Cupertino Municipal Code Ch. 13.04 Parks

The purpose of this chapter is to regulate the use of the parks and recreation buildings of the City in order that all persons may enjoy and make use of such parks and buildings and to protect the rights of those in the surrounding areas.

(Ord. 531, § 1, 1972)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. “Buildings” includes those buildings, or any portion thereof, under the supervision of the parks and recreation department made available to exclusive use permittees.

B. “City” means the City of Cupertino.

C. “City Manager” means the City Manager of the City of Cupertino or their designee.

D. “Park” means a park, reservation, playground, swimming pool, recreation center or any other area in the City, owned or used by the City or county and devoted to active or passive recreations.

E. “Permit” means a permit for exclusive use of parks or buildings as provided for and defined in this chapter.

F. “Persons” include persons, associations, partnerships, firms and corporations, or any company organization of any kind.

G. “Sound amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound. “Sound amplifying equipment” does not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. “Sound amplifying equipment,” as used in this section, does not include warning devices on authorized emergency vehicles or horns or other warning devices of any vehicle used only for traffic safety purposes.

H. “Vehicle” means any wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled. The term includes any trailer in tow of any size, kind or description. Exception is made for baby carriages, wheelchairs, and vehicles in the service of the City parks.

I. “Nature and/or rural preserve” means a park so designated by the City Council pursuant to Section 13.04.201.

(Ord. 710, (part), 1975; Ord. 531, § 2, 1972; Ord. 24-2267, Att. A (part), 2024)

No person shall enter, be, or remain in any park or building of the City unless he complies with all of the regulations set forth in this chapter applicable to such park or building.

(Ord. 531, § 3, 1972)

The City’s parks and/or buildings shall be made available for the exclusive use of persons and groups subject to the issuance of a permit by the City Manager. No exclusive use of any park and/or buildings for pre-advertised assemblies or groups may be made without the issuance of a permit therefor. All applications for exclusive use must be signed or cosigned by an adult, which adult shall agree to be responsible for said exclusive use. No exclusive use permit will be granted if, prior to the time the application was filed, the City has scheduled a City-sponsored event at the same time and place as the activity proposed in the application, if the requested time and place has been pre-empted by a previously issued permit, or if cause for denial is found to exist.

(Ord. 531, § 4, 1972)

Any person applying for a permit hereunder shall file an application for such permit with the City Manager not less than fourteen days nor more than sixty days prior to the proposed use of said park and/or building. The City Manager, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than fourteen days before the date such proposed activity is to be conducted.

(Ord. 531, § 5, 1972)

The application shall contain the following:

A. Name of the applicant, the sponsoring organization, and the name of the person in charge of the proposed activity;

B. The addresses and telephone numbers of those named in subsection A. above;

C. The park and/or building, or room being applied for,

D. The starting time of the proposed activity;

E. The finishing time of the proposed activity;

F. The number of persons expected;

G. Additional City facilities requested, such as personnel, tables, chairs, etc.;

H. The nature of the proposed activity or activities including equipment and vehicles to be brought into the park, nature and duration of the use of any amplified sound, whether speech or music;

I. The form of application shall be provided or prescribed by the parks and recreation department.

(Ord. 531, § 6, 1972)

A. The City Manager shall grant or deny such application on or before four days after the filing of the application unless the time for such granting or denial of the permit has been waived by the applicant in writing. The decision granting or denying said application shall be mailed to the applicant.

B. The City Manager, in granting the application, may impose reasonable requirements and conditions concerning the use of the park or building by the applicant.

C. The City Manager shall grant the application when the application contains information showing that the number of persons expected at the activity complies with the occupancy load of the building and upon granting such permit may impose reasonable requirements and conditions concerning the use of said building with respect to time and duration of use and number of persons allowed in the building.

D. The City Manager may grant the application for a building other than that applied for with the consent of the applicant in the event that a permit has already been issued for said building or that the building does not meet the occupancy load requirements. In the event that more than one application is received for one park or building for use at the same time, the City Manager shall first act upon the application first received.

E. The City Manager shall deny the application if he finds:

1. That the proposed activity or use will unreasonably interfere, or detract from the promotion of the public health, welfare, safety and recreation;

2. That the proposed activity or use is anticipated to incite violence, crime or disorderly conduct;

3. That the proposed activity or use will entail unusual, extraordinary, or burdensome expense or police operation by the City;

4. That the City has scheduled an activity at the same time and place as the activity proposed by the applicant;

5. That the applicant reveals that the City has no park which will accommodate the activity by the applicant;

6. That the applicant refuses to agree in writing to comply with any and all conditions in the permit;

7. That the applicant fails to file a timely application, unless waived in writing by the City Manager.

F. All denials for applications for permits shall specify the grounds therefor.

(Ord. 531, § 7, 1972)

The applicant shall have the right to appeal the denial of a permit by the City Manager to the City Council. A notice of appeal shall be filed with the City Clerk within five days of the City Manager's mailing the notice of denial of the application for a permit. The City Council shall act upon the appeal at its next meeting following receipt of notice of appeal and its decision shall be final.

(Ord. 531, § 8, 1972)

Upon the granting of a permit under this chapter, any fees or deposits required for the use of City personnel, building, equipment, and facilities shall be contained in said permit and said fees or deposits shall be paid by the applicant within ten days of the receipt of said permit. If said fees or deposits are not paid within said ten days, then, in that event, the permit therefor issued shall be null and void:

A. Building fees and charges have been established and are regulated by the type of organization or individual usage proposed by the application and such fees are subject to change as required by personnel or City costs;

B. Building deposit fees are refundable upon to incite violence, crime or disorderly conduct; approval of the City Manager, providing no damage arises from the applicant’s usage.

(Ord. 531, § 9, 1972)

Persons to whom an exclusive use permit has been granted must agree in writing to hold the City harmless and indemnify the City from any and all liability for injury to persons or property occurring as a result of the activity sponsored by the permittee and said person shall be liable to the City for any and all damage to parks, facilities, and buildings owned by the City, which results from the activity of permittee or is caused by any participant in said activity.

(Ord. 531 § 10,1972)

The City Manager shall have the authority to refuse a permit upon a finding that any use or activity is in violation of the provisions of this chapter, or any other ordinance of the City, or of any rule promulgated hereunder, or upon good cause shown.

(Ord. 531, § 11, 1972)

No person in a park shall do any of the following:

A. Wilfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railing, paving or paving material, water lines or other public utilities or parts or appurtenances whatsoever, either real or personal;

B. Litter, soil or defile restrooms. No person over the age of six years shall use restrooms and washrooms designed for the opposite sex;

C. Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. It is unlawful to gather firewood or to collect within the park any type of plant material for the purpose of building a campfire;

D. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued under this chapter;

E. Go upon any lawn or grass plot, where prohibited by the parks and recreation department, and where such prohibition is indicated by proper and legible signs;

F. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. No person shall dig in, or otherwise disturb any grass area, or in any way injure or impair the natural beauty or usefulness of any areas;

G. Climb any tree or walk, stand or sit upon any monuments, vases, fountains, railing, fences, or upon any other property not designated or customarily used for such purposes;

H. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile, or bird; nor shall any person remove or have in his possession the young of any wild animal, or the eggs or nest or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattlesnakes, or other deadly reptiles may be killed on sight;

I. Use any system for amplifying sounds, whether for speech or music or otherwise, unless an exclusive use permit is first secured.

(Ord. 531, § 12, 1972)

No person in a park shall do any of the following:

A. Bring to a park any alcoholic beverages, and no person may drink alcoholic beverages at any time in a park, except picknickers, who may bring to a park, and drink, beer or wine with their picnic meal, so long as they conduct themselves in an orderly manner;

B. Enter or remain in a park while under the influence of intoxicating liquor or any drug;

C. Have brought, or have in his possession, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or any highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints;

D. No person having the control or care of any dog, shall suffer or permit such dog to enter or remain in a park or sport field, unless posted for such use, and then only if it is led by a leash of suitable strength not more than six feet in length, unless it is permitted to be off-leash by the City as part of a City-authorized event or program; and the owner and the attendant shall be responsible for any damage caused, in any event, by such dog, even if on leash;

E. Lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind, without a permit to do so from the Director of parks and recreation;

F. Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior special permission be obtained therefor from the Director;

G. Enter an area posted as “Closed to the Public,” and no person shall use, or abet the use of, any area in violation of posted notices;

H. Play or bet at or against any game which is played, conducted, dealt, or carried on for money, chips, shell, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any other ordinance of the City;

I. Sleep, or protractedly lounge, on the seats, benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace;

J. Use, carry, or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wild life or to human safety. Shooting into park areas from beyond park boundaries is prohibited;

K. Solicit alms or contributions for any purpose, whether public or private, without prior permission from the City Council;

L. Use or allow the use of powered model airplanes or drones except in areas so designated by the department of parks and recreation;

M. Play or practice golf or use golf clubs in any area of the park not designated for such use;

N. Indulge in riotous, boisterous, threatening or indecent conduct.

O. No person shall skate or rollerblade in a manner that causes damage to park amenities or threatens the safety or well being of park patrons. Skating or rollerblading is prohibited on raised surfaces where signed.

P. Feeding Waterfowl Prohibited. No person shall feed or in any manner intentionally provide food to any wildlife in any City park.

(Ord. 13-2105, § 2, 2013; Ord. 12-2101, § 1 (part), 2013; Ord. 1945, 2004; Ord. 1886, (part), 2001; Ord. 531, § 13, 1972; Ord. 24-2267, Att. A (part), 2024; Ord. 26-2284, Att. A (part), 2026)

No person in a park shall do any of the following:

A. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters;

B. Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, refuse or trash on the grounds thereof. Such items shall be placed in the proper receptacles where these are provided; and, where such receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.

(Ord. 531, § 14, 1972)

No person in the park shall do any of the following:

A. Fail to comply with all applicable provisions of the Vehicle Code of the state in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and any other ordinances of the City regulating traffic;

B. Fail to obey all traffic officers and park employees who are hereafter authorized and instructed to direct traffic in the parks in accordance with the provisions of this chapter and such supplementary regulations as may be issued by the Director;

C. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all other signs posted for proper control and to safeguard life and property;

D. Ride or drive a vehicle at a rate of speed exceeding fifteen miles an hour, except upon such roads as the City may designate by posted signs for speedier travel;

E. Drive any vehicle on any area except paved roads or parking areas, or such other areas as may be specifically designated as temporary parking areas by the department of parks and recreation;

F. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there, and with the instructions of any attendant who may be present;

G. Ride a motorcycle, motor bike, or similar vehicle in any park, except where used to transport invalid persons;

H. Ride a bicycle on other than a paved road or path. Notwithstanding the foregoing, no person may ride a bicycle on a paved road or path where such activity is prohibited by posted signage. A bicyclist may wheel or push a bicycle by hand over any grassy area, wooded trail, or over any other area in which bicycle riding is otherwise prohibited;

I. Ride a bicycle other than on the righthand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their machine with reasonable regard to the safety of others, signal all turns, pass to the left of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting;

J. Ride any other person on a bicycle, except where the bicycle is built for operation by more than one person;

K. Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and there is space available;

L. Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by it.

(Ord. 2014, 2008; Ord. 531, § 15, 1972)

No person in a park shall swim, bathe, wade in or pollute the water of any fountain, pond, lake or stream, except that wading and swimming shall be permitted in pools specifically provided for these purposes, and so posted.

(Ord. 531, § 16, 1972)

No person in a park shall do any of the following:

A. Picnic or lunch in a place other than one designated for that purpose. Attendants shall have the authority to regulate the activities in such areas, when necessary to prevent congestion and to secure the maximum use of the park facilities for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. Individual fireplaces or tables and benches shall be used on the basis of “first come, first served”;

B. Use any portion of the picnic areas, or any of the park buildings or structures for the purpose of holding picnics, to the exclusion of other persons, and no person shall use such area and facilities for an unreasonable length of time if they are crowded;

C. Leave a picnic area before a fire started or later used by him is completely extinguished.

(Ord. 531, § 17,1972)

A. Unless in compliance with Chapter 5.48, no person in a park shall, without prior permission from the City Council, do any of the following:

1. Expose or offer for sale any article, thing, or service, nor shall any person station or place any stand, cart or vehicle for the transportation, sale or display of any such article, thing, or service;

2. Announce, advertise or call the public attention in any way to any article or service for sale or hire;

3. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription.

B. In addition, in order to insure the public safety, health and general welfare, unless in compliance with Chapter 5.48, no person shall expose or offer for sale any article, thing, or service, nor shall any person station or place any stand, cart or vehicle for the sale or display of any article, thing, or service, on a public street, within five hundred feet in a straight line from the nearest boundary of any park.

(Ord. 21-2220, § 1 (part), 2021; Ord. 1886, (part), 2001; Ord. 531, § 18, 1972; Ord. 26-2284, Att. A (part), 2026)

No person in a park shall do any of the following, except as authorized by the Director for the purpose of official City programming:

A. Remain, stay or loiter in any public park, between the hours of ten p.m. and six a.m. of the following day, or as may otherwise be designated by minute order or resolution of the City Council. The opening and closing hours for each individual park shall be posted therein by the department of parks and recreation for public information;

B. Set up tents or other temporary shelter for the purpose of overnight camping, nor shall any person park or leave in a park, after closing hours, any vehicle or movable structure to be used, or that could be used, for such purposes, such as a horse trailer, camp trailer, pickup camper, or the like;

C. Park or leave in a park, after closing hours, any vehicle. Signs shall be posted at all park entrances to notify park visitors of the effects of paragraph C of this section.

(Ord. 20-2214, 2020; Ord. 754, § 1, 1976; Ord. 670, § 1, 1974; Ord. 531, § 19, 1972)

Any vehicle or movable structure left in a park after closing hours may be towed away to a public garage at the owner’s expense. Signs shall be posted at all park entrances to notify park visitors of the effects of this section.

(Ord. 752, § 1, 1976)

Any section or part of a park may be declared closed to the public by the Director of parks and recreation at any time, and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or merely to certain uses, as the Director may reasonably find necessary.

(Ord. 531, § 20, 1972)

A. Any park characterized by such unique natural features that it is deemed a valuable and irreplaceable resource may be designated by the City Council either by ordinance or resolution as a nature and/or rural preserve, in which event it shall be used and treated in a manner consistent therewith.

B. Uses shall be limited to those which will maintain and protect the ecology of the area, conserve the natural features and scenic values, expand community awareness and understanding of natural history and the environment, and provide enjoyment of the resources present consistent with their preservation.

C. McClellan Ranch Park is designated a nature and rural preserve.

(Ord. 710, (part), 1975)

The City Council shall by resolution adopt regulations controlling the use and guidelines pertaining to the development of any part designated as a nature and/or rural preserve. Any such regulations adopted by the City Council shall, where inconsistent therewith, take precedence over any general regulations contained in Chapter 13.04.

(Ord. 710, (part), 1975)

The finding of lost articles in parks shall be reported to the department of parks and recreation or the park department personnel on duty.

(Ord. 531, § 21, 1972)

There is conferred upon the City Manager those powers and duties necessary for the administration of this chapter. In addition, there is also conferred upon the City Manager the authority and power to designate such City officers and employees as may be required to carry out the intent and purpose of this chapter.

(Ord. 531, § 22, 1972)

The parks foreman, all park attendants and/or all peace officers authorized or directed by the City shall be responsible for the enforcement of the provisions of the chapter and of any rule promulgated hereunder.

(Ord. 531, § 23, 1972)

Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12.

(Ord. 1179, § 2 (part), 1982; Ord. 531, § 25, 1972)