East Palo Alto Municipal Code Ch. 12.04 Park Regulations

No person may do the following acts within the limits of a park:

A. Drive or let loose any cattle, horse or other livestock, except that this shall not apply to a dog when led by a cord or chain not more than six feet long;

B. Cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other structure;

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

D. Distribute handbills or circulars;

E. Swim, bathe, wade in or pollute the waters of a fountain, pond, lake or stream, except that wading and swimming shall be permitted in pools provided for these purposes;

F. Make or kindle a fire for any purpose, except at places provided for that purpose, without special permission from the director of public works or his/her designee;

G. Camp or lodge at any place not set apart for that purpose without prior written permission of the city manager or his/her designee;

H. Ride, drive or propel a vehicle except on the paths, roads or drives provided for that purpose;

I. Indulge in riotous, boisterous, threatening, indecent or immoral conduct, or abusive, threatening or profane language, or throw stones or missiles;

J. Sell or offer for sale any article whatsoever, without prior written permission of the city manager or his/her designee;

K. Play or practice golf or archery, or fly motor driven model aircraft in any park except in areas specifically designated and posted for those activities;

L. Play or bet at any game which is played with cards, dice or other devices, for money, chips, credit or other representative of value, or maintain or exhibit a gambling table or other instrument of gambling;

M. Practice or solicit for any trade, occupation, business or profession without the written permission of the city manager or his/her designee;

N. Drive a dray, truck, wagon, cart, or other vehicle, carrying or used in carrying goods, lumber, oil, dirt, manure, sand or soil, or any article of commerce or any offensive material on any road, except when done for the improvement of the park and at the direction of the city manager or his/her designee;

O. Play or engage in any game, except at such place as shall be especially set apart for that purpose;

P. Enter or remain, or park a vehicle between sunset and sunrise without the written permission of the city manager or his/her designee. However, this subsection shall not prevent persons from camping overnight (with or without vehicles) in any portion of a park set aside for that purpose as posted by the city;

1. "Sunset" means the setting of the sun below the western horizon.

2. "Sunrise" means the rising of the sun above the eastern horizon.

3. "Remain" means to linger or stay, whether on foot or in a vehicle; or fail to leave the park premises when requested to do so by a police officer or the person in control of the park premises;

Q. Carry, exhibit or use a firearm, air gun, sling shot, firecrackers, torpedoes, rockets or other fireworks or other similar article;

R. Go upon a lawn or grass plot, where prohibited by the city manager or his/her designee as indicated by legible signs;

S. Open, expose or interfere with any water or gas pipe, hydrant, stopcock, sewer, basin or other construction;

T. Use a sound amplification system without the prior approval of the city manager or his/her designee. The permittee shall keep the sound level of the amplification system at a reasonable level to avoid disturbing other people. The determination of a reasonable sound level shall be made by the patrolman on duty and all instructions of the patrolman shall be complied with immediately. Any group desiring to use city installed public address systems shall be required to employ an operator for the system who has been approved by the city manager or his/her designee and is paid the reasonable fee prescribed by the city manager or his/her designee.

(Ord. 205 § 1, 1996; prior code § 5-13.101)

(Ord. No. 347, § 2, 10-4-2011)

A. Use of registration areas. The city manager or his/her designee may designate areas of a park the usage of which is heavy and may restrict their use to persons or groups registering in advance. Assignment shall be on a first come first served basis, except that in cases of periodic use, such as for city organized picnics, annual picnics of employee groups, folk dance groups, the city manager may assign the area without regard to who first applied, if a suitable alternative area is available for the use of the first applicant.

B. Use of special activity areas.

1. The city manager or his/her designee may designate certain areas or certain parks to be used for special or limited activities. The use of such areas shall be subject to prior permission.

2. No group of more than fifty (50) persons may conduct a picnic, celebration, or parade, service or exercise in a park without prior permission.

3. Groups with permits issued in accordance with Subsection 4 below may use beer and/or wine with food as long as they conduct themselves in an orderly manner.

4. Application and permit for use of special activity area or group activity.

a. A person or group desiring to use an area or conduct an activity described in Subsections B.1, B.2, or B.3 of this section shall submit application in writing in such form and containing such information as the city manager or his/her designee may prescribe. The application shall be made fifteen (15) days before the use or activity is to begin. In case of emergency or where the city manager is otherwise informed of the nature of the use or activity, he/she may, in his/her discretion, waive the filing of a written application or the time limit.

b. The city manager or his/her designee is granted the following powers and assigned the following duties:

i. He/she shall assess and evaluate the police problems arising from the activity or use requested, and considering the age of the participants, the hour of the activity, the type of the activity, the content and type of advertising, the condition of the premises, including access, the current level of delinquency in the community at large and the locale of the activity in particular, and other similar and pertinent factors and he/she shall designate the minimum number and type of persons required to be present to enforce laws and regulations and maintain decorum and pedestrian and vehicular traffic control at and around the premises of the activity.

ii. She/he shall assess and evaluate the activity use of the requested area of the park, and considering the nature of the activity or use, shall determine whether or not it will create unusual wear and tear of park property or accumulation of trash. The city manager or his/her designee may impose conditions on the activity or use reasonably calculated to decrease or eliminate the problems found.

iii. His/her decision shall be based on the exercise of his/her discretion in light of the above factors and to promote and protect the health, safety and welfare of the participants in the activity, spectators and property, including the property involved and the community at large.

c. The city manager or his/her designee shall issue a permit for the use or activity proposed. The permit shall be considered effective when entered on the park records, except that any special conditions shall be in writing. The permittee shall comply with any special conditions imposed under subsection B.3.b. of this section.

d. Any interested person may appeal a decision of the city manager or his/her designee made under this section and relating to an application for a permit for the use of a special activity area or group activity to the city manager who shall immediately hear and consider the matter and grant, grant with conditions, or withhold the permit.

C. Sectarian services prohibited. No area of a park may be used for conducting sectarian religious services.

D. Exclusive use of park areas. No person or group shall use or interfere with the use of an area assigned to another person or group by registration or permit issuance as provided in this section.

(Prior code § 5-13.102)

(Ord. No. 347, § 2, 10-4-2011; Ord. No. 398, § 2, 7-19-2016)

A. A "skate boarding facility" is a public facility that is designed for use by persons riding skateboards, in-line skates, or roller skates, and which is designated a "skate boarding facility" by the city.

B. No person in a skate boarding facility shall:

1. Ride a skateboard, in-line skates or roller skates unless that person is wearing a helmet, elbow pads, and knee pads;

2. If under the age of twelve (12), enter or use the skate boarding facility unless accompanied by a parent or adult guardian;

3. Ride, operate, or utilize any device other than a skateboard, in-line skates or roller skates (prohibited devices include, but are not limited to, bicycles, BMX bikes, scooters, other wheeled devices and any motorized device whether electric or gas powered);

4. Ride, operate, or utilize a skateboard, in-line skates or roller skates while wearing earphones or headsets;

5. Use, consume, or possess food, beverages, glass bottles, or any breakable glass item on the skating surface;

6. Place or utilize additional obstacles or other materials (including but not limited to ramps or jumps);

7. Engage in stunt, trick, speed skating, luge skating or reckless behavior, (including, but not limited to, tandem riding, pushing, horseplay, and bullying), or any other activity that could endanger the safety of persons using the skate boarding facility or spectators;

8. Enter the skate boarding facility at any time except during the posted hours of operation and when the facility usage sign says "open" and the gate is unlocked;

9. Bring in any pets or other animals.

C. The city shall erect and maintain visible signs at all skate boarding facilities which shall afford notice that any person skating in the facility, as required by Health and Safety Code Section 115800, must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under Chapter 1.12 of this Code.

(Ord. No. 347, § 1, 10-4-2011)

No person having the control or care of any dog shall permit the dog to enter or remain in a park unless it is led by a leash of suitable strength no more than six feet long. The owner and the attendant shall be responsible for and make good damage caused by such dog, even if on leash.

(Prior code § 5-13.103)

No male person over eight years of age shall enter or use any toilet or restroom for women in a park.

(Prior code § 5-13.104)

No person or persons shall gather together in a walk, driveway, pathway or other place set apart for the passage of persons or vehicles in such a manner that the free passage or use by persons or vehicles is obstructed.

(Prior code § 5-13.105)

No itinerant vendor shall sell, or offer to sell, merchandise in or along a street adjoining or approaching a park, within two hundred (200) feet of an entrance.

(Prior code § 5-13.106)

No person shall hunt, pursue, throw stones or missiles at, or molest or disturb an animal, bird or reptile within the confines of a park.

(Prior code § 5-13.107)

Except as provided below, no person shall possess or consume an alcoholic beverage in a park. "Alcoholic beverage" means and includes, alcohol, spirits, liquor, wine, beer, ale malt liquor and any liquid or solid containing alcohol, spirits, wine, beer, ale or malt liquor, and which contains 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.

Further, it is unlawful to have or possess a glass bottle of any type in a city park.

Further, wine and or beer may be used with food by groups of persons with permits issued in accordance with Subsection 12.04.020.B 4.a. In a permitted use, wine or beer may be served in glass bottles, the possession of which is specifically allowed for the permitted event.

(Ord. 205 § 2, 1996: prior code § 5-13.108)

(Ord. No. 398, § 3, 7-19-2016)

No person shall deposit paper, fruit, rubbish, debris, trash or waste material in a public park, except in receptacles provided. No person shall bring garbage, refuse or waste materials from private premises into a park and deposit it in the park or in waste receptacles in the park.

(Prior code § 5-13.109)

No person shall throw or place paper, bottles, trash, refuse or any other article on the ground or in a fountain, lake, pond or stream in a public park.

(Prior code § 5-13.110)

No person shall remain in, or place anything in, a public place or way in a park so as to obstruct or unreasonably hinder the use for which such place was designed.

(Prior code § 5-13.111)

Any person, violating or causing the violation of any of the provisions of this chapter, is guilty of a misdemeanor.

(Prior code § 5-13.112)

(Ord. No. 334, § 28, 7-20-2010)