Cotati Municipal Code Ch. 9.36 Conduct in Parks, Plazas, Streets and Sidewalks and Other Places

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Prior ordinance history: Ords. 73 and 161.

For fees for use of city facilities, see Ch. 4.04 of this code.

As used in this chapter, the word "park" means any public park, public recreation area or public plaza.

(Ord. 639 § 1(part), 1995; Ord. 937, 10/28/2025)

No person shall, in any park, drive any vehicle, cycle or automobile except on roads or drives provided for such purpose unless explicitly permitted by the City.

(Ord. 639 § 1(part), 1995; Ord. 937, 10/28/2025)

It is unlawful for any person in any park to:

A. Damage, deface or destroy, by any means whatsoever, any public property planted, placed, located or otherwise situated in a park;

B. Cut or remove any wood, turf, grass, soil, rock, sand or gravel;

C. Drive or ride any motorized vehicle, cycle, scooter, or other similar motorized device, except on a road, a trail posted for such use, or in a parking area, unless explicitly permitted by the City. It is prohibited to drive or ride any motorized or unmotorized vehicle, cycle, scooter or similar device in an erratic or hazardous manner;

D. Engage in activities in which a projectile may pose a threat to safety, including but not limited to activities such as archery or driving of golf balls, except in any such places as may be provided for such purposes;

E. Deposit on or in any park any paper, rubbish, garbage or refuse matter of any kind, except in a receptacle designed for such purpose; provided, however, that in no event shall any person deposit in any park, or in any rubbish or garbage receptacles in any park, rubbish or garbage or refuse matter of any kind generated off the premises of such park.

(Ord. 639 § 1(part), 1995; Ord. 937, 10/28/2025)

No person shall sell or offer for sale any merchandise, article or thing whatsoever in any park without the prior written consent of the city, with the exception of sidewalk vendors where allowed by Chapter 17.22 (Allowable Land Uses) and consistent with § 17.42.260.

(Ord. 639 § 1(part), 1995; Ord. 937, 10/28/2025; Ord. 940, 4/28/2026)

No person shall practice, carry on, conduct or solicit for any trade, occupation, business or profession in any park without prior written consent of the city.

(Ord. 639 § 1(part), 1995; Ord. 937, 10/28/2025)

Public parks are open during the hours set in accordance with restrictions, rules or policies adopted by the City Council. Use outside of these hours is prohibited unless otherwise allowed by City issued permit. No person shall camp, set up housekeeping or sleep in any park, or upon any publicly owned property overnight, and specifically between the hours of 12:00 p.m. and 6:00 a.m.

(Ord. 639 § 1(part), 1995; Ord. 937, 10/28/2025)

No person shall make or kindle a fire for any purpose except in barbecue pits or other places provided for that purpose in any park. Outside barbeques or fires may be allowed under permit by the City.

(Ord. 639 § 1(part), 1995; Ord. 937, 10/28/2025)

It is unlawful for any person in any park or elsewhere within the city, to cook in, sleep in, or otherwise inhabit any camp car, camptrailer or camphouse, except in campgrounds, trailer parks or mobile home parks maintained pursuant to valid and subsisting authority granted by the city.

(Ord. 639 § 1(part), 1995; Ord. 937, 10/28/2025)

A. Definition. As used in this chapter:

"Alcoholic beverage"

includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains 0.5% or more of alcohol by volume, and which is capable of human consumption either alone, when diluted, mixed, or combined with other substances and sales that requires a State Department of Alcoholic Beverage Control license.

B. Prohibition on Consumption. The purpose of this section is to prohibit the consumption of alcoholic beverages in public.

1. No person shall consume any alcoholic beverage on any public highway, road, street, alley, lane, way, sidewalk, parking lot, park, or other public place, unless such person has obtained a permit for consumption of alcoholic beverages from the city of Cotati pursuant to Section 9.36.130. For purposes of this section, possession of any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or seal broken, and the contents of which have been partially removed, or with any other indicia of consumption, shall be prima facie evidence of a violation of this section;

2. On private property which is intended for public use and open to the public without first having secured the express permission of the owner, the owner's agent, or the person in lawful possession of the property;

3. On the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Cal. Bus. & Prof. Code § 23000) of the Business and Professions Code of California, or on any public sidewalk immediately adjacent to the licensed and posted premises. Visible notices shall be posted on the premises of each retail package off-sale alcoholic beverage licensee and on the parking lot and the public sidewalk immediately adjacent to the licensed premises indicating that the provisions of this subsection are applicable; or

4. In any public park, parkway, playground, any building, recreation center, recreation area, or any parking lot adjacent to any of the foregoing recreation facilities owned, leased or under the control of the city of Cotati, unless such person has obtained a permit for consumption of alcoholic beverages from the city of Cotati pursuant to Section 9.36.130.

C. Penalties. Violation of this section is considered an infraction.

(Ord. 834 § 2, 2011; Ord. 937, 10/28/2025)

It is unlawful in any park for any person to play any amplified musical instrument, or employ amplified sound for any purpose, unless approved by city permit to engage in such activity, pursuant to Section 9.36.130.

(Ord. 639 § 1(part), 1995; Ord. 937, 10/28/2025)

A. No person shall operate, drive or ride upon any skateboard, skates or in-line skates in any park or park areas except in areas posted and designated for such use.

B. It shall be unlawful for any person riding a skateboard at any city designated public recreation area in which skateboarding is permitted to fail to wear a properly secured helmet, elbow pads and knee pads.

(Ord. 729 § 1, 2002; Ord. 937, 10/28/2025)

A. Failure to Obtain Permit. No person shall engage in any activity or continue to engage in any activity for which a permit is required without first obtaining a valid permit.

B. Permit Procedures. Whenever any permit is required by this chapter, it shall be issued or denied in accordance with the provisions of this section.

C. Permit Application.

1. Each application for a permit shall be made on forms issued by the City Manager or their designee and shall provide the following information:

a. A description of the proposed use, event or activity.

b. The park and the specific area or areas thereof which will be utilized in connection with the proposed use, event or activity.

c. The manner in which the park will be utilized.

d. Name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed use, event or activity.

e. Name and address and telephone number of the person or persons to be contacted regarding the application or permit.

f. The day, date and specific hours and location for which the permit is sought.

g. An estimate of the anticipated attendance.

h. Other information which the City Manager or their designee shall determine is necessary in order to provide for fair and orderly processing of each application and for the determination of any necessary conditions of approval.

D. Issuance of Permit. The City Manager or their designee shall review and either issue or deny each permit application within the prescribed timeframe for approval in the applicable adopted City Council policies and satisfaction of all requirements stated herein. Whenever any permit is denied, reasons for its denial shall be explicitly stated in the notice of denial.

E. Grounds for Denial of Permit.

1. The City Manager or their designee shall issue a permit unless it is found that:

a. The proposed activity is illegal or otherwise prohibited in City parks.

b. The activity has been determined by the City Manager or their designee to be hazardous or unsafe or likely to cause damage to the park, to property, or to persons pursuant to Section 9.36.030.

c. The applicant refuses to comply with conditions of approval attached to the application.

d. The park area for which the permit is sought has previously been reserved pursuant to an application received prior to the application in question.

e. Due to the anticipated use of adjoining park areas pursuant to prior reservations or agreements, the park cannot accommodate the size or scope of the contemplated use.

f. The contemplated use of the park or park area would, due to the use’s noise or activity level, be incompatible with the nature of the park or the park’s surroundings, or the number of persons likely to attend the event exceeds the capacity of the park for which the application has been received.

2. Prior to denying an application for the reasons set forth in subsections E.1.d. through E.1.f of this section, the City Manager or their designee shall determine if the activity proposed could be accommodated in any other park or park area and shall notify the applicant if such accommodation is possible.

F. No Discrimination. No permit shall be denied on account of the sex, race, creed, color, religious or political affiliation of the applicant, or on account of the probable or known content of any speech or public address which such applicant is likely to make or allow to be made.

G. Conditions of Permit Issuance. Before issuing any permit, the City Manager or their designee shall require that the applicant agree to comply with any and all conditions of approval deemed necessary for the protection, health and safety of persons or property or both in light of the nature of the activity for which the permit is sought and the number of persons likely to attend said activity. Such conditions of approval shall pertain only to the time, place and manner of the use of the park by the applicant and those likely to attend the activity for which the permit is sought.

H. Revocation of Permit.

1. A permit shall be revoked when it is determined that the permittee or persons attending the activity are not complying with any or all of the conditions of approval.

2. It shall be unlawful for any person to continue to engage in an activity for which a permit is required after the permit has been revoked pursuant to this section.

(Ord. 937, 10/28/2025)