Daly City Municipal Code Ch. 12.36 Parks and Recreational Areas

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"City" means the City of Daly City.

"Commission" means the recreation commission of the city.

"Director" means the director of library and recreation services.

"Maintained areas" means a median, street tree well, easement, right-of-way, used in connection therewith or under the operation, maintenance or responsibility of the parks and recreation department.

"Parks" means a park, reservation, playground or recreation center, including all buildings and personal property located therein and all parking areas adjacent thereto, all buildings used in connection therewith, and all roadways used in connection thereto.

(Ord. 1214 § 1, 1995; Ord. 864 § 1 (part), 1978: prior code § 19A-1)

(Ord. No. 1360, § 7, 4-9-2012)

Hours of Public Use: All parks and recreation areas and facilities therein, including parking lots serving said areas, shall be closed to the public between sunset and sunrise the following morning. No person shall remain, stay or loiter in any public parking park with the following exceptions:

1. The parking lots serving the immediate area of any park or park building may remain open during the time said park or park building is being used and for one hour after the closing thereof.

2. Such areas and facilities may remain open during any recreation program conducted or authorized therein or thereon by the department and for one hour after the completion thereof.

3. Outside lighted recreation areas shall be closed at 10:30 p.m.

(Ord. 864 § 1 (part), 1978: prior code § 19A-2)

(Ord. No. 1402, § 1, 11-9-2015)

The hours established by Section 12.36.020 shall not apply to the parking lot serving the immediate area of:

A. Any municipal recreation building during the time said building shall be used for recreation or other authorized purposes and for one hour after the closing thereof;

B. Any recreation program conducted or authorized by the recreation department and for one hour after the completion thereof.

(Ord. 864 § 1 (part), 1978: prior code § 19A-3)

No person shall enter, use, cross or remain in any park or recreation area and the parking lots adjacent thereto, except during the hours such park, recreation area and parking lots shall be open to the public as set down in Sections 12.36.020 and 12.36.030.

(Ord. 864 § 1 (part), 1978: prior code § 19A-4)

No person, group or organization in any park or recreational area shall:

A. Open, expose or interfere with any water or gas pipe, hydrant, stop cock, sewer basin or other construction;

B. Remove turf, soil, grass, rock, sand or gravel, tree, shrub or wood or portion thereof;

C. Make or kindle a fire for any purpose except in places provided for such purposes or in a portable barbecue used in an area designated for such purpose;

D. Play or practice golf or archery, or fly motor-driven model airplanes except in areas specifically designated and posted for such purpose;

E. Take into, exhibit or use any firearm, airgun, slingshot, firecracker, torpedo, rocket or weapon of any sort designed to cast fear into another, whether manufactured or improvised, including the use of any item or utensil of whatever design or intended use in such manner as to approximate a weapon or to cast fear into another;

F. Cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus, or property; or mark or write upon any building, monument, fence, bench or other structure;

G. Practice, carry on, conduct or solicit for any trade, occupation, business or profession without a license therefor filed with the director and approved by the commission;

H. Sell or offer for sale, for commercial purposes, any merchandise, article, or thing, whatsoever, without a license therefor filed with the director and approved by the commission;

I. Use or attempt to use or interfere with the use of any table, space or facility which at the time is reserved for any other person or group;

J. Enter any area which is posted as being closed to the public to protect growth or establish plants or which is used as a service facility or which is under repair;

K. Operate or park any vehicle, whether licensed or unlicensed under the provisions of the Vehicle Code of the state, except upon areas designated or as may be permitted by the director and/or the commission;

L. Place litter or debris elsewhere than in containers designed to receive such litter or debris; and

M. Play any game of chance or carry on betting of any kind;

N. Play or practice baseball, softball or other ball-playing in areas where it is determined unsuitable for such ball-playing and where it is posted that such ball-playing is prohibited.

O. Ride or use a skateboard, roller skates, roller-blades, in-line skates, or similar devices at a city skate park facility without wearing safety equipment which shall include a helmet, elbow pads and knee pads. Notwithstanding any other provision of this section, violation of this subsection (O) shall be an infraction.

P. Use unmanned aircraft systems (drones) of any size.

(Ord. 1285 § 2 (part), 2001; Ord. 1201 § 1, 1994; Ord. 864 § 1 (part), 1978: prior code § 19A-5)

(Ord. No. 1402, § 2, 11-9-2015)

The director may promulgate rules and regulations governing the use of the city's parks and recreational facilities and shall provide for the posting or other distribution of said rules and regulations. Copies of said rules and regulations shall be maintained at the city clerk's office.

(Ord. 1285 § 3 (part), 2001)

The director shall enforce the provisions of this chapter.

(Ord. 864 § 1 (part), 1978: prior code § 19A-6)

The city manager may close any park or recreational area and remove all persons therefrom when in his judgment such closing will best preserve the public peace, prevent damage to public property or quell riots, mobs or violence. The city manager may also cause any and all persons, whose presence on the premises is disruptive to the normal and safe use and enjoyment thereof by the greatest number of people, to be removed.

(Ord. 864 § 1 (part), 1978: prior code § 19A-7)

A. As to any permit required either by rules and regulations of the recreation commission or by the provisions of this chapter, the applicants shall file an application upon a form to be approved by the director. The director, upon receipt of the application, shall submit the same to the commission at its next regular meeting, with the director's comments in connection therewith.

B. The commission shall either approve, disapprove or may continue the granting of such application, and in connection with its approval, may impose any conditions that are reasonably necessary to effect the purposes of this section, the use of the park and to prevent injury and destruction to the park.

C. In the event that any person disapproves of the action of the commission in granting or denying a permit, then an appeal can be filed with the city clerk within ten days of the action of the commission denying or approving the application. The city council shall set the matter for hearing at its next regular meeting of the city council after the appeal has been filed with the city clerk. The matter shall be set not less than fourteen days nor more than forty-five days after the date which it sets the hearing.

D. The decision of the city council upon such appeal shall be final.

E. The city council may reverse, modify or affirm the actions of the commission upon such terms and conditions as it may deem appropriate.

F. A permittee shall be bound by all rules and regulations of the commission, the director, the permit and all applicable ordinances as if the same were inserted in said permit.

G. The commission shall have the authority to revoke a permit after a hearing, upon giving ten days' notice of the hearing to permittee for a violation of any rule, ordinance or upon good cause shown.

(Ord. 864 § 1 (part), 1978: prior code § 19A-8)

The city shall maintain and keep in repair the parks system, maintained areas, and all of the park amenities; provided, that the failure of such service or the injury thereto rendering repairs necessary does not result from the careless or improper act or omission on the part of the property owner or tenant on the premises underlying the city easement or right-of-way. In which event, the person causing the improper act or omission shall pay the cost of repairing or replacing the same. Otherwise the property owner shall be billed until all charges, costs, unpaid bills, and the cost of repairs are paid.

(Ord. 1214 § 2 (part), 1995)

Only persons authorized by the city shall in any way alter any property or maintained areas of the parks and recreation department. No person, unless authorized by the city, shall work with, on, or around, or in any way disturb the property or maintained areas of the parks and recreation department.

(Ord. 1214 § 2 (part), 1995)

Violation of any provision or section of this chapter shall be deemed to be an infraction. Each person convicted of a violation determined to be an infraction shall pay the following:

A. A fine not exceeding fifty dollars for a first violation;

B. A fine not exceeding one hundred dollars for a second violation of the same chapter within one year; and

C. A fine not exceeding two hundred fifty dollars for each additional violation of the same chapter within one year.

(Ord. 864 § 1 (part), 1978: prior code § 19A-9)