Commerce Municipal Code Ch. 9.06 Conduct in Parks and City Facilities

Pursuant to Section 2.04.080(12) of the Commerce Municipal Code, the city administrator shall have the power to exercise general supervision over all public buildings, public parks, streets, and other public property which are under the control and jurisdiction of the city council. The authority provided to directors herein shall be consistent with and under the general authority provided in Section 2.04.080(12).

(Ord. No. 686, § 2, 1-17-2017)

The rules and regulations hereinafter prescribed shall govern the public parks and where applicable, to city facilities in the city. "Public parks" for purposes of this chapter includes all dedicated parks in the city and all planted parkways, triangles and traffic circles maintained by the city, except the parkway strips between the curb and sidewalk along the several streets and highways of the city. "City facilities" for purposes of this chapter includes all city facilities, buildings and structures owned and controlled by the City of Commerce and open to the public. City facilities shall include, but is not limited to the City Hall facilities, libraries (excluding county libraries), transportation center, the senior citizen center, and recreational facilities. City facilities shall not include buildings or structures owned and controlled by the community development commission or buildings, structures or facilities subject to a lease or rental agreement between the city or the commission and a private entity. (Ord. 545 §3, 2000: Ord. 130 §1 (part), 1968).

Within the limits of any of the parks, it is unlawful for any person or person to do any of the acts hereinafter specified:

(1) To hitch, fasten, lead, drive or let loose any animal or fowl of any kind, provided that this shall not apply to dogs when led by a cord or chain, not more than six feet long;

(2) To ride or drive horses or other animals. The provisions of Chapter 9.50 regulate the operation of bicycles, skateboards, rollerblades, roller skates and coaster devices in or on city property and city facilities;

(3) To carry or discharge any firearms, firecrackers, rockets, torpedoes or any other fireworks, or airgun or slingshot;

(4) To cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or to pluck, pull up, cut, take or remove any shrub, plant, brush or flower; or to mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure;

(5) To cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer;

(6) To swim, fish in, to bathe, wade in, or pollute the water of any fountain, pond, lake or stream;

(7) To make or kindle a fire except in picnic stoves, braziers or fire pits provided for that purpose;

(8) To camp or lodge therein;

(9) To cook, prepare serve or eat any lunch, barbecue or picnic except at the places provided therefor;

(10) To wash dishes or to empty salt water or other waste liquids elsewhere than in the sinks provided for such purposes;

(11) To leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor;

(12) To play, or engage in any game, excepting at such place as shall be especially set apart for that purpose; to play or engage in the games or activities known as tackle football or soccer, except as part of scheduled park activities;

(13) 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 of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming;

(14) To indulge in riotous, boisterous, threatening, or indecent conduct, or abusive, threatening profane or indecent language;

(15) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition;

(16) To post, place or erect on any public property any bills, notices, paper or advertising devices or matter of any kind;

(17) To sell or offer for sale any merchandise, article or thing, whatsoever;

(18) To practice, carry on, conduct or solicit for any trade, occupation, business or profession;

(19) To remain, stay or loiter in any public park between the hours of ten p.m. and five a.m. of the following day;

(20) To fail to obey the directions of the director or other park attendants to cease and desist from any activities prohibited by this chapter; to fail to obey the directions of the director or other park attendants to cease and desist from any activities which they deemed to involve an unreasonable risk of injury to self or to other park patrons; to fail to obey the directions of the director or other park attendants to cease and desist from any activities which they determine to be inappropriate for a public park;

(21) To fail to leave the park premises when directed to so by the director or other park attendants because of violation of any of the provisions of this chapter, or to return to the park on the same calendar day after having complied with a direction to leave the park;

(22) To smoke or possess any lit cigar, cigarette, or pipe in the park, unless the city has designated a specific smoking area.

(Ord. 552 §1, 2001; Ord. 455 §§1—3, 1992; Ord. 434 §§2, 3, 1990; Ord. 130 §1(part), 1968).

(Ord. No. 631, § 2, 12-21-2010; Ord. No. 635, § 2, 5-3-2011; Ord. No. 655, § 1, 10-15-2013)

Within the limits of any city facilities, as defined herein, it is unlawful for any person or persons to do any of the following acts hereinafter specified:

(1) To indulge in riotous, boisterous, threatening, profane or indecent language or activity;

(2) To post, place or erect on any city facility any bills, notices, paper or advertising devices or matter of any kind without first obtaining the prior written consent of the department director, or his/her designee;

(3) To leave garbage, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefore;

(4) The provisions of Chapter 9.50 regulate the operation of bicycles, skateboards, rollerblades, roller skates and coaster devices in or on city property and city facilities.

(5) To sell or offer for sale any merchandise, article or thing whatsoever, without first obtaining the prior written consent of the department director, or his/her designee;

(6) To practice, carry on, conduct or solicit for any trade, occupation, business or profession;

(7) To fail to obey the directions of the department director or other city facility attendants to cease and desist from any activities prohibited by this section;

(8) To fail to obey the directions of the department director or other city facility attendants to cease and desist from any activities which is deemed in the judgment of the department director or attendant to involve an unreasonable risk of injury to self or to other city facility patrons;

(9) To fail to obey the directions of the department director or other city facility attendants to cease and desist from any activities which is deemed in the judgment of the department director or attendant to be inappropriate for a city facility; and

(10) To fail to leave a city facility when directed to do so by the department director or other city facility attendant because of a violation of any of the provisions of this section, or to return to the city facility after having complied with a direction to leave the city facility.

(Ord. 552 §2, 2001: Ord. 545 §4, 2000).

(Ord. No. 631, § 3, 12-21-2010; Ord. No. 635, § 3, 5-3-2011)

It shall be unlawful for any person to keep or permit to remain any dog or other animal that is noisy, aggressive or dangerous in the presence of human beings, or other animals, within the limits of any city park or city facility. Dogs or other animal that exhibit characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings, other dogs or other animals, as determined by the department director or other city park staff, will not be permitted at city parks and the owner/caretaker will be asked to remove such animals. The failure of the owner/caretaker to comply with such removal request shall constitute a violation of this chapter.

(Ord. No. 630, § 1, 12-7-2010)

(a) Definitions.

(1) "Department director" means the director of the City of Commerce parks and recreation department.

(2) "Activity card" means any card issued for use of department of parks and recreation facilities and participation in events and programs therein.

(3) "Facility use privilege" means use of city facilities for recreation or designated use.

(4) "Non-resident" means a person who does not reside in the City of Commerce.

(5) "Warning" means a written notice of prohibited conduct issued by the parks and recreation department.

(6) "Suspension" means to debar temporarily the privilege of activity card or facility use privilege for a maximum period of twelve months.

(7) "Revocation" means recalling the right of an activity card or facility use privilege for a minimum period of twelve months.

(b) Warning. The department director, or his/her designee, may issue a warning to an activity card or facility use privilege holder who commits any offenses enumerated in this chapter or other criminal offense.

(c) Suspension.

(1) The department director, or his/her designee, may suspend activity card privileges or facility use privileges when a person:

(A) Has received one or more warnings as outlined in subsection (b) above, within a twelve month period.

(B) Poses an immediate threat to the safety and physical well being of any person within any parks and recreation facility.

(C) Commits any offense enumerated in this chapter or other criminal offense, that in the opinion of the department director, or his/her designee, the conduct warrants immediate suspension.

(2) A suspension shall be enforceable for a maximum period of up to twelve months, wherein the activity card or facility use privilege holder will be precluded from all parks and recreation facilities, events and programs.

(3) The department director, or his/her designee, shall notify the city administrator, or his/her designee, of all suspensions as soon as practicable.

(d) Revocation.

(1) The department director, or his/her designee, may revoke an activity card or facility use privilege when the holder:

(A) Has been suspended more than one time as outlined in subsection (c) above, during a twelve month period.

(B) Commits any offense enumerated in this chapter or other criminal offense.

(C) Demonstrates conduct that is outrageous, as determined by the department director or his/her designee, within the city facilities or public parks such that the conduct warrants immediate revocation.

(2) An activity card or facility use privilege that has been suspended three times as outlined in subsection (c) above is subject to permanent revocation.

(3) A revocation shall be enforceable for a minimum period of twelve months, wherein the activity card or facility use privilege holder will be precluded from all parks and recreation facilities, events and programs.

(4) The department director, or his/her designee, shall notify the city administrator, or his/her designee, of all revocations as soon as practicable.

(e) Notice; Opportunity to Present Explanation; Removal. Prior to any suspension or revocation, the department director, or his/her designee, shall advise the activity card or facility use privilege holder in question of the particular misconduct of which he/she is accused as well as the basis for such accusation. The accused shall be given an opportunity to explain in writing his/her version of the facts to the department director, or his/her designee. In each case of suspension or revocation, the department director, or his/her designee, shall provide the accused with a letter at the address shown on the activity card registration form, giving notice of the suspension or revocation, and the reasons therefor. An accused with a facility use privilege will be informed in writing at the address provided to the department of parks and recreation by that person. Any person whose presence in or about a city facility poses an immediate danger to any person or property shall be immediately removed from the city facility without the benefit of the procedure described above; however, the necessary procedure shall follow as soon thereafter as is practicable.

(f) Appeal. Any person with an activity card or facility use privilege, or parent or legal guardian of such a person, whose privileges have been suspended or revoked, shall have the right to appeal to the city administrator, or his/her designee, who shall conduct a hearing on the merits. The appeal shall be in writing and must be received by the city administrator or his/her assignee within thirty calendar days of the date of suspension or revocation. The decision of the city administrator, or his/her designee, as well as the term of suspension or revocation, shall be final.

(g) Reinstatement.

(1) An activity card or facility use privilege suspended for damages to any property belonging to the city or to property contracted to the city shall not be readmitted until payment in full has been made for such damage or until directed by the department director.

(2) Any activity card or facility use privilege that was revoked due to reasons outlined in subsections (d)(1)(A), (B), and (C) above, such person must request a review of his/her application for reinstatement to the city administrator, or his/her designee, following the minimum twelve month revocation period. The city administrator, or his/her designee, will designate a review panel to hear the request, and approval of such panel must be attained prior to reinstatement of the activity card or facility use privilege.

(3) The department director, or his/her designee, will issue a referral to the department of community services, social services division, for any minor that is issued a warning, suspension or revocation as outlined herein, as a prerequisite to reinstatement of the activity card or facility use privilege. If, following the appropriate evaluation, it is determined that a minor so referred, and/or his/her parent or legal guardian, should participate in an approved social services program, due to the extreme nature of the offense leading to the warning, suspension or revocation, the fact of his/her/their voluntary participation therein will be taken into consideration prior to reinstatement of the activity card or facility use privilege.

(h) Disciplinary Actions. Notwithstanding any provision of this section to the contrary, the department director and/or the city administrator, or his/her designee, shall have the authority to impose on an activity card or facility use privilege any disciplinary actions authorized by this section.

(i) Enforcement. It is unlawful for any person or persons to fail to abide by a suspension or revocation by entering the city facilities. Failure to leave the city facility when directed to do so by the department director or other city facility attendant, or returning to the city facility after having complied with a direction to leave the city facility, because of a violation of any of the provisions of this section will be strictly enforced."

(Ord. No. 611, § 1, 2-5-2008)

The director of library services shall have authority to administer and manage all "library-related matters." "Library-related matters" as used herein shall mean those rules and regulations set forth in this chapter as they relate to city-owned library facilities, including, but not limited to, administration of daily library activities, enforcement of library-use policies, and enforcement of restrictions, suspensions, revocations, and prohibitions on use of library facilities.

(Ord. No. 686, § 2, 1-17-2017)

No person shall arrange, cause, hold or conduct any picnic, celebration, parade, service or exercise in any public park, which results in a gathering of more than twenty-five persons, without first obtaining a permit from the director of parks and recreation. Such permit shall be issued as a matter of course, under generally applicable regulations, if the proposed use of the public park will not unreasonably interfere with other park activities. It is unlawful for any person to take part in any picnic, celebration, parade, service or exercise held or conducted contrary to the provisions of this section.

(Ord. 434 §4, 1990: Ord. 130 §1(part), 1968).

No male person, who is over eight years of age, shall enter or use any water closet, restroom, dressing room or other facility for exclusive use by women in a public park.

(Ord. 130 §1(part), 1968).

It is unlawful for any persons to assemble, collect or gather together in any walk, passageway or pathway in any park or in any other place set apart for the travel of persons in or through any park or to occupy the same so that the free passage or use thereof by persons passing along the same shall be obstructed in any manner.

(Ord. 130 §1(part), 1968).

Within the limits of any of the parks, it is unlawful for any person to possess, exhibit, transport or drink any alcoholic or intoxicating beverage, except pursuant to a permit issued by the city. The city council shall adopt rules and regulations governing the issuance of such permits.

(Ord. 287 §1, 1980: Ord. 130 §1(part), 1968).

The city council of the city may from time to time review areas within the city boundaries and may declare after review areas which may be specifically designated for the nonuse of bicycles, skateboards, scooters, inline skates or other similar contrivances. Such declaration may be accomplished by adoption of or amendment to existing ordinances, or by declaration, passage and adoption of a resolution.

(Ord. 557 §3, 2001).

Any person failing to comply with provisions of this chapter shall be guilty of an infraction. The city council shall set fines for such infractions by resolution.

(Ord. 557 §2, 2001: Ord. 552 §3, 2001: Ord. 545 §5, 2000: Ord. 303 §5, 1981).