Coachella Municipal Code Ch. 12.32 Park Use Regulations

Footnotes:

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Editor's note— Ord. No. 1070, § 2, adopted Dec. 10, 2014, amended Ch. 12.32 in its entirety to read as herein set out. Former Ch. 12.32, §§ 12.32.010—12.32.170, pertained to park use regulations, and derived from prior code, §§ 16-16—16-32.

This chapter shall be known and may be cited as the "City of Coachella Ordinance Regulating Use of the Public Parks."

(Ord. No. 1070, § 2, 12-10-14)

As used in this chapter, "park" is a park, reservation, playground, recreation center or any other area in the city, owned or used by the city, and devoted to active or passive recreation.

(Ord. No. 1070, § 2, 12-10-14)

No person or persons may engage in any commercial activity in a city park and no person or persons may conduct any assembly, dance, meeting, or picnic for more than twenty-four (24) persons unless and until a permit for such activity or conduct is obtained from the city manager, or the city manager's designee, and upon the payment of the fee as provided for in this chapter. An application for permit for an activity or conduct involving any right alleged to be protected by the First Amendment of the United States Constitution shall describe the activity or conduct so protected; and a permit therefor shall be issued or denied within five days of the filing of a fully completed application provided that such time period may be extended for an additional five days to request and obtain further information about the activity or conduct so as to determine its entitlement to First Amendment protection and to fashion reasonable time, place and manner restrictions and provided further that the permit may impose reasonable time, place and manner restrictions on the exercise of the activity or conduct subject to First Amendment protections.

(Ord. No. 1070, § 2, 12-10-14)

A. Park—Field/Picnic Areas.

1. Time for Application. An application for a permit must be submitted not less than two business days nor more than thirty (30) regular business days prior to the event.

2. The application shall state:

a. The name and residence address of the person signing the application;

b. The position held by the person signing the application when representing a group or organization;

c. That the person signing the application is an authorized representative of the applicant, if the applicant is a group or organization;

d. The name and address of the applicant;

e. The day or days and hours for which the permit is desired. Permits may be issued for weekly use increments up to a month within a six month period. Permits are issued on a first come first serve basis. Sport league use and other recreational programming will be permitted as allowed by existing city agreements such as the memorandum of understanding between the city and sports leagues.

f. The park or portion thereof for which such permit is desired;

g. An estimate of the anticipated attendance;

h. Any other information which the city council shall find reasonably necessary to make a fair determination as to whether a permit should be issued in this chapter.

B. Park—Community Center.

1. Time for Application. An application for a permit must be submitted not less than two weeks nor more than six months prior to the event.

2. The application shall state:

a. The name and residence address of the person signing the application;

b. The position held by the person signing the application where the applicant is a group or organization;

c. That the person signing the application is an authorized representative of the applicant, if the applicant is a group or organization;

d. The name and address of the applicant;

e. The day or days and hours for which the permit is desired. Permits may be issued for one day only if the day requested is a Saturday or Sunday, within a three-month period. Permits may be issued for multiple days, to a maximum of five days Monday through Friday, within a three-month period;

f. The park or portion thereof for which such permit is desired;

g. An estimate of the anticipated attendance; and

h. Any other information which the city council shall find reasonably necessary to make a fair determination as to whether a permit should be issued by this chapter.

(Ord. No. 1070, § 2, 12-10-14; Ord. No. 1102, § 2, 4-26-17)

The fee for a permit required by this chapter shall be established by the council.

(Ord. No. 1070, § 2, 12-10-14)

The city manager or his or her designee shall authorize issuance of a permit when he or she finds:

A. That the proposed activity or use of the park will not be unlawful;

B. That the proposed activity and use will not present a hazard to public health;

C. That the proposed activity or use, is not reasonably anticipated to incite violence, crime or disorderly conduct; and

D. That the facilities have not been reserved for other use on the day required in the application; except that the city council may, on recommendation of the city manager, authorize multiple permits for nonconflicting hours on any given day.

(Ord. No. 1070, § 2, 12-10-14)

A permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in the permit.

(Ord. No. 1070, § 2, 12-10-14)

The person to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person to whom such permit shall have been issued.

(Ord. No. 1070, § 2, 12-10-14)

The city manager, or the chief of police, or their duly authorized designees may revoke any permit issued upon the finding that such permit was issued upon false or misleading information, the permittee has violated the conditions imposed upon the permit, the permittee has violated a material provision of this chapter, or the permittee has or is engaged in conduct that is dangerous to the public health or safety. In the case of permits issued for commercial activity where the permit has acquired a vested interest or for activity or conduct subject to First Amendment protection, the official seeking to revoke the permit shall provide the permittee with written notice of the official's intent to revoke the permit, the reasons therefor and provide for an immediate hearing prior the revocation of the permit except where the circumstances require a summary revocation provided that a hearing is provided the permittee as soon as practicable after the revocation of the permit.

(Ord. No. 1070, § 2, 12-10-14)

Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during hours designated by the council. The opening and closing hours for each individual park shall be posted for public information.

(Ord. No. 1070, § 2, 12-10-14)

Any event, which requires a permit pursuant to this chapter, held without a permit, may be declared by the chief of police to be an "unlawful assembly."

(Ord. No. 1070, § 2, 12-10-14)

If the city manager refuses to authorize the issuance of a permit, the applicant may at the next regularly scheduled council meeting, appeal the managers ruling to the city council. The council may for good cause shown overrule the manager and order the permit issued.

(Ord. No. 1070, § 2, 12-10-14)

A. It is unlawful for any person or persons to operate or park any motor vehicle, including motorcycles, upon any park within the city.

B. Any person who shall be convicted of a violation of this section shall be guilty of a misdemeanor and shall make restitution and reimbursement to the city for any damage caused by any such operation of a motor vehicle or a motorcycle and shall be punished by fine, not exceeding fifty dollars ($50.00) for a motor vehicle other than a motorcycle and a fine not exceeding twenty-five dollars ($25.00) for violation with a motorcycle.

(Ord. No. 1070, § 2, 12-10-14)

The following activities and conduct are prohibited in all parks within the city by all persons:

A. To hitch, fasten, lead, drive or let lose any animal or fowl of any kind, except for dogs when they are led by a cord or chain not in excess of six feet in length.

B. To ride or drive any horse or animal, or to propel any vehicle, cycle or automobile within the park area except on roadways posted for such use.

C. To cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other apparatus, or property; to pluck, pull up, cut, take or remove any shrub, plants, bush or flower; or to make or write upon or graffiti, paint or deface in any manner, any building, monument, fence, bench, or other structure.

D. To cut or remove any wood, turf grass, soil, rock, sand, gravel or fertilizer.

E. To make or kindle a fire except in picnic stoves, braziers, or fire pits provided for that purpose.

F. To wash dishes or to empty saltwater or other waste liquid elsewhere than in the receptacles provided for such purposes.

G. To leave garbage, cans, bottles, papers, or other refuse anywhere other than the receptacles provided for that purpose.

H. To indulge in riotous, boisterous, threatening, or indecent conduct, not protected by the First Amendment of the United States Constitution, or abusive, threatening, profane, or indecent language not protected by the First Amendment of the United States Constitution.

I. To use, throw, or release any arrows or crossbows, unless permit issued for recreational purposes.

J. To take, seize or hunt any nondomestic bird or animal.

K. To disturb, in any manner, any picnic, meeting, service, concert; or other private events.

L. To sell or offer for sale any merchandise, article, or anything whatsoever.

M. To remain, stay, or loiter in any public park between the hours of 10:00 p.m. and 6:00 a.m. of the following day.

N. To ride bicycles in any area except roadways, and in each case shall be parked in racks when provided.

O. To assemble, collect, or gather together on any walk, passageway, or roadway, or in any other place set apart for travel of persons in or through any park or to occupy the same so that the free passage or use by other persons is obstructed in any manner.

P. To occupy any part of any park by a group in excess of twenty-four (24) persons unless a permit has been obtained.

Q. To enter any pool, dressing room, or structure at any time when a person lawfully in control is not in attendance.

R. To enter or use any restrooms designated for a member of the opposite gender by any person over the age of eight years of age.

S. To take, carry, force or persuade, by any means, a person, over the age of eight years, into a restroom designated for a person of the opposite gender.

T. To camp or lodge, unless permit issued for a special event.

U. To conduct any carnival, exhibition, theater, tent or open air, public dance or other business or activity except by a permit duly issued for that purpose.

V. To drink any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol by volume or be intoxicated.

W. To possess any bottle, can, or other receptacle, containing any beverage containing more than one-half of one percent of alcohol by volume, which has been opened, or seal broken, or contents of which have been partially removed.

X. To fail to obey the lawful orders of any employee of the city or the Coachella Valley Park and Recreation District designated as having authority over the management of the park who requests any person to cease and desist from any activities prohibited by this chapter or any other law applicable to parks.

Y. To fail to leave the park premises when directed to do so by any employee of the city or the Coachella Valley Park and Recreation District designated as having authority over the management of the park because of violation of any provision of this chapter, or to return to the park on the same calendar day after having complied with a direction to leave park pursuant to this subsection.

Z. To bath, disrobe, or fully undress.

AA. To smoke any tobacco, smoke any legal/illegal products, use of any drugs, or other legal/illegal substances.

BB. To urinate in public.

CC. To park a vehicle/commercial vehicle/towing equipment outside of the marked parking lines; no person shall park or leave standing any vehicle so that it extends across any such line or markings, or is in such position that it is not entirely within the space designated by such lines or markings.

DD. It is unlawful for any person to repair, dismantle, disassemble or perform any other work upon any vehicle when such vehicle is parked upon any city park operated parking lot or upon any public street or thoroughfare or other public property within the city except to perform emergency repairs.

EE. To carry discharge any firecracker, rocket, torpedo or any other fireworks, provided that this subsection shall not be deemed to prohibit the possession or use of safe and sane fireworks not otherwise prohibited by law, at places designated or provided for such purpose.

FF. To play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other device, for money, chips, shells, credit or any other representative value, or maintain or exhibit any gambling table or other instrument of gambling or gaming.

GG. To place barricades, ropes, tape or other restricting device for the purpose of limiting the use of any park amenity from persons or groups.

HH. To bring into or use inflatable jumpers, inflatable slides and similar outside equipment.

II. No person shall skateboard or skate on curbs, planters, benches, steps, railings, fences, playground equipment, driveways or areas intended for uses other than skating.

(Ord. No. 1070, § 2, 12-10-14; Ord. No. 1102, § 2, 4-26-17)

Officers, agents, or employees of the City or Coachella Valley Recreation and Park District or their agents are exempt from the prohibited activities or conduct described in Section 12.32.130 to the extent that the performance of their official duties may require such activities or conduct.

(Ord. No. 1070, § 2, 12-10-14)

Violation of any provision of this chapter shall constitute an infraction and conviction thereof shall be punishable pursuant to Section 1.08.010 of this code except that violations of the subsections B, H, I, O, P, V, W, X, and Y of Section 12.32.140 shall constitute a misdemeanor.

(Ord. No. 1070, § 2, 12-10-14)

The city manager or his or her designee may waive the required permit fee for groups or organizations that provide proof of bona fide tax exempt status from the Internal Revenue Service under Section 501(c)(3), Section 501(c)(4), Section 501(c)(8) and (10), or Section 501(c)(19) and demonstrate the proposed event is open to all residents.

(Ord. No. 1070, § 2, 12-10-14)