into these areas.

(Ord. No. 2249, § 3, 7-18-2019)

(a)

The Director of Recreation and Community Services may designate certain areas of John D. Morgan Park and Edith Morely Park that can be reserved for Group Picnics.

(b)

Group Picnic areas at John D. Morgan Park and Edith Morley Park must be reserved through a permit issued by the recreation and community services department as detailed in the Picnic Reservation Policy adopted by the City Council.

(c)

The following rules apply to picnics conducted in the reserved Group Picnic areas:

(1)

There shall be no additional barbecues, tables, chairs or other equipment that the Director of Recreation and Community Services, or his/her designee determines would be disruptive to the normal and customary use of the park;

(2)

No amplified music or loudspeakers;

(3)

One canopy (no larger than ten-foot by ten-foot) is permitted per picnic site;

(4)

On-site caterers must be approved by the Recreation and Community Services Director or designee;

(5)

Bounce houses occupying no more than twenty feet by twenty feet in area are allowed with a Group Picnic reservation from only companies who have insurance on file with the City; and

(6)

Beer and wine are allowed only with a completed Group Picnic reservation in the designated Group Picnic area pursuant to the criteria in Section 13.04.160.

(Ord. No. 2249, § 4, 7-18-2019)

(a)

Waivers.

(1)

Anyone requesting a waiver to city policies and procedures relating to park use must submit a request, in writing, stating the nature of the requested waiver to the recreation and community services director at least thirty calendar days prior to the desired date for use of the park.

(2)

The recreation and community services director shall schedule the request for waiver for a hearing before the parks and recreation commission at the next regularly scheduled commission meeting scheduled no sooner than seven calendar days after receipt of the request.

(3)

The recreation and community services director shall cause notice of the date and time of the hearing to be mailed to the party requesting the waiver by first class United States mail at least five calendar days before the hearing date.

(4)

At the hearing on the request, the commission shall hear all relevant information regarding the request.

(5)

The commission shall approve the request if it finds all of the following circumstances:

(A)

Granting the request will not result in a significant disruption to other users of the park, or the neighboring properties;

(B)

Granting the request will not unduly impact city resources;

(C)

Granting the request is not reasonably likely to result in damage to public or private property, or injury to persons; and

(D)

Granting the request will not result in a public nuisance.

(6)

The decision of the commission may be appealed to the city council as set forth in subsection (b) of this section.

(b)

Appeals of Staff or Commission Actions.

(1)

Anyone affected by an action of the city staff or parks and recreation commission made pursuant to this chapter or any policies relating to park use may appeal that action to the city council as provided in this subsection.

(2)

All requests for appeals must be made in writing and submitted to the recreation and community services director within ten calendar days of the action being appealed.

(3)

The recreation and community services director shall schedule a hearing before the city council at the next available city council meeting scheduled no sooner than seven calendar days after the receipt of the request for appeal and no later than sixty days after the appealed action.

(4)

The recreation and community services director shall cause notice of the date and time of the hearing to be mailed to the appellant by first class United States mail at least five calendar days prior to the date set for hearing.

(5)

At the hearing, the city council shall hear all relevant information regarding the appeal, and render a decision based on the same criteria as applicable to the action made by city staff or the parks and recreation commission.

(6)

The decision of the city council shall be final.

(Ord. 1960 § 10, 1998).

(a)

It is unlawful for any person, firm or corporation to violate any provision, or fail to comply with any mandatory requirement of this chapter. Except as otherwise provided in subsection (b) of this section, any entity violating any provision, or failing to comply with any mandatory requirement of this chapter is guilty of an infraction, and upon conviction shall be punished by a fine of not more than one hundred dollars.

(b)

Notwithstanding any provision to the contrary, any person, firm or corporation committing any act made unlawful pursuant to subsection (a) of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars and/or imprisonment of not more than six months, if any of the following circumstances exists:

(1)

The violation was committed wilfully or with knowledge of its illegality;

(2)

The violator does not cease or otherwise abate the violation after receiving notice of such violation;

(3)

The violator has previously been convicted of violating the same provision of this chapter within two years of the currently charged violation; or

(4)

The provision violated specifies that such violation shall be a misdemeanor.

(c)

Each person, firm or corporation violating any provision, or failing to comply with the mandatory requirements of this chapter shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided in this section.

(Ord. 1693 § 8(D), 1988).