Diamond Bar Municipal Code Div. 1 Generally

This chapter shall be known as and may be cited as the "park ordinance."

(Ord. No. 14(1989), § 2(17.04.220), 6-27-89)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverage means alcohol, spirits, liquor, wine, beer and every liquid containing one-half of one percent or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

Director means the community services director, or other person authorized by him pursuant to law to act in his stead.

Distress means a state of disability which, if unduly prolonged, could endanger life or property.

Emergency means a state of proximate danger to life or property in which time is of the essence.

Fire department means the county fire department.

Motor vehicle means any multiwheeled, treaded, or sled-type vehicle that is propelled by a motor engine, including any vehicle commonly known as a motorized recreation vehicle.

Motorcycle means any self-propelled vehicle that is presently defined by Vehicle Code §§ 400 and 405 as a motorcycle or a motor-driven vehicle.

Narcotics and dangerous drugs mean those narcotics and drugs listed or defined in the Health and Safety Code as now or hereafter amended.

Park means every park, roadside rest, golf course, reservoir, riding and hiking trail, open space easement to which the public has an unrestricted right of access and use for park or recreation purposes, and every other recreation facility owned, managed or controlled by the city and under the jurisdiction of the director, in either incorporated or unincorporated territory.

(Ord. No. 14(1989), § 2(17.04.010, 17.04.050—17.04.080, 17.04.100—17.04.130), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

The director is vested with authority over and control of all facilities owned, leased, controlled, constructed or maintained by a lessee or private fee owner in any park, for the purpose of causing to be corrected any condition which violates or which would tend to cause or contribute to any violation of the purpose and provisions of this chapter.

(Ord. No. 14(1989), § 2(17.04.240), 6-27-89)

The director may place and maintain, or cause to be placed and maintained, such signs, notices, signals, or control devices as he deems necessary to carry out the provisions of this chapter, or to ensure public safety and orderly and efficient use of any park. A person shall not willfully fail to obey any sign, notice, signal or control device placed or erected pursuant to this section.

(Ord. No. 14(1989), § 2(17.04.250), 6-27-89)

Permission to be within the limits of any park, or to use any facilities, is conditioned on the person present in the park complying with all applicable provisions of this chapter or any other applicable laws, ordinances, rules and regulations. A violation of any provision of this chapter or of any order, rule or regulation authorized by this chapter, or of any other applicable law, ordinance, rule or regulation shall result in the person so violating being a trespasser ab initio, and the sheriff or director may eject any such person from a park.

(Ord. No. 14(1989), § 2(17.04.260), 6-27-89)

Except as specifically provided in this chapter, the director shall enforce the provisions of this chapter.

(Ord. No. 14(1989), § 2(17.04.270), 6-27-89)

A person exercising any of the privileges authorized by this chapter does so at his own risk without liability on the part of the city, its officers, employees and agents, for death or injury to persons or damage to property resulting therefrom.

(Ord. No. 14(1989), § 2(17.04.290), 6-27-89)

(a) Any person who violates any provisions of this chapter, the conditions of any permit issued pursuant thereto, or any rule or regulation relating to parks and recreation areas, is guilty of an infraction. Upon conviction thereof, he shall be punishable as provided in section 1.04.020.

(b) Notwithstanding the provisions of subsection (a) of this section, violation of sections or subsections 12.00.220, 12.00.230, 12.00.260(b) and (c), 12.00.270, 12.00.280, 12.00.320—12.00.350, 12.00.370, 12.00.380 and 12.00.510 is a misdemeanor, punishable as provided in section 1.04.010.

(c) A repetition or continuation of any violation of any provision of this chapter, or of any order or direction of the director on successive days, constitutes a separate offense for each day during any portion of which such violation is committed, continued or permitted.

(Ord. No. 14(1989), § 2(17.04.300), 6-27-89)