El Monte Municipal Code Ch. 12.48 Parks and Recreational Activities

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Editor's note— Ord. No. 2973, § 2, adopted April 21, 2020, amended Ch. 12.48 in its entirety to read as herein set out. Former Ch. 12.48, §§ 12.48.010—12.48.070, pertained to parks and recreation facilities, and derived from Ord. 2719 §§ 1—6, adopted in 2008; Ord. 2682 §§ 4, 6, adopted in 2006; Ord. No. 2778, § 4, adopted Sep. 20, 2011.

The City Council ordains that the city's parks and recreational facilities are primarily intended for recreational and/or open space uses. The foregoing notwithstanding, the City Council finds that the public welfare and convenience may still be preserved and/or furthered by permitting certain non-open space and non-recreational uses, provided such subordinate uses do not unduly conflict with or undermine the primary purpose of these community assets and provided such subordinate uses are made subject to such reasonable time, place and manner restrictions as may be set forth in the city's written facilities use policy.

(Ord. No. 2973, § 2, 4-21-2020)

For purposes of this chapter, the following terms and phrases shall have the meaning set forth under this section as follows:

"Authorized city employee" means any following persons acting within the course and scope of their employment:

1. Any El Monte Police Officer;

2. Any City Code Enforcement Officer, Senior Code Enforcement Officer or Code Enforcement Supervisor within the meaning of Section 1.16.030 of the El Monte Municipal Code;

3. Any employee of the El Monte Parks, Recreation and Community Services Division who is designated as an "authorized city employee" by the Director of Parks, Recreation and Community Services; or

4. Any other employee of the city of El Monte who is designated as an "authorized city employee" by the City Manager.

"Park or recreational facility" or "parks or recreational facilities" means any city-owned real property, building, structure or improvement designed and primarily intended for activities such as music, drama, dance, art, handicraft, science, literature, nature study, nature contacting, aquatic sports, athletics and the like, or any of them, and/or any informal play incorporating any such activities. "Parks or recreational facilities" generally include, but are not necessarily limited to playgrounds, sports fields, sports courts, recreation buildings, green spaces and other similar venues. City-owned real property that is leased by the city to a third party shall be excluded from the definition for "park or recreational facility" unless the terms of the lease expressly provides for such use. The following city-owned venues are deemed to fall within the definition of "parks or recreational facilities" as set forth herein:

1. Tony Arceo Memorial Park;

2. Fletcher Park;

3. Rio Vista Veterans Memorial Park;

4. Lambert Park;

5. Zamora Park;

6. Mountain View Park;

7. Baldwin Avenue Mini Park;

8. The El Monte Aquatics Center;

9. The El Monte Historical Museum;

10. Lashbrook Park;

11. Gibson Mariposa Park;

12. Any other real property that satisfies the definition, including any real property leased by the city from a third party or maintained by the city by agreement.

"Person" means any natural person, individual, firm, association, organization, general partnership, limited partnership, corporation, limited liability company, limited liability partnership, business trust, living trust, joint venture, the federal government of the United States, the State of California, the County of Los Angeles or any other public agency.

(Ord. No. 2973, § 2, 4-21-2020)

A. Unless an authorized city employee is present and on duty, no person, other than an authorized city employee, may enter upon, remain in, occupy, or visit any park or recreational facility between the hours of ten p.m. and five a.m. or such alternative hours of operation as may be posted by the city. Any person who remains in, occupies or visits a park or recreational facility in violation of this subsection shall be guilty of a misdemeanor.

B. No person may remain on the premises of any park or recreational facility when asked to leave by an authorized city employee. Any person who remains on, or refuses to depart from, the premises of any park or recreational facility in violation of this subsection shall be guilty of a misdemeanor.

(Ord. No. 2973, § 2, 4-21-2020)

A. In the interest of safeguarding and/or furthering the public health, safety and welfare, the City Council may establish a facilities use policy for the use of any or all parks or recreational facilities in the city. The facilities use policy shall, among other things, set forth rules regulating the rental or use of any or all recreational facilities, the time and manner of application for such use, the charges to be paid for such use and other similar administrative matters. The facilities use policy shall be established, and may from time to time be amended, by City Council resolution.

B. Except as otherwise authorized under Chapter 9.12 (Alcoholic Beverages) of the El Monte Municipal Code, the sale, distribution, consumption or possession of alcoholic beverages on upon any park or recreational facility is prohibited.

(Ord. No. 2973, § 2, 4-21-2020)

The following activities are prohibited within all parks and recreational facilities as defined in this chapter:

A. To throw upon, along or across any public highway, street, roadway or driveway any missile capable of causing personal injury or damage to personal property, or to throw such missile at or toward, or in the vicinity of any vehicle standing or moving along, upon or across any section, highway, street, roadway or driveway;

B. To take or otherwise transport, or have in possession therein, or to fire or discharge therein, any firearm, firecracker, rocket, torpedo, fireworks, gun or slingshot;

C. To pick, dig, move, destroy, injure, mutilate or cut any tree, plant, shrub or bloom, flower, or any portion thereof, growing therein;

D. To cut, break, injure, vandalize, deface or destroy any structure, apparatus, equipment or property therein, building, monument, sign, fence or bench, or any portion thereof, or to make or place thereon, or any portion thereof, any mark, writing or printing, or to attach thereto any sign, card, display or other similar device;

E. To throw, place or dispose of any garbage, refuse or can in any place therein other than into a garbage can or other receptacle maintained therein for that purpose, or to throw, place or dispose of any wastepaper or refuse in any place other than into an incinerator, or into some can or receptacle maintained therein for that purpose;

F. To bring or maintain therein any dog, unless such dog is kept at all times under a leash under full control of its owner or custodian (unless within a dog off-leash area or as otherwise provided under state or federal law) or failure to dispose of any animal waste in any trash receptacle;

G. To disturb the peace or quiet therein by any undue loud or unusual noise, or by tooting, blowing or sounding any automobile siren, horn or signal, or any noisemaking device, or any tumultuous conduct, or to use any vulgar, profane or obscene language therein;

H. To solicit in any manner or for any commercial purpose therein, or to sell or offer for sale any goods, wares or merchandise therein, or to distribute, or pass out any commercial handbill, advertising matter or commercial literature therein, unless such act is done pursuant to a permit authorized by the city;

I. To cook or prepare food using a portable barbeque (BBQ) device, other than those BBQs provided by the city;

J. To create, start, or use an open fire;

K. To golf or engage in kite flying;

L. To set up, possess, use, or operate a moon bounce, or similar inflatable devices, without a city permit;

M. To use or operate any motorized bike, scooter, or other motorized two-wheel device;

N. To use or operate any skateboard as defined by Section 12.50.030(D), roller skates, inline skates as defined by Section 12.50.030(E), or other non-motorized multi-wheeled devices;

O. To park or store any vehicle, trailer, or other vehicle of any type between the hours of 10:00 p.m. and 5:00 a.m., or such alternative hours of operation as may be posted by the city;

P. To camp or maintain an encampment; and

Q. To use any tobacco or marijuana products by smoking or vaping.

(Ord. No. 2973, § 2, 4-21-2020; Ord. No. 3034, § 2, 5-7-2024)

Any person who desires the exclusive or semi-exclusive use of all or any portion of a park or recreational facility for the conduct of a community event or special event must apply for a permit authorizing such use. The facilities use policy shall set forth and/or identify:

A. Those parks and/or recreational facilities which may be eligible for such use or the portion of any such parks or recreational facilities which may be eligible for such use;

B. The duration of such use;

C. The procedures for applying for a permit;

D. The requisite criteria for granting a permit; and

E. Such other terms, conditions and responsibilities as may reasonably be imposed upon any person seeking the exclusive or semi-exclusive use of an eligible park or recreational facility or eligible portion thereof.

(Ord. No. 2973, § 2, 4-21-2020)

A dog off-leash area is a fenced dog exercise area within a park or recreational facility, or portion of park or recreational facility, as permitted by the Director of Parks, Recreation, and Community Services. When using a dog off-leash area, a person responsible for a dog shall comply with all posted dog off-leash area rules and regulations.

It shall be a violation of this section to violate any of the following rules and regulations:

A. Dogs are not permitted to be in the dog off-leash area except during the hours that it is open, as posted on the premises.

B. Dogs are not permitted to be in the dog off-leash area when it is closed as posted for maintenance.

C. Dogs must be accompanied by persons responsible for the dog who are eighteen (18) years old or older. A person responsible for the dog is legally responsible and liable for any injury caused by the dog.

D. Children under the age of six (6) years old are not permitted in the dog off-leash areas. Children six (6) to seventeen (17) years of age must be accompanied and supervised by an adult (eighteen (18) years of age or older) while in the dog off-leash areas.

E. Dogs under the age of four (4) months are not permitted in the dog off-leash areas.

F. Dogs not displaying a valid and current county- or city-issued dog license are not permitted to use the dog off-leash areas. Dogs must be current on vaccinations and licensing. Unlicensed dogs or dogs with communicable diseases are not allowed at any time.

G. Dogs that are sick or injured are not permitted in dog off-leash areas.

H. All dogs using dog off-leash areas must be neutered or spayed.

I. No more than three (3) dogs are allowed per person responsible in attendance in the DOG OFF-LEASH AREA.

J. Dogs exhibiting aggressive or other behavior that jeopardizes human or animal safety are not permitted and are to be immediately removed.

K. Any dog(s) which has been declared vicious or potentially dangerous, pursuant to Chapter 10.37 of the Los Angeles County Code, or any dog that has been declared "vicious," "dangerous," "potentially dangerous," or a "public nuisance," or an attack dog, guard dog or sentry dog, as defined in California Health and Safety Code section 121875 et seq., is not permitted to enter or remain.

L. Nothing in this section shall prohibit law enforcement personnel from being accompanied by a trained police dog or military working dog at any park.

M. If a dog injures a person or another dog, the person responsible for the dog shall immediately provide his/her name and address and the dog owner's name and address, if different, as well as any insurance information requested by or on behalf of the injured person, or by any authorized city employee and shall file a report with the city within five (5) days.

N. Large dogs (over thirty-five (35) pounds) are permitted only in designated large dog areas, and small dogs (under thirty-five (35) pounds) are permitted only in designated small dog areas.

O. A person responsible for a dog shall remove dog feces and shall dispose of it in waste containers for that purpose. It is the responsibility of each person responsible for a dog(s) to supervise and clean up after his/her dog(s) to ensure a clean and orderly dog off-leash area.

P. A person responsible for a dog must remain with his/her dog(s) in dog off-leash areas, must keep his/her dog(s) in sight at all times, and must keep his/her dog(s) under voice control at all times.

Q. A person responsible for a dog must stop his/her dog(s) from digging. Any holes created by his/her dog(s) must be filled.

R. A person responsible for a dog shall comply with all rules governing the parks and relevant parking regulations.

S. When not secured within the enclosure of a dog off-leash area, every dog shall at all times be restrained by a leash no more than six (6) feet in length, held in the hand of a person capable of controlling and actually controlling the dog.

T. No person shall harass, tease, or incite any dog in any way in any dog off-leash area, including, but not limited to, verbal or physical gestures or throwing of objects.

U. Dog off-leash areas are non-smoking facilities. Smoking, including the use of electronic cigarette products, is prohibited in dog off-leash areas.

V. No food (for people or dogs) is allowed in dog off-leash areas.

W. No glass containers are allowed in dog off-leash areas.

X. No toys (except toss toys, such as balls and frisbees) are allowed in dog off-leash areas.

Y. Spiked collars on dogs are not permitted in any dog off-leash areas.

Z. Bicycles, rollerblades, roller skates, skateboards, strollers, and similar items are not permitted in any dog off-leash areas. Wheelchairs and other aids for the disabled are permitted.

AA. Dog trainers may not use any dog off-leash area to conduct business.

BB. No person shall play any team sport, including, but not limited to, football, baseball, soccer, rugby, and volleyball, within dog off-leash areas.

CC. Anyone who abandons an animal anywhere, including a dog off-leash area, is subject to a five hundred dollar ($500.00) fine and/or up to six (6) months in jail (California Penal Code section 597s).

DD. Use of dog off-leash areas by any person responsible for a dog shall constitute implied consent of that person to all regulations and shall constitute a waiver of liability to the city and an agreement to protect, defend, indemnify, and hold harmless the city, its officials, and employees for any injury or damage caused by a dog within such dog off-leash area when the dog is not on a leash.

EE. Other Regulations. The Director of Parks, Recreation and Community Services may approve additional administrative regulations relating to the use of any dog off-leash area not inconsistent with this chapter and shall cause those regulations to be posted prominently within the dog off-leash area.

(Ord. No. 2973, § 2, 4-21-2020)

Violation of the provisions of this chapter shall be a misdemeanor and may be punishable by a fine, or imprisonment, or by both such fine and imprisonment. Notwithstanding the city's other rights and remedies, the city may in its sole discretion, charge the party violating this chapter as guilty of a violation punishable by an administrative citation pursuant to Chapter 1.18—Administrative Citations.

(Ord. No. 2973, § 2, 4-21-2020)