Colton Municipal Code Ch. 12.24 Parks

For the purposes of this chapter, the following terms shall have the meanings as set forth herein, unless the context in which they are used clearly indicates a contrary meaning:

"Alcoholic Beverages" means any and all spirituous, vinous, malt or fermented liquor, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one-half of one percent, or more, of alcohol by volume which are potable or fit as, or which may be used for beverage purposes.

"City" means the City of Colton, California.

"Department" means the Community Services Department.

"Director" means the Director of Community Services or other person(s) Designated by the Director of the Community Services Department.

"Park" means and includes every park, recreation center, lake, pond or other body of water, riding and hiking trail, parking lot and every other recreation facility owned, managed and/or controlled by the City and under the jurisdiction of the Director.

"Permission" means written permission, granted by the Director or the Director's authorized agent.

"Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, corporation or any other group acting as a unit.

"Roller Skate" or "In-Line Skate" means any shoe, boot or other footwear to which one or more wheels are attached and includes roller blades. "Roller skating" or "in-line skating" or their derivatives when used as a verb shall include operating, driving, riding, propelling or otherwise using Roller Skates or, respectively, In-Line Skates.

"Scooter" shall be defined as any platform of any composition or size mounted between two or more wheels with an upright steering handle attached thereto.

"Skateboard" shall be defined as any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it and to which there is not affixed any seat or any other device or mechanism to turn and control the wheels. "Skateboarding" or its derivatives when used as a verb shall include operating, driving, riding, propelling, or otherwise using a skateboard.

"Smoking" means possessing (and "Smoke" means to possess) a lighted pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, electronic delivery device or cigarette of any kind, including but not limited to, any Tobacco Product, or any other weed or plant.

"Sound Amplifying System" means and includes any system of electrical hookup or connection, loudspeaker system or equipment, Sound Amplifying System and any apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying sound or increasing the volume of the human voice, musical tone, vibration, or sound wave. This definition shall not apply to the regular and customary use of portable radios, televisions, record players or tape recorders played or operated in such places at such times so as not to disturb other persons in their permitted uses of the park.

"Tobacco Product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, vaping, or any other preparation of tobacco.

"Use" means to inhale, snort, chew, or otherwise ingest a Tobacco Product.

"Vehicle" means any Vehicle as defined in the California Vehicle Code. The term "Vehicle" shall not include skates, in-line skates, scooters or skateboards.

(Ord. 0-23-06 § 1, 2006; Ord. No. O-03-20, § 1, 12-1-2020)

It is unlawful for any Person to do or commit, or for any Person to cause or Permit to be done or committed within the boundaries of any public Park within the City of Colton, any Act in the Following sections.

(Ord. 0-14-96 § 1 (part), 1996)

No Person Shall fail or refuse to obey or comply with any Notice or Sign, including warning, regulatory and road markings, placed by Order of the Director for the safety or control of Persons, Vehicles or animals. No Person Shall wilfully refuse to follow or comply with any lawful Order or direction given by a City Employee.

(Ord. 0-14-96 § 1 (part), 1996)

No Person Shall wilfully cut, break, injure, deface, disfigure, mark or write upon, paint, carve, burn, tamper with, Attach rope or wire to, displace or remove any tree, shrub, plant, turf, rock, sand, soil, wood, Building, Fence, table, bench, barbecue unit, pole, light, playground apparatus, bridge, Railing, paving Material, fountain, trash receptacle, waterline or other public Utility, Part or appurtenance thereof, Sign, Notice or placard, whether temporary or permanent, monument, stake, post or other boundary marker, equipment, tools, implements, Materials, any Structure or Park Facility whatsoever, either real or personal.

(Ord. 0-14-96 § 1 (part), 1996)

No Person Shall fail to cooperate in maintaining public toilets in a neat and sanitary condition nor Shall any Person loiter in or about any public toilet or enter any public toilet Designated for the opposite sex except that this provision Shall not apply to Persons under five Years of age that are accompanied by a Parent or guardian.

(Ord. 0-14-96 § 1 (part), 1996)

No Person Shall deposit, throw, Discharge or otherwise place any paper, ashes, dirt, bottles, broken glass, cans, trash, litter, animal carcass, Rubbish, debris or any substance, Matter or thing, either liquid or solid in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any Park or in or on the grounds of said Park except in the proper receptacles where these are provided; nor Shall any Person within any Park wash eating or cooking utensils elsewhere than in the sinks provided for such purposes; nor Shall any Person bring any such substance, except litter accumulated in the course of automobile travel, into a City Park for the purpose of disposal thereof in City Park facilities. Where receptacles are not provided, all such Rubbish or waste Shall be carried from the Park by the Person responsible for its presence and properly disposed of elsewhere.

(Ord. 0-14-96 § 1 (part), 1996)

A. No person shall operate, drive, ride, park or leave standing any automobile, truck, motorcycle, motor scooter, motorized bicycle, go-cart, golf cart, or any other motor vehicle or any other vehicle at any time in any Park; provided, however, that the provisions of this section shall not apply to those specific areas within any public Park of the City which shall have been regularly and lawfully set aside for the use of vehicles; and provided further that the provisions of this section shall not apply to any vehicle used or owned by the City or any commercial vehicle making lawful deliveries to or otherwise lawfully engaged in any undertaking or enterprise within any public park of the City.

B. No person shall park and leave unattended any vehicle in areas other than those designated for parking, without permission, or it may be towed away and stored by the City and said removal and storage costs shall be charged to and paid by the owner prior to release.

C. Nor shall any person ride or drive a bicycle, skateboard, scooter, in-line skates, or roller skates upon any tennis, handball, basketball, shuffleboard or multipurpose Court in a City Park or within fifty feet of a City Building or monument.

D. No person shall park overnight at city parks, including parking lots and adjacent city owned property.

(Ord. 0-02-01 § 2, 2001: Ord. 0-14-96 § 1 (part), 1996)

(Ord. No. O-03-20, § 2, 12-1-2020)

No Person Shall operate any wheeled conveyance of any type in any Park at a speed in excess of ten miles per hour unless a greater speed is posted. The maximum speed limit when Pedestrians are present Shall be five miles per hour.

(Ord. 0-14-96 § 1 (part), 1996)

Skateboarding, skating, in-line skating, bicycling and riding Scooters in Parks constitutes a Hazardous recreational activity and the City will not be liable for injuries incurred by Persons participating in the Hazardous recreational activity. Every Person skating, in-line skating, skateboarding or riding a Scooter or Bicycle within any Park who is under the age of fourteen Shall be supervised by an adult. The Director or the Director's Designee Shall have the authority to eject and expel from any Park, including its Parking Lot, any Person who is in Violation of this section or Section 12.24.063. Any Person failing to comply with the provisions of this section or Section 12.24.063 Shall also be subject to criminal citation or other applicable enforcement authority available to the City.

Notwithstanding anything to contrary in this Code, no Person Shall skate, In-Line Skate, skateboard or ride a Scooter or Bicycle within the boundaries of Fleming Park. For the purposes of this section, the boundaries of Fleming Park Shall include, but Shall not be limited to, the walkways, Park benches and the amphitheater stage within Fleming Park.

(Ord. 0-02-01 § 3 (part), 2001)

No Person Shall skate, In-Line Skate, skateboard or ride a Scooter along or within any Public Street, Alley, Park, Right-of-Way or other Public Place within the City unless such Person is wearing a helmet, elbow pads and knee pads. All such gear Must be functional and protective, properly sized and designed for its intended Use.

(Ord. 0-02-01 § 3 (part), 2001)

No Person Shall skate, In-Line Skate, skateboard or ride a Scooter in or upon any paved Lot or Parcel Used for parking Vehicles within the City; provided however, that nothing in this section Shall prohibit a Person from skating, in-line skating, skateboarding or riding a Scooter on a private Driveway or in a private Lot or Parcel Used for parking Vehicles with the Permission of the Owner or possessor of such Driveway, Lot or Parcel.

(Ord. 0-02-01 § 3 (part), 2001)

In order to provide reasonable Notice to the public, the Director Shall post Signs in one or more conspicuous and visible area(s) of any Park, specifying the requirements of Sections 12.24.062, 12.24.063, 12.24.064, 12.24.115, and other prohibited activities described in this chapter. The Signs required pursuant to this section Shall cite the respective code section being invoked and Shall state that any Person failing to comply with such code section Shall be subject to citation or other applicable enforcement authority available to the City.

(Ord. 0-23-06 § 2, 2006)

A. No person shall ride, lead or let loose any cattle, horse, mule, goat, sheep, swine, cat, dog, fowl or animal of any kind in a park.

B. Domesticated dogs and cats must be physically restrained by a leash not in excess of six feet at all times, in all areas of city parks, with the exception of:

1. Specially trained guide dogs, signal dogs or service dogs, when such dog accompanies a blind, deaf or physically disabled person.

2. Domesticated dogs are permitted to run off-leash at the established Dog Park, within the designated fenced area of the park. Dogs must be leashed while outside the fenced area and in the parking area. Owners must adhere to all posted guidelines.

C. Domesticated dogs and cats are prohibited from playground areas, restrooms, athletic fields, and on basketball or tennis courts.

D. All owners or agents of the owner having control of the domesticated dog or cat, shall pick up and dispose of any excrement from City Property left by such animal.

E. No person shall bring a domesticated dog or cat or permit any animal to remain on any portion of City Property where the presence of animals is prohibited, except in conjunction with an activity or event conducted or sponsored by the City.

F. No person shall keep or permit to remain any dog which is noisy, vicious or dangerous or which disturbs other persons within the boundaries of a park after such person has been directed by a City official to remove such dog.

G. No person shall trap, kill, injure, catch or maltreat any wild or domesticated bird or animal; or destroy, remove or disturb any of the young or eggs of same, or permit any dog to pursue, trap, kill or wound any wild or domesticated bird or animal, except that the provisions of this section shall not apply to City Employees regulating animal populations that have been declared a nuisance or hazard by the Director consistent with laws protecting such animals.

(Ord. 0-14-96 § 1 (part), 1996; Ord. No. O-03-20, § 3, 12-1-2020)

No Person Shall maliciously or wilfully disturb the peace or quiet of a Park or of any Person therein, by loud or unusual Noises, or by indulging in riotous, boisterous, threatening, indecent or offensive conduct, or by using abusive, profane, indecent or vulgar language. No Person Shall, within any Park, disturb in any manner any picnic, meeting, services, concert, exercise or exhibition. No Person Shall play or utilize any sound-amplifying system within or upon any Park or Facility not set aside for such purpose by the City Council or the Director.

(Ord. 0-14-96 § 1 (part), 1996)

No Person Shall gamble or engage in gambling.

(Ord. 0-14-96 § 1 (part), 1996)

No Person Shall expose or offer for Sale any article or thing nor Shall he station or place any stand, Cart or Vehicle for the transportation, Sale or display of any such article or thing except by Written Permission from the Director. No Person Shall give, set up or maintain any exhibition, show, performance, concert, lecture, entertainment or similar activity without Written Permission to do so from the Director. No Person Shall for profit offer sports camps, sports lessons or other similar activity on Park Property without the Written Permission of the Director.

(Ord. 0-14-96 § 1 (part), 1996)

No Person Shall consume or have in his possession, custody or control, either open or unopened, any Alcoholic Beverage of any kind whatsoever, except when attending a function operating under an alcohol Permit issued in accordance with Chapter 9.84 of this Code. No intoxicated Person Shall enter, be or remain in any Park.

(Ord. 0-14-96 § 1 (part), 1996)

No person shall smoke or use any tobacco product within the boundaries of any public park within the City. Smoking and use of tobacco products is prohibited in all outdoor areas owned or leased by the City of Colton including parking lots, facilities, and any grounds surrounding the buildings, facilities or areas owned or leased by the City.

(Ord. 0-23-06 § 3, 2006; Ord. No. O-03-20, § 4, 12-1-2020)

It is unlawful for any Person to take Part in or abet the playing of any activity which endangers the health, safety or welfare of the participant or any Person whomsoever in any Park, except on Fields and Courts or areas specifically provided for such games and activities by the City Council or Director. Such games and activities Shall include, but Shall not be limited to, the Following:

A. Baseball, tackle football, Field hockey, rugby, cricket, golf, boxing, wrestling, soccer and the martial arts;

B. Wading, bathing, swimming, launching any type of boat, raft, air mattress, surfboard or to be in or on any lake, stream or pond found in a City Park;

C. Flying any model airplane or helicopter, and launching any model fuel power boat, provided that this subsection Shall not prohibit the launching of model boats powered by battery or sail;

D. Carrying, transporting, possessing, discharging, firing or shooting over, onto or through any Park any firearm, air gun, "bb" gun, spring gun, slingshot, bow and arrow, crossbow, spear, firecracker, rocket, explosive of any kind or any other form of weapon potentially dangerous to human beings or wildlife. This subsection Shall not apply to Law Enforcement Officers;

E. Lighting or maintaining any fire except in a stove, barbecue grill, fire circle, portable stove or barbecue grill Approved by the Director;

F. Erecting any barrier, whether string, wire, rope or chain, or placing any Obstruction of any kind across any path, trail or other area accessible to the public;

G. Engaging in any other activity which endangers the health and safety of the public.

(Ord. 0-14-96 § 1 (part), 1996)

The Director Shall establish such safety regulations as May be necessary for specific areas of the Park and for specific activities that are Permitted in such areas. Signs giving Notice of such safety regulations within any Park Shall be posted in locations to be determined by the Director as Permitted or required by Law.

(Ord. 0-14-96 § 1 (part), 1996)

A. All City Parks shall be closed from Sunset to Sunrise. No person shall remain, stay or loiter on or about any city park when closed, except authorized city employees or persons engaged in authorized community activities in the park.

B. Any park, recreation center or part or portion thereof may be closed to the public during an emergency, or when it has been determined by the Director, or Police Officer that the public health, safety or morals require such action. Such park, recreation center or part or portion thereof shall not be reopened except by order of the City Council, City Manager, Director, or Police Officer.

C. The Director may, in their reasonable discretion, extend or limit such hours for any part or portion of any park.

(Ord. 0-14-07 § 1, 2007; Ord. No. O-03-20, § 5, 12-1-2020)

No Person Shall announce, advertise or call the public attention in any way to any article or service for Sale or hire, or paste, glue, tack or otherwise post any Sign, picture, placard, advertisement or inscription whatever on any City Park or community sports Facility.

(Ord. 0-22-03 § 1, 2003)

Section 12.24.140 Shall not apply to any concession or lessee operating under a lease granted by the City Council, or to any advertising placed within a community sports Facility pursuant to a community sports Facility sponsorship program Approved by Resolution of the City Council. In approving any such Resolution, the City Council Shall first determine that the sponsorship program is not contrary to the health, safety and welfare of the Residents of the City of Colton or Materially injurious to adjacent Properties. As Used herein, a community sports Facility Shall be any Facility, area or Enclosure on land owned by the City and Used, in whole or in Part, for organized community sporting events.

(Ord. 0-22-03 § 2, 2003)

Any Person violating any provision of this chapter Shall be subject to criminal citation and any other applicable enforcement authority available to the City. Criminal Violations of this chapter Shall be punishable as misdemeanors, and subject to a fine of not more than one thousand dollars or be imprisoned in the City or County Jail for a period not to exceed six Months, or both such fine and imprisonment.

(Ord. 0-02-01 § 4, 2001: Ord. 0-14-96 § 1 (part), 1996)

The provisions of this chapter Shall supersede and take precedence over any other provisions of Law set forth in the Colton Municipal Code affecting City Parks to the extent that such provisions are inconsistent with this chapter.

(Ord. 0-14-96 § 1 (part), 1996)