Ceres Municipal Code Ch. 16 Parks, Public Property, and Public Facilities

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

Amplified sound, sound systems, or equipment means any electrical or battery-operated machine or device for the amplification of the human voice, music or any other sound. This definition shall not include standard battery-operated radios, stereos, tape players, or compact disc players, when such equipment is used and operated at a volume level which does not disturb the peaceful and quiet enjoyment of other persons in public parks or of persons residing in residential areas adjacent to the public parks. This definition shall likewise not include a public address system so long as its use is limited to the making of speeches or announcements, and is not used for the purpose of amplifying music or other sounds.

Director means the Recreation Manager.

Picnicker means a person on an outing or excursion with food usually provided by such person and eaten in the open.

Public facilities means all buildings, structures or improvements owned, maintained, leased or controlled by the City, and designated by the City for use by the public for recreational, social or public service activities.

Public parks means those real properties, together with all improvements located thereon, which are owned and maintained by the City for use by the public as a park.

Public property means all real property owned, maintained, leased or controlled by the City, specifically including, but without limitation, all public streets, sidewalks and rights-of-way.

Retention pond means an artificially formed structure designed to hold water permanently with the capacity to accommodate a limited amount of storm water runoff. Retention ponds are reservoirs of natural water designed to enhance aesthetic elements of large scale residential, commercial, and industrial developments.

Special community events or activities mean those events or activities which are intended for the benefit of, and may be attended by, the public at large; or, those events or activities which are intended for the benefit of, and will be attended primarily by the membership of, a community-based social, ethnic, or religious organization, which group or organization has been in existence within the City for at least six months prior to making its application for a permit.

Vehicle means a wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled, including any trailer in tow of any size, kind or description, except baby carriages, wheelchairs, and vehicles in the service of the City.

(Ord. No. 2020-1056, § 1, 2-24-2020; Ord. No. 2023-1074, § 1, 4-10-2023)

The purpose of this chapter is to regulate the use by the public of the City's public parks, property and facilities in order to maximize the enjoyment and use of such parks, property and facilities; minimize the disturbance or interference with the use of surrounding properties and the use of the parks, property or facilities by other members of the public; and, generally protect and safeguard the public's interest in such parks, property and facilities.

(Ord. No. 2020-1056, § 1, 2-24-2020)

No person shall use, enter, be or remain in any "public park," "public property" or "public facility" as defined in this chapter, unless they comply with all the applicable regulations set forth in this chapter and such administrative rules and regulations as may be established by resolution of the City Council as provided herein.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. Each person or organization shall secure from the City a permit for use of any public park, public property or public facility where such use involves any of the following uses or activities:

1. persons or groups proposing to erect or maintain a display/sales table, booth or similar structure, in or upon any park, public property or other public facility;

2. persons or groups desiring to reserve a facility or park area for a limited time for their exclusive use;

3. Any person(s) or group desiring to hold a contest, demonstration or exhibit in a park or public facility for which fees will be charged;

4. Overnight camping by youth organizations. Overnight camping by youth organizations for persons 15 years of age and under shall be limited to no more than two consecutive nights. Such youth organizations shall be accompanied by their chaperones. Camping for more than two consecutive nights must be approved by the City Council;

5. The offering of any article of food or drink for sale; or the stationing or placing of any stand, cart or vehicle for the transportation, sale or display of any such article of food or drink in the park or on public property adjacent to such park;

6. The construction or erection of any building or structure of whatever kind, whether permanent or temporary in character, or the running or stringing on any private or public service utility into, upon or across such land;

7. The restriction of a portion of any public street and/or sidewalk for exclusive uses such as block parties, fun runs, parades and specific festivals.

B. Applications for such permits shall be submitted upon forms provided by the Recreation Manager and shall be accompanied by such fee as may from time to time be set by resolution of the City Council.

1. The Recreation Manager or designee shall grant or conditionally approve such application, if the Director determines that the application is consistent with the purposes of this chapter as set forth in section 9.16.020. If such finding cannot be made, the application for permit shall be denied.

2. The applicant for a permit, or any interested party, may appeal the decision of the Recreation Manger. The term "interested party" shall mean any person whose interest in the matter is adversely affected by the decision of the Recreation Manager. All requests for appeal shall be made in writing and served upon the City Clerk.

The person appealing the decision of the Recreation Manager may appeal directly to the City Council, in which event the appeal shall be scheduled for the next regular Council meeting which is at least seven days from receipt of the written request for appeal. In the alternative, the person appealing may elect to appeal first to the City Manager, in which event the appeal hearing will be held before the City Manager, or his designee, within ten days of receipt of the written request for appeal. Decisions of the City Manager, or his designee, may be appealed to the City Council. Fees and other administrative rules and regulations regarding such appeals shall be established by resolution of the City Council.

C. It is unlawful for any person to conduct any use or activity for which a permit is required as provided in this chapter without first obtaining such permit.

D. Any permit issued pursuant to this section shall be revoked upon a finding by the Recreation Manager or the manager's designee that the person or organization has failed to comply with any conditions of approval imposed upon the permit issued as provided herein.

(Ord. No. 2020-1056, § 1, 2-24-2020)

In addition to the rules, regulations and restrictions set forth in this chapter, the City Council may, from time to time, pass appropriate resolutions to establish administrative rules and regulations as may be deemed necessary to regulate the use of "public parks," "public property" and "public facilities" as defined herein.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. The Recreation Manager or designee shall have the authority to regulate the activities in park areas, when necessary, to prevent congestion and to secure the maximum use of the park facilities for the comfort and convenience of all, and may limit the length of time such facilities, including picnic facilities, are used to avoid crowding. Visitors shall comply with any directions given to achieve this end.

B. Individual fireplaces or tables and benches shall be used on the basis of "first come, first serve" except in areas designated by "reservation only."

(Ord. No. 2020-1056, § 1, 2-24-2020)

Any part of a park may be declared closed to the public for all or specified purposes by the Recreation Manager or the Public Works Director at any time and for any interval of time, either temporarily or at regular intervals.

(Ord. No. 2020-1056, § 1, 2-24-2020)

No person shall do any of the following acts within a City park:

A. Fail to obey all properly posted signs regulating park use;

B. Picnic or lunch in a place reserved by others;

C. Bring into any park any material which, if spilled, spread, sprayed or used for marking, will be injurious to humans, turf, plant growth or facilities;

D. Pick the flowers or seeds of any tree or plant;

E. Attach any rope, wire or other contrivance to any tree or plant;

F. Dig in or otherwise disturb any park area or in any way injure or impair the natural beauty or usefulness of any area;

G. Climb any tree, or walk, stand or sit upon any monument base, fountain, railing, fence or upon any other property not designated, constructed or customarily used for such purposes;

H. Remove or have in his possession any wild animal, bird, or fowl, or the eggs, nest or young of any reptile, wild animal or bird;

I. Except in any dog park, no person having the control or care of any dog shall permit such dog to enter or remain in a park, unless it is led by a leash of suitable strength no more than six feet in length. The person owning, controlling or having custody of such dog shall be jointly and severally responsible for all damages caused by such dog. Such person who has control of a dog or dogs shall be responsible for the pickup and proper disposal of the dog excrement;

J. Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior permission shall be obtained therefor from the Recreation Manager, or leave a fire started by such person, or at such person's direction, or used by such person until such fire is completely extinguished;

K. Play or practice golf or use golf clubs and golf balls in any area of the parks;

L. Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can, refuse or trash, except in the receptacles provided for such materials. Where such receptacles are not provided, all such material shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.

M. Maintain, use, or consume within a City public park any beverage which is commercially packaged or contained within a glass container. For the purpose of this subsection, glass baby bottles being used for the purpose of feeding infant children shall not be deemed a violation of this subsection.

N. Use skateboards, in-line skates, roller skates, scooters or bicycles within tennis courts, basketball courts, parking areas, covered picnic areas, or baseball complex.

O. Fail to obey the lawful order of any peace officer or City employee authorized to enforce the rules and regulations as set forth herein.

P. Fail to obey all traffic regulations concerning the use of vehicles or caution, stopping, parking and all other signs posted for control or to safeguard life and property.

Q. Park a vehicle in other than an established or designated parking area or use a parking area in a manner not in accordance with the posted directions or the instructions of a designated City representative or peace officer who may be present.

R. Ride any other person on a bicycle, except where the bicycle is built for operation by more than one person.

S. No person in a park or on public or private property adjacent to a park shall produce or allow to be produced any loud noise from a radio, stereo, tape deck or other means which noise disturbs the peaceful and quiet enjoyment of any person in a public park or in residential areas adjacent to a public park.

T. It shall be unlawful to use tobacco products of any kind, including, but not limited to, chewing tobacco, cigars, cigarettes, e-cigarettes, cannabis, or cannabis products, in or upon any City park, baseball complex, soccer complex or, within 20 feet of exterior to the complex, or to discard lighted or unlighted cigars, cigarettes, cannabis, or cannabis products in said areas. After the posting of signs affording reasonable notice to persons of this restriction, any person violating this provision shall be guilty of an infraction, which shall be punishable by a fine of established by resolution of the City Council.

U. Parks and public areas shall not be used for storage or a dumping location for any personal items, including without limitation, car parts, bicycles parts, bicycles, furniture, appliances, generators, propane tanks, or combustible materials.

(Ord. No. 2020-1056, § 1, 2-24-2020; Ord. No. 2024-1086, § 1, 9-9-2024)

Violation of any provision of section 9.16.080 shall be punishable as an infraction, with fines assessed established by resolution of the City Council.

(Ord. No. 2020-1056, § 1, 2-24-2020)

No person shall do any of the following acts:

A. Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances, gas pipes, hydrants, stopcock, sewer, basin, construction in any park, or other public property. The parents of any minor committing such acts shall be responsible for all such damages caused by their minor children.

B. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark of any tree.

C. Make or cause to be made any duplicate keys to public facilities rented from the City, or to keep City keys.

D. Sell or offer for sale any alcoholic beverage in a public park, upon "public property" or in "public facilities" as defined in this chapter, except for special events or as provided in section 9.07.020 of this title, and except as authorized pursuant to any administrative rules and regulations adopted by the City Council pursuant to section 9.16.050 of this chapter.

E. Where retention ponds, as defined in section 9.16.01 of this chapter, are established in a public park, including the River Bluff Regional Park lower terrace area, fishing or any act in effort to kill, injure, disturb, capture, or catch fish in the retention pond is prohibited and shall be punishable as an infraction, pursuant to subsection 19.02.030(8).

(Ord. No. 2020-1056, § 1, 2-24-2020; Ord. No. 2023-1074, § 2, 4-10-2023; Ord. No. 2024-1086, § 1, 9-9-2024)

A. The use of amplified sound, sound systems, or equipment is permitted in public facilities and upon public property, provided a permit for its use is first obtained in accordance with the provisions of section 9.16.040 of this chapter.

B. The use of amplified sound, sound systems, or equipment is prohibited in all public parks, except as provided in subsection C of this section.

C. The use of amplified sound, sound systems, or equipment may be allowed in public parks for special community-related events or activities, provided a permit for its use is first obtained from the Recreation Manager pursuant to the procedure set forth in subsection 9.16.040.A of this chapter.

1. When issuing any such permit, the Recreation Manager may impose such conditions or restrictions upon the use of amplified sound, sound systems, or equipment as may be necessary to safeguard and protect the quiet enjoyment of other users of the park and of persons residing in residential areas adjacent to the park. Such conditions may include, but are not limited to, any of the following conditions:

a. Restrictions upon the location and directional positioning of the equipment used for amplification.

b. Restrictions upon the time period or periods during which amplification equipment may be used.

c. Restrictions upon the maximum size, and sound level produced by the amplification equipment.

D. It shall be unlawful for any person to fail to properly obtain a permit as required by this section, or to conduct the use authorized by the permit in violation of any term or condition of the permit.

(Ord. No. 2020-1056, § 1, 2-24-2020)