Clayton Municipal Code Ch. 11.04 City Parks

A. "Park" shall mean all public open spaces, recreation areas and trails owned and maintained by the City of Clayton, whose primary purpose is recreation either passive or active.

B. "Trail" - A marked or established path or route, paved or unpaved, used for the recreational activities of walking, hiking, bicycling, and horseback riding.

C. "Open Space" shall mean land left basically in its natural, undeveloped state to promote scenic and aesthetic beauty and used for the preservation of natural resources, managed production of resources and outdoor recreation.

D. "Picnic area" shall mean an area within a park which contains one or more picnic table(s) and which is regularly and routinely used chiefly as a place for picnics.

E. "Playing field" shall mean any flat turf or dirt area regularly and routinely used for athletic contests such as, but not limited to, baseball, soccer, football and ultimate Frisbee.

F. "City" means the City of Clayton, California, or the area within the territorial limits of the City of Clayton, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

G. "Darkness" shall mean any time from one-half (½) hour after sunset to one-half (½) hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle within a park or recreation area at a distance of five hundred (500) feet.

H. "Loud and raucous noise" as used herein shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical, or other device to such volume, intensity, or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any park, picnic area, playing field, open space or trail, or surrounding area, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health or safety of other persons within or upon any park, picnic area, playing field, open space or trail, or the surrounding area.

I. "Unreasonable" as used herein shall include but not be limited to, consideration of the hour, place, nature, and circumstances of the emission or transmission of any such loud and raucous noise.

J. "Parking lot" is any off street publicly-owned parking area and any off street privately owned parking area which is held open for public use, within or adjacent to a park.

(Ord. 291, 1991)

A. All parks shall be closed from dusk until dawn the following day.

B. For purposes of security or public safety, the police may exclude members of the public from such areas of the parks where such exclusion is reasonable.

C. The parks or any of them, may be closed to the public on a temporary basis when it is determined by the chief of police or the city manager that such closing is necessary to protect public safety, public property or both.

D. No person shall enter or remain in any park during the hour it is closed.

E. Any person found in any park during the hours it is closed shall be guilty of an infraction.

F. Any person who remains in any closed park or any area closed in a park after being advised that it is closed and who refuses to leave, shall be guilty of a misdemeanor and subject to arrest.

(Ord. 291, 1991)

The city manager or his designee, may determine that certain types of activities or events create a risk of danger to parks, users, park facilities, or surrounding areas. Such person may issue such regulations as are necessary to prohibit such activities or events within parks or to restrict their occurrence to specific locations.

(Ord. 291, 1991)

Whenever any activity is restricted or prohibited in specified areas of any park or whenever the use of specified areas is restricted or prohibited, the City Manager, or his designee, may cause signs to be posted notifying the public of such restrictions or prohibitions. Failure to obey the restrictions stated in any properly posted sign shall be an infraction.

(Ord. 291, 1991)

The designated city official is empowered to adopt other reasonable rules and regulations governing the public use of city park facilities. Such rules may include, but are not limited to: Limitations of the time tennis courts may be used; restrictions on the size of groups requesting the use of facilities; instructions for persons conducting special events; and regulations prohibiting commercial use of the park facilities.

(Ord. 291, 1991)

No one shall operate any sound amplification equipment in any park. For purpose of this section, "sound amplification equipment" does not include portable radios, tape players, and similar devices tuned so that the sound does not carry more than ten (10) feet from the speaker. Events or programs using sound amplification equipment that have an activity permit from the city are exempt from this regulation.

(Ord. 291, 1991)

No one shall organize, host, sponsor or attend any activity in any park at which the number of persons attending exceeds twenty percent (20%) of the park's total capacity, unless a valid permit has been issued for said activity by the City Manager, or his designee.

(Ord. 291, 1991)

A. No person shall kindle or maintain any outdoor fire in any park, except those in picnic stoves provided by the city for that purpose.

B. No person shall ignite any fireworks in any park or have fireworks in his/her possession at any time in any park.

(Ord. 291, 1991)

No person shall openly sleep, camp or lodge in a motor home, camper, vehicle or tent within any park or parking area of any park, unless a special permit has been granted by the city manager or his designee.

(Ord. 291, 1991)

No person, except for those persons listed in Penal Code § 12031(b) and 12031(c), shall have in his possession in any park any dangerous weapon, device, firearm or destructive device as that term is defined in Section 9.12.010 of the Clayton Municipal Code or any State or Federal statute.

(Ord. 291, 1991)

A. No person shall hunt, capture, or harm or attempt to hunt, capture, or harm, any land or water animal in any park. All State Fish and Game laws and regulations shall be in force in all parks.

B. No person shall remove the young or the unhatched eggs of any animal found in any park without a valid permit issued by the city manager, or his designee.

C. Horses and other equine animals may be ridden or led only in those areas of parks designated for such use. Horses are not permitted in the close proximity of playground areas.

D. No person shall pick, damage, remove or destroy any tree, plant or plant material in any park.

(Ord. 291, 1991)

No person shall permit a dog in any park unless such dog is under complete control at all times by a leash, and the owner shall be responsible for picking up feces.

(Ord. 291, 1991)

No person shall swim or engage in any other water contact in any park, unless within a municipally operated or permitted pool. "Water Contact Activity" includes any activity in which a person enters into a body of water and includes, but is not limited to diving, wading, paddle boarding, boating, rafting and snorkeling.

(Ord. 291, 1991)

No person shall operate a still, motion picture, video, or other camera for commercial purposes in any park except pursuant to a valid permit issued by the City authorizing such activity. This section shall not apply to the operation of cameras by and for the news media.

(Ord. 291, 1991)

No person shall practice, carry on, or conduct any business or profession or other commercial enterprise nor sell or offer for sale any service, merchandise, article, or anything whatever in any park except by permit issued by the city and subject to all other provisions of this code.

This section shall not apply to concessionaires of the city or to persons acting under a lease issued by the city.

(Ord. 291, 1991)

No person, other than a child under the age of twelve (12), accompanied by a parent or guardian, shall at any time use or enter any toilet facility specifically designated for use by members of the opposite sex.

(Ord. 291, 1991)

No person shall ignite or smoke any tobacco or tobacco product or any other material on any trail, bridle path, or in any park area designated by the city as a fire hazard area, or in any park area designated where risk of fire is substantial whether such area has been posted or not. In addition, no person shall smoke a cigarette, cigar or other tobacco-related waste within the boundaries of any playground or tot lot sandbox area as said terms are defined in California Health and Safety Code § 104495.

(Ord. 291, 1991; Ord. 364, 2002)

No person shall engage in sporting or recreational activities or other activities which the city has determined to be unsafe or hazardous or likely to cause damage to the park, or likely to cause damage to property. When the city has determined that certain activities shall be conducted only in designated places, no person shall engage in said activities except in those areas designated by the city.

(Ord. 291, 1991)

No person shall consume any alcoholic beverage in any area of a park, including parking lots associated therewith, except by permit issued by the designated city official.

(Ord. 291, 1991)

A. No person, except for peace officers and city employees acting in the course of their employment, shall drive or convey any vehicle onto any park grounds. For the purposes of this section, park grounds shall include all areas within all parks except for roadway and parking lots intended for public use.

B. All sections of the California Vehicle Code in effect in the City of Clayton shall be enforced within the parks.

C. The speed limit for vehicles shall be fifteen (15) miles per hour. (CVC 22358.3).

D. Motorcycles. No motorized vehicles shall be allowed on the bike trail or on other park grounds except areas improved as roads and vehicle parking areas.

E. Bicycles. All section of Chapter 10.56 to the Clayton Municipal Code and the State Vehicle Code pertaining to the use and maintenance of bicycles shall be enforced in city parks.

F. Skateboards. No person shall ride a skateboard within any park except in those areas specifically designated and posted for skateboarding.

(Ord. 291, 1991)

A. No person shall make any sustained loud or raucous noise or vocal utterance such as is likely to cause physical discomfort or harm to persons of ordinary sensibilities and tolerance levels or which render ordinary conversation difficult of impossible, in any park, open space, picnic area, playing field, or surrounding areas.

This section shall not be construed or applied as to limit any person's right of free speech or discussion in any park.

(Ord. 291, 1991)

It is an infraction for a person to violate or fail to comply with the provision of the chapter or any regulation promulgated thereto. An infraction is punishable (1) by a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for a second violation of the same chapter within one year of a prior infraction; (3) a fine not exceeding two hundred dollars ($200.00) for each additional violation of the same chapter within one year of two (2) or more prior infractions.

(Ord. 291, 1991)

The police department shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to police officers pursuant to this Title or other state or local legislation.

(Ord. 291, 1991)