Diamond Bar Municipal Code Div. 2 Park Rules and Regulations

The rules and regulations set out in this division apply to all parks except as otherwise expressly stated.

(Ord. No. 14(1989), § 2(17.04.320), 6-27-89)

A person shall not enter, be or remain in any park, or any facility related thereto, except as may be expressly permitted as follows:

(1) Parks without lighted athletic fields or facilities. A person may enter, be and remain in any park without lighted athletic facilities between one-half hour before sunrise and one-half hour after sunset of each day.

(2) Parks with lighted athletic fields or facilities. A person shall be permitted to enter, be, remain in any park which has lighted athletic facilities between one-half hour before sunrise and 10:00 p.m. A person may be permitted to enter, be and remain in any park which has lighted athletic facilities after 10:00 p.m. if such person has obtained, from the city manager or his designee, a park use permit. Such park use permit shall designate, in writing, the name of the responsible person or organization who has permission to enter or remain after 10:00 p.m., the dates such permit has been issued for the number of persons expected to be present and the estimated time at which the permitted person or organization will cease use of the park. The city council shall establish, by resolution, the fee applicable to such permit.

(3) Hours of operation. The city manager, or his designee, shall post the hours of operation in one or more conspicuous locations at each park.

(Ord. No. 14(1989), § 2(17.04.330), 6-27-89; Ord. No. 12(1990), § 2, 9-18-90)

A person, other than a duly authorized park employee in the performance of his duties, shall not:

(1) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, grass, fruit or flower, or any portion thereof, growing in a park;

(2) Remove any wood, turf, grass, soil, rock, sand or gravel from any park; and

(3) Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park or any portion thereof; or mark or place thereon, or on any portion thereof, any mark, writing or printing; or attach thereto any sign, card, display or other similar device.

(Ord. No. 14(1989), § 2(17.04.340), 6-27-89)

(a) A person shall not bring to or operate in any park any motor vehicle except as such times and at such places as permitted by the director in written regulations issued by him from time to time, and any such operation of a motor vehicle shall be in accordance with the conditions contained in such regulations or permit.

(b) A person shall not park any motor vehicle in any park except in areas designated for parking by the director.

(c) Parking is for park patrons only. No person shall park any motor vehicle in a park unless using the park for its intended purpose.

(Ord. No. 14(1989), § 2(17.04.370), 6-27-89; Ord. No. 01(2015), § 1, 1-6-15)

A person shall not bring a house trailer or other recreation traveltrailer type vehicle which can be used for overnight sleeping purposes into any park not having a designated overnight camping area except when authorized by the director for firefighting or other public emergencies.

(Ord. No. 14(1989), § 2(17.04.380), 6-27-89)

(a) Prohibited generally. A person shall not bring into a park any cattle, horse, mule, goat, sheep, swine, dog, cat or other animal of any kind except as hereafter specifically provided or as otherwise permitted by the director.

(b) Dogs and cats permitted under certain conditions. A person may bring and maintain, in any park exclusive of golf courses, a dog or cat if such dog or cat is kept on a leash or chain and under full control of its owner or custodian, or upon written permission of the director when required for authorized park programs.

(c) Horses and similar animals permitted under certain conditions. A person may only lead or ride a horse, mule, donkey or other similar animal on designated trails or in designated equestrian areas subject to all rules and regulations governing their use, or in other park areas upon written permission of the director, subject to the regulations of such use permit.

(d) Grazing livestock prohibited; exceptions. A person shall not permit any cattle, horses, goats, sheep, swine or any domestic animal to graze in any park, except on property designated for such purpose.

(e) Injuring or killing prohibited; exceptions. A person shall not molest, hunt, disturb, injure, shoot at, take, net, poison, wound, harm, kill or remove from any park or riding and hiking trail any kind of animal except:

(1) When necessary to avoid bodily harm;

(2) When fishing or hunting are permitted by the director;

(3) If requested by the administrative head of a park containing a nature museum, he may capture such an animal and deliver it unharmed to the administrative head; and

(4) If a person is a duly authorized park employee and is doing so in the performance of his duties.

(Ord. No. 14(1989), § 2(17.04.400—17.04.430, 17.04.470), 6-27-89)

A person shall not disturb the peace and quiet of any park by:

(1) Any unduly loud or unusual noise;

(2) Tooting, blowing or sounding any siren, horn, signal or noise-making device;

(3) Any obscene, violent or riotous conduct; or

(4) The use of language calculated to incite an immediate, violent breach of the peace.

(Ord. No. 14(1989), § 2(17.04.435), 6-27-89)

A person shall not enter, be or remain in any park while in possession of, transporting, purchasing, selling, giving away or consuming any alcoholic beverage except at a concession facility duly authorized by the city council and properly licensed or in connection with a special event duly authorized by the director for which the sponsoring organization is properly licensed by the state department of alcoholic beverage control. A person shall not enter, be or remain in any park while in possession or transporting, purchasing, selling, giving away or consuming any narcotics and dangerous drugs.

(Ord. No. 14(1989), § 2(17.04.440), 6-27-89)

A person shall not solicit in any manner or for any purpose, or sell or offer for sale any goods, wares or merchandise therein except:

(1) Pursuant to a concession or other agreement authorized by the city council.

(2) A sports team which is a member of a regular sports league and which admits all members of the general public to the sporting event to the extent of capacity without discrimination and without charge to any game played may solicit voluntary contributions from the spectators attending such game.

(3) Pursuant to permission granted by the city council, if the acts permitted will not in any way detract from the use of the park by the public and if the proceeds are used for charitable purpose and the city council so finds.

(4) When found by the director to be consistent with the policies of the department or to promote the programs of the department, under conditions prescribed by him.

(5) A sidewalk vendor who is upon a city sidewalk or city pedestrian path and is otherwise in compliance with this Code.

(Ord. No. 14(1989), § 2(17.04.460), 6-27-89; Ord. No. 01(2019), § 5, 1-15-19)

(a) No person shall appear, bathe, sunbathe, walk, change clothes, disrobe or be in any park in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view, except in those portions of a comfort station, if any, expressly set aside for such purpose.

(b) This section shall not apply to persons under the age of ten years, provided such children are sufficiently clothed to conform to accepted community standards.

(c) This section shall not apply to persons engaged in a live theatrical performance in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances.

(Ord. No. 14(1989), § 2(17.04.480), 6-27-89)

A person shall not throw, place or dispose of any garbage, refuse, waste paper, bottles or cans in any place in a park other than into a garbage can or other receptacle maintained therein for that purpose.

(Ord. No. 14(1989), § 2(17.04.500), 6-27-89)

The lessee, agent, manager or person in charge of a facility under lease or concession from the city, or owned in fee in any city park, shall at all times maintain the premises under his charge in a clean, sanitary condition, free from malodorous materials and accumulations of garbage, refuse, debris and other waste materials. Should the director find that any facility under concession or lease is not so maintained, he shall in writing notify the concessionaire, lessee, agent, manager or other person in charge of the facility to immediately commence and diligently prosecute to completion the necessary correction of the unsanitary condition to the satisfaction of the director. Failure to do so with reasonable dispatch shall be cause for the director to cause the condition to be corrected as he deems necessary, and the costs of such correction to be charged to the lessee, concessionaire, agent, manager or person in charge.

(Ord. No. 14(1989), § 2(17.04.510), 6-27-89)

(a) Within a park, no person shall sell, offer for sale or deliver in bulk any class of flammable liquid or combustible material, except when in compliance with all requirements of the county fire code, and any other laws or regulations applicable thereto.

(b) A person shall not store, transfer, handle or use any flammable liquid or combustible liquids within a park, except under the following conditions:

(1) The storage of class I flammable liquid within a closed storage container or cabinet shall be limited to three gallons in aggregate capacity.

(2) Flammable liquids when stored shall be in an approved safety container.

(3) The storage of combustible liquids within a closed storage container or cabinet shall be limited to six gallons in aggregate capacity.

(4) A person shall first obtain a permit from the fire department to handle or use any flammable liquid or combustible liquid in excess of the quantities mentioned in subsections (b)(1) and (b)(2) of this section.

(c) A person shall not leave stored in any park any empty tanks and containers previously used for flammable or combustible liquids, unless free from explosive vapors, except that empty, approved safety containers may be kept in storage.

(d) A person shall not use any class I flammable liquid for washing parts or for removing grease, dirt or other substances.

(Ord. No. 14(1989), § 2(17.04.520), 6-27-89)

Whenever any buildings, structures or floating facilities within a park, either on land or water, are found to be defective or damaged so as to be unsafe or dangerous to persons or property, it shall be the duty of the concessionaire, agent, lessee, operator or person in charge thereof to immediately post a proper notice and fence or barricade and at night to adequately light such unsafe area, and such unsafe area shall be kept posted and lighted and fenced or barricaded until necessary repairs are made. If the concessionaire, agent, lessee, operator or person in charge fails or neglects to repair or to put up fences or other barriers to prevent persons from using or going upon the unsafe areas, the director may then take such measures as he may deem necessary for the protection of the public, and charge the cost of same to such concessionaire, lessee, agent, operator or person having charge of the buildings, structures or facilities that are defective or dangerous.

(Ord. No. 14(1989), § 2(17.04.580), 6-27-89)

A person shall not light or maintain any fire in any park other than in a stove, fire circle or area designated for such purpose, except upon written authorization from the director. All fires lighted or maintained pursuant to this section shall be in compliance with all applicable rules and regulations of the county air pollution control district, United States Forest Service, and any fire department having jurisdiction over the respective park areas.

(Ord. No. 14(1989), § 2(17.04.590), 6-27-89)

A person shall not place, throw, leave, keep or maintain any object in such a manner or in such a place that any person or animal may be injured or any structure or vehicle may be damaged thereby.

(Ord. No. 14(1989), § 2(17.04.600), 6-27-89)

A person shall not take or transport into any park, or have in his possession therein, or fire or discharge therein any firecracker, rocket, torpedo, fireworks or other explosive substance unless he first obtains a permit to do so from the director and complies with all other applicable ordinances.

(Ord. No. 14(1989), § 2(17.04.610), 6-27-89)

A person shall not bring into, discharge, or shoot any firearms, air gun, slingshot, or bow and arrow in any park except at areas designated for such purpose by the director.

(Ord. No. 14(1989), § 2(17.04.620), 6-27-89)

A person shall not operate model airplanes except in areas designated for such use, and subject to all rules and regulations contained in such written permission.

(Ord. No. 14(1989), § 2(17.04.630), 6-27-89)

A person shall not hitch or pull by any vehicle upon, along or across any road or driveway any toboggan, sled, skis or any other type of winter sports equipment. A person shall not use any toboggan, sled, skis or any other type of winter sports equipment upon, along or across any road or driveway.

(Ord. No. 14(1989), § 2(17.04.640), 6-27-89)

A person shall not play or practice golf (including, but not limited to, driving, chipping or putting a standard or simulated golf ball), except in a golf course, driving range and/or areas permitted by the director, and subject to all rules and regulations posted at such areas.

(Ord. No. 06(1997), § 1, 9-2-97)

(a) Skateboarding, non-motorized scooters and in-line skating are permitted in any skateboarding facility designated by resolution of the city council.

(b) No person shall enter the fenced area of the skate park without wearing a helmet, elbow pads and kneepads ("required protective equipment") at all times.

(c) Bicycles and all other wheeled vehicles not specifically permitted in paragraph (a) are prohibited from entering the fenced area of the skate park.

(d) Violation of this section or of any provisions thereof shall be deemed an infraction and punishable as provided in section 1.04.020 of the Municipal Code.

(e) Signs shall be posted at the skate park providing reasonable notice of the requirements of this section and the penalties for failing to comply with the requirements of this section.

(f) This section will expire six months after its effective date unless extended by the city council.

(Ord. No. 03(2000), § 1, 6-6-00; Ord. No. 02(2002), § 1, 1-29-02; Ord. No. 08-2005, § 1, 7-5-05)

The following rules govern the use of dog parks in the city. No person shall violate or allow his or her dog to use a dog park in violation of the following rules:

(a) Dog park hours are from one-half hour before sunrise to one-half hour after sunset.

(b) The dog park is for use by dog owners and their dogs only. All other activities are prohibited. No animals aside from dogs are permitted.

(c) Handlers may not bring more than three dogs at any one time.

(d) Dog owners must leash their dog(s) outside of the fenced area of the dog park.

(e) Leashed dogs are not permitted within the fenced area of the dog park.

(f) Dogs with spiked collars are not allowed.

(g) Adults must accompany children under the age of 14 years.

(h) Dogs must never be left unattended.

(i) All dogs must wear a current license and vaccination tags.

(j) Unruly dogs are not allowed. For purposes of this paragraph, an unruly dog is a dog that consistently exhibits dominant aggression toward other dogs.

(k) Female dogs in heat are not allowed.

(l) Dogs are allowed only in the area that is designated for their weight class. Small dogs are under 25 lbs.; large dogs are 25 lbs. and over.

(m) Puppies under four months old are not permitted inside the dog park.

(n) Dog owners must clean up after their dog(s).

(o) Owners must stop their dog(s) from digging. Any holes created must be filled by the owner of the dog(s).

(p) No alcohol or drug use is permitted.

(q) No spectators are permitted inside the fenced area of the dog park.

(r) Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the dog park.

(s) No food or eating is allowed in the fenced area of the dog park.

(t) Glass containers are not allowed in the fenced area of the dog park.

(u) Special events or contests are not allowed in the dog park without first obtaining written authorization from the community services department.

(v) Users must obey all other park rules.

(Ord. No. 11(2012), § 2, 8-7-12)

Dog park users use the dog park at their own risk. The city is not responsible for injuries incurred by or illnesses contracted by persons or dogs as a result of their use of the dog park.

(Ord. No. 11(2012), § 2, 8-7-12)

Violation of section 12.00.430 or of any provisions thereof shall in addition to any other remedies contained in this Code, be deemed an infraction and punishable as provided in section 1.04.010(b) of the Municipal Code. Any person violating any of the rules set forth in section 12.00.430 shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the dog park rules is committed, continued, or permitted. The city reserves the right to eject anyone from the dog park for violating posted rules.

(Ord. No. 11(2012), § 2, 8-7-12)

Signs shall be posted at the dog park providing reasonable notice of the requirements of section 12.00.430 and the penalties for failing to comply with the requirements of that section.

(Ord. No. 11(2012), § 2, 8-7-12)

(a) Purpose and findings. The city council finds that smoking of tobacco, or any other weed, plant, or substance is a positive danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those present in confined and unconfined spaces, and in order to serve the public health, safety, and welfare, the declared purpose of this section is to prohibit the smoking of tobacco products, or any other weed, plant, or other substances within the boundaries of any public park.

(b) Definitions. As used in this section, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context:

Cannabis has the meaning set forth in California Business Professions Code § 26001, as that section may be amended from time to time.

City means the City of Diamond Bar.

Electronic smoking device means an electronic and/or battery-operated device that can be used to deliver an inhaled dose of nicotine, or any other substance, including any component, part, or accessory of such a device, whether or not sold separately. Electronic smoking device includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

Enforcement official shall have the same meaning as section 1.04.020.

Park shall have the same meaning as section 12.00.020 of this Code. The Diamond Bar Center is excluded from this definition.

Smoke means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, nicotine, marijuana, cannabis, cocaine, or heroin and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term smoke includes, but is not limited to, tobacco smoke, electronic smoking device vapors, marijuana or cannabis smoke, crack cocaine or heroin smoke.

Smoking means the release of gases, particles, or vapors into the air as the result of combustion, electrical ignition, or vaporization and/or inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product, including, but not limited to, tobacco and marijuana, intended for human inhalation.

(c) Smoking prohibited. Smoking is prohibited and is unlawful within all areas posted as a no smoking area by the city by signs conspicuously posted at or near the primary entrance(s) to a public place or area where smoking is prohibited, including, but not limited to:

(1) Within any park, including its parking lots.

(2) Within 50 feet of any park perimeter, provided that if any such perimeter encroaches on private property, this prohibition shall not apply to the private property. This prohibition shall also not apply to any paved public sidewalk immediately abutting the boundary of the park or to persons and vehicles travelling along the public streets and sidewalks.

(d) Disposal of smoking waste. No person shall dispose of any tobacco product or instrument including, but not limited to, cigarettes or cigars, or any part of a cigarette or cigar, matches, electronic smoking device, or any other combustible substance, in any place where smoking is prohibited under this section.

(e) Administration. The no smoking regulations established by this section shall be administered by any enforcement official.

(f) Violations and penalties.

(1) Infraction. A violation of this section is an infraction and shall be punished pursuant to chapter 1.04 of this Code.

(2) Nonexclusive remedies and penalties. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code § 13002, Penal Code § 374.4, or any other law proscribing the act of littering or smoking. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

(3) Nothing in this section shall preclude the enforcement of state and federal laws that pertain to smoking.

(Ord. No. 04(2024), § 2, 8-6-24)