Chino Hills Municipal Code Ch. 12.40 Park and Recreational Facilities

Footnotes:

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Editor's note— Ord. No. 351, § 1, adopted Feb. 25, 2020, repealed former Ch. 12.40, §§ 12.40.010—12.24.380, in its entirety and enacted new provisions as herein set out. Former Ch. 12.40 pertained to similar subject matter and derived from Ord. No. 91-09, §§ 2, 4, 1991; Ord. No. 92-04, §§ 3—5, 1992; Ord. No. 294, § 4, 12-8-2015; Ord. No. 323, § 3, 3-13-2018.

The following words shall have the meaning indicated when used in these regulations:

"Amplified sound" means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers.

"Council" means the City Council of the City of Chino Hills, or any person authorized by the Council, pursuant to law, to act in its stead.

"Director" means any Director of any Department of the City of Chino Hills.

"General Park Use" means patrons accessing park amenities such as buildings, playgrounds, gazebos, athletic facilities, or passive grass areas that are open to anyone without prior reservation.

"Other Power-Driven Mobility Device" or "OPDMD" means any mobility device powered by batteries, fuel, or other engines whether or not designed primarily for use by individuals with mobility disabilities that is used by individuals with mobility disabilities for the purpose of locomotion. This includes, but is not limited to electric assisted bikes (EABs), motorcycles, golf carts, electronic personal assistance mobility devices (EPAMDs), such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section.

"Park" means any community park, neighborhood park, nature park or special use facility maintained by the City.

1. A "community park" provides a broad range of both passive and active recreational opportunities; its primary purpose is to provide active recreational opportunities for use by a larger segment of the population than neighborhood parks.

2. A "neighborhood park" is intended to serve City residents who live in close proximity to the neighborhood park, however it also contributes to the overall park system available to the entire community. These parks address daily recreation needs of the surrounding neighborhood.

3. A "nature park" is a special recreation park in which native vegetation, natural topography, natural drainage courses, and/or wildlife are key elements.

4. A "special use facility" is a facility that generally possesses a unique character or function focused on a single type of activity. Equestrian centers, trail staging areas, and the Sleepy Hollow Community Building are considered special use facilities.

The term "park" includes the entire area of the park which includes, but is not limited to parking lots, walkways, restrooms, facilities, buildings, gazebos, playgrounds, passive grass areas, arenas, sports fields, courts or rinks, slopes, greenbelts, bio swale, wet or dry creeks, and landscape areas, but does not include City-Owned Open Space or the trails located on City-Owned Open Space regulated by Chapter 12.32 of this Code.

"Reserved use" means patrons accessing park amenities such as buildings, playgrounds, gazebos, athletic facilities, or passive grass areas exclusively, by Facility Use Permit, for one or more occasions.

"Unmanned Aircraft" means an aircraft without a human pilot onboard, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within or on the aircraft.

"Vehicle" means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power, including but not limited to cars, trucks, trailers, recreation vehicles, golf carts, all-terrain vehicles (ATV), off-road motor bicycles, motorized scooters, electric bicycles, or other power-driven mobility devices.

"Vehicular travel" means to move in a given direction or path through a given distance by way of a vehicle.

"Wheelchair" is a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion.

"Wildlife Animals" means undomesticated animals living in the wild including, but not limited to coyotes, raccoons, deer, opossums, feral cats, geese, ducks, foxes, squirrels, snakes, rats, mice, fish, and turtles.

(Ord. No. 351, § 1, 2-25-2020)

Any and all individuals shall be provided equal opportunity for use of any park, recreational facility, and any recreational program or event without regard to sex, race, color, religion, ancestry, national origin, age, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.

(Ord. No. 351, § 1, 2-25-2020)

No person shall enter, be, or remain in any City park unless he or she complies at all times with all of the City regulations applicable to such park and with all other applicable laws, ordinances, rules and regulations.

(Ord. No. 351, § 1, 2-25-2020)

A. Hours of park use shall begin thirty (30) minutes before sunrise and end thirty (30) minutes after sunset, unless otherwise designated in administrative policy on park hours duly adopted by the City Council. No person shall remain in any park between thirty (30) minutes after sunset and thirty (30) minutes before sunrise, unless the duly adopted administrative policy on park hours sets forth different hours for a park, then no one shall remain in any park outside the hours set forth in such policy. This restriction does not apply to City personnel and personnel from organizations in the service of the City such as animal control, law enforcement, or fire personnel in the performance of their duties.

B. Prior to the enforcement of this prohibition in a park, the park hours shall be posted with signs indicating the hours that the park is open for use consistent with the hours set forth in the duly adopted administrative policy for such park.

The City Manager or designee may prohibit persons in certain posted areas in any park or park facility in the interest of public health, safety, comfort, and welfare or the purpose of habitat protection.

(Ord. No. 351, § 1, 2-25-2020)

A. Reserved use of community parks, neighborhood parks, nature parks and special use facilities shall require obtaining an Approved Facility Use Application in a form established by the City. The City Council is authorized to promulgate the policies, administrative regulations, and procedures to implement this section including, but not limited to Athletic Facilities Policy, Gazebo Reservation Policy, and Facility Use Policy.

B. No person shall conduct or participate in any organized event for over 50 persons including, but not limited to, parades, exhibitions, carnivals, weddings or other group gatherings, without first obtaining either a permit as set forth in Section A above or a Special Events Permit pursuant to Chapter 12.36 (Special Events).

The City Manager may submit a schedule of fees and charges to be imposed for the use of any park or park facility for special events, in addition to the Special Events Permit fee, which fees and charges shall be effective upon the adoption thereof by resolution of the City Council. The department responsible for Special Event Permits shall collect fees and charge for the use of park and park facilities.

(Ord. No. 351, § 1, 2-25-2020)

Except as provided above in Section 12.40.050, use of all park and park facilities will be based on a first come, first served basis for General Park Use. No permit or Approved Facility Use Application is required for this purpose.

(Ord. No. 351, § 1, 2-25-2020)

A. Inclement weather is generally defined as weather which, in the judgment of the Community Services Director or designee, is weather that causes the use of the park or park facilities to present a risk of damage to the facilities or injury to the users.

B. The City shall have the authority to deny use of all or any portion of a facility to a user based on inclement weather. The City reserves the exclusive right to determine that a use of City facilities is precluded by inclement weather, and no refund of fees paid shall be made on grounds of inclement weather or field condition unless the City so determines.

(Ord. No. 351, § 1, 2-25-2020)

A. No person other than peace officers acting in their official duties shall discharge firearms in parks or park facilities. No person shall carry firearms in parks or recreation facilities other than peace officers or individuals who are listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Penal Code Section 11106 as the registered owner of the pistol, revolver, rifle, or other firearm capable of being concealed upon the person.

B. No person shall set off firecrackers, rockets, toy rockets, model rockets, torpedoes, or other types of explosives in any park or park facility.

C. No person shall carry or discharge paintball guns, pellet guns, any sling shot or similar device, or any bows and arrows in any park or park facility, or carry or use any other object capable of propelling a projectile in any park or park facility, or carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of any park or park facility, or bring into any park or park facility any of the above objects or articles.

D. Any violation of this code is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.36.010 et seq. of this Code.

(Ord. No. 351, § 1, 2-25-2020)

The provisions of the Deadly Weapons Recodification Act of 2010, Penal Code Section 16000 et seq., apply to all parks and park facilities and shall be enforced and prosecuted in accordance with the provisions of such law.

(Ord. No. 351, § 1, 2-25-2020)

A. Roads for Public Use. The provisions of the California Vehicle Code are applicable in the City parks with respect to any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of such Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof.

B. Surfaces Other than Roads for Public Use. No person shall drive or otherwise operate a vehicle including golf carts, all-terrain vehicles (ATV), off-road motor bicycles, and similar vehicles in a park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the City Manager, Director, or designee, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and except for Wheel Chairs and Other Power Driven Mobility Devices.

C. Vehicles are not permitted in any City park overnight unless authorized by a Director or designee for emergency purposes excepting vehicles in the service of the City such as utility companies, animal control, fire, and law enforcement vehicles.

(Ord. No. 351, § 1, 2-25-2020)

A. Unmanned Aircrafts including, but not limited to drones, model or toy airplanes, helicopters, or similar devices are permitted at all parks with the exception of Community Park, Grand Avenue Park, Veteran's Park, English Springs Park, the Chino Hills Community Center, and the McCoy Recreation and Equestrian Center, except in the service of the City by permission of the Community Services Director or designee. When operating Unmanned Aircraft within parks where Unmanned Aircraft are permitted to take off and land, no person shall takeoff or land an Unmanned Aircraft under the following circumstances:

i. Outside of the person's visual line of sight.

ii. Within twenty-five (25) feet of another individual, except the operator or the operator's designee.

iii. Within five hundred (500) feet of any City-permitted events open to the public.

iv. With any type of weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, attached to it.

v. In a reckless manner so as to create a substantial risk of serious injury to any person or substantial risk of damage to the property of another.

B. Remote controlled electronic vehicles including but not limited to toy or model cars, trucks, watercrafts, and similar toys are permitted at all parks with the exception of Community Park, Grand Avenue Park, Veteran's Park, English Springs Park, the Chino Hills Community Center, and the McCoy Recreation and Equestrian Center. All remote-controlled toys are prohibited at the specific aforementioned parks. Gas powered remote-controlled vehicles are prohibited at all park and park facilities.

(Ord. No. 351, § 1, 2-25-2020)

A. It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.36.010 et seq. of this Code, for any person to damage any park or park facility amenity.

B. No person shall mark, write upon, paint, deface, pluck, pull up, cut, take, or remove any building, tree, shrub, bush, plant, flower, rock, cage, pen, monument, fence, bench, or other structure, apparatus, or property.

C. No person shall build or add features, structures, or buildings without permit approval through the City.

D. Notwithstanding the above, the prohibitions set forth in this section do not apply to City, animal control, fire, and law enforcement personnel in the pursuit of their duties.

(Ord. No. 351, § 1, 2-25-2020)

It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.36.010 of this Code, for any person to cut, dig, or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer, except by City personnel in pursuit of their duties.

(Ord. No. 351, § 1, 2-25-2020)

A. No person shall swim, fish, bathe, wade, release pet animals in, or pollute the water of any fountain, pond, lake, stream, or reservoir except by permission of the City Council. In addition to any federal or state penalty or fine, it is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.36.010 et seq. of this Code, for any person to pollute, discharge, or release pollutants into any water, fountain, pond, lake, stream, or reservoir in any City park.

B. No person shall connect to and retrieve water from any source including, but not limited to drinking fountains, sprinklers, and fire hydrants, animal control, fire, and law enforcement personnel in the pursuit of their duties.

C. Notwithstanding the above, prohibitions set forth in this section do not apply to City, animal control, fire, and law enforcement personnel in the pursuit of their duties.

(Ord. No. 351, § 1, 2-25-2020)

No person shall kindle a fire in any park except in fireplaces provided for that purpose or in barbecues approved by the Community Services Director, except by permission of the Community Services Director or designee.

(Ord. No. 351, § 1, 2-25-2020)

No person shall urinate, defecate, wash dishes, or dispose of items, including but not limited to salt water, biohazardous materials, or other waste liquids, garbage, cans, bottles, papers, or other refuse, in any park or park facility, except that garbage may be disposed of in the waste receptacles provided for that purpose.

(Ord. No. 351, § 1, 2-25-2020)

No person shall possess any glass container in any park.

(Ord. No. 351, § 1, 2-25-2020)

No person shall consume any alcoholic beverage within any park or park facility except by:

A. Permission of the City Council; or

B. If accompanied by a Special Event Permit or Approved Facility Use Application that specifically permits alcoholic beverage use; or

C. At City-sponsored or co-sponsored events by authorization of the City Manager or designee.

(Ord. No. 351, § 1, 2-25-2020)

No person shall smoke (as that term is defined in Section 12.32.010 of this Code) tobacco, electronic smoking devices (as that term is defined in Section 12.32.010 of this Code), cigarettes, pipes, or cigars in any City park or recreation facility except that tobacco products may be smoked in outside areas designated by the City Manager for and during certain special events. This prohibition encompasses the entire campus of City park and park facilities including, but not limited to, outdoor and indoor areas, playgrounds, gazebos, parking lots, walkways, and easements.

(Ord. No. 351, § 1, 2-25-2020)

The provisions of the California Uniform Controlled Substances Act are applicable in City parks and shall be enforced and prosecuted in accordance with the provisions of such Act.

(Ord. No. 351, § 1, 2-25-2020)

A. No person shall cause, permit, or allow any animal owned or possessed by him or her, or any animal in his or her care, custody, or control to be present in any park except:

1. Equine animals being led or ridden under reasonable control upon any bridle path or trail provided for equine purposes;

2. Equine or other animals which are hitched or fastened at a place expressly designated for such purpose;

3. Dogs or cats when led by a cord or chain not more than six (6) feet long, or when confined within the interior of a vehicle;

4. Service animals including, but not limited to, specially trained animals that meet the following requirements:

i. Used by blind or disabled persons to aid and guide them;

ii. Led by a cord or chain not more than six (6) feet long unless the cord or chain would interfere with the service animal's work or the individual's disability prevents using these devices;

5. Small pets weighing five (5) lbs. or less, which are kept on the person of the possessor at all times;

6. Dogs confined in off-leash dog areas, as set forth in Section 6.08.130 of this Code;

7. In connection with activities authorized in writing by the Community Services Director or designee;

8. Fowls or animals turned loose at the direction of the City Manager or designee.

B. The City Manager may prohibit animals in certain posted areas in parks and park facilities in the interest of public health, safety, comfort, and welfare, or the purpose of habitat protection.

(Ord. No. 351, § 1, 2-25-2020)

It is unlawful and a misdemeanor for any person to hunt, feed, harass, harm, frighten, kill, trap, chase, tease, shoot or throw devices at any animal or bird in any park, nor shall any person remove or have in their possession any wild animals, or the eggs or nest or young of any animal or bird in any park. This section shall not apply to City, law enforcement, fire district or animal control personnel in their official duties.

(Ord. No. 351, § 1, 2-25-2020)

It shall be the mandatory duty of all persons owning, possessing, in control of or otherwise responsible for a dog, cat, or an equine animal in any park or park facility to promptly collect, pick up, and remove all fecal matter left behind by the animal in or upon any park space provided, however this subsection shall not apply to guide dogs for blind or disabled persons or to equine animals on a designated trail. Fecal matter may be disposed of in the appropriate waste receptacles provided therefor in the parks.

(Ord. No. 351, § 1, 2-25-2020)

A. Purpose. The Council enacts this section for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by constitutional rights of free speech and assembly, the City must reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from the public nuisance of loud and unnecessary sound.

B. It is unlawful for any person to install, use, and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instructions, directions, talks, addresses, or lectures, or of transmitting music to any persons or groups of persons in any park, or in the vicinity of such park, except when installed, used, or operated in compliance with one of the following provisions:

1. By authorized law enforcement or park and recreation personnel; or

2. Under a reservation or permit issued by the Community Services Director or designee, and when operated in accordance with terms of such reservation or permit.

C. Granting or Denial of Permit.

1. In determining whether to grant or deny a permit, the Community Services Director designee shall be guided by the following considerations:

a. The constitutional free speech and assembly rights of all persons including the applicant.

b. The possible effects upon the peaceable passage or presence of property.

c. The potential for disorder or unlawful injury to persons or property.

d. The potential invasion of other people's right of privacy.

e. The possible unlawful breach or disturbance of the peace.

f. Any actual conflict with other scheduled park uses or events.

2. Community Services Director or designee shall not deny a permit on the basis of any dislike for or disagreement with the content of any proposed talks, addresses, lectures, or musical presentations. The Community Services Director or designee may, however, deny a permit for any such events which are designed for the purpose of advocating imminent lawless conduct.

3. Power Source for Amplifiers. Amplifiers permitted in parks shall be operated only through a power source provided by the City, with a battery, or with a generator as approved by the Community Services Director or designee.

(Ord. No. 351, § 1, 2-25-2020)

No person shall practice, carry on, conduct, or solicit for any occupation, business, or profession in any park. This section shall not apply to any person acting pursuant to a contract with the City, or under a permit granted by the Community Services Director or designee.

(Ord. No. 351, § 1, 2-25-2020)

Except in the service of the City and authorized by a Director or designee, no person shall photograph, videotape, or film for commercial (profit or sale) purposes in any park or park facility without obtaining a City issued film permit.

(Ord. No. 351, § 1, 2-25-2020)

No person shall play or practice the game of golf, including chipping, putting, driving or any other type of play or practice which includes the hitting of a golf or similar type ball with a golf or similar type club in any park, except in areas designated for such golf practice.

(Ord. No. 351, § 1, 2-25-2020)

A. Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter is designated as an infraction unless otherwise specifically made a misdemeanor, and a violation of such infractions is subject to punishment in accordance with Section 1.36.010 et seq. of this Code.

B. Every act prohibited by Section 12.40.080 or 12.40.090 of this Code shall subject the possessor of the prohibited item(s) to confiscation of that/those item(s).

(Ord. No. 351, § 1, 2-25-2020)