Chapter 93 — PARKS AND RECREATION

(A) The Recreation and Parks Commission is hereby created and shall consist of nine members.

('63 Code, § 11-4.01)

(B) The Recreation and Parks Commission shall have the following powers and duties:

(1) To serve in an advisory capacity to the Council, the City Manager, and the Director of Public Works in all matters pertaining to public recreation, public parks, squares, and grounds;

(2) To make recommendations to the Council, the City Manager, and the Director of Public Works with respect to the provisions of the annual budget for recreation and park purposes;

(3) To accept and reject offers of donations of money, personal property, and real estate to be used for recreation and park purposes, subject to approval by the Council;

(4) To prepare and recommend to the Council, the City Manager, and the Director of Public Works a comprehensive municipal recreation and park program for the inhabitants of the city, to promote and stimulate public interest therein, and to solicit to the fullest possible extent the cooperation of school authorities and other public and private agencies interested therein;

(5) To establish schedules of charges for services rendered by the Department of Public Works, subject to approval by the Council;

(6) To prepare and recommend for adoption by the Council rules and regulations for the use and improvement of public parks and recreation areas, squares, and grounds in the city, including playgrounds, concessions, and recreational facilities and programs installed and maintained therein;

(7) To prepare and recommend to the Council, the City Manager, and the Director of Public Works policies for the acquisition, development, and improvement of parks and recreation areas; and,

(8) To perform such other duties relating to recreation and park matters as may be prescribed by the Council. ('63 Code, § 11-4.02)

(Ord. 2874, passed 7-18-61; Am. Ord. 375-C.S., passed 10-19-82)

(A) Statement of purposes. The City Council finds that:

(1) The streets, parks, public buildings and grounds, and other public areas in the city should be readily accessible and available to residents and the public at large. Public property within the city is not specifically designed for the purposes of camping or overnight sleeping activities and so does not have the facilities necessary to protect the property from overuse and unsanitary conditions potentially injurious to public health. The use of public property for camping purposes interferes with the rights of others to use the areas for the purposes for which they were intended, such as transportation, municipal operations, recreation, and open space.

(2) There is no specific site or sites that should be designated for camping because it is the experience of the city and other municipalities that sites where camping is continuous or camping populations are numerous become public health, environmental degradation, and policing problems.

(3) Camping activities may constitute a public health and safety hazard when conducted without the proper security and sanitary facilities and precautions. The necessity to clean up, repair or remediate public property that has been used for unlawful camping may result in substantial costs to the public.

(4) This section must be interpreted not to criminalize any person based on their status as a homeless individual. To that end, whenever an issue of interpretation arises, this section must be interpreted in a manner consistent with the holding in Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584.

(5) The law enforcement response to a violation of this section should prioritize the city's restorative justice and diversion programs in preference to citations for infractions when offenders are willing and able to participate in those programs.

(B) Definitions. For purposes of this section, the following definitions apply, unless the context clearly indicates or requires a different meaning:

ACCOMMODATION. A place that is protected from the elements and offers sleeping and restroom facilities and that does not require a person to forego the exercise of any State or Federal Constitutional right in order to stay there.

AVAILABLE. Obtainable by the specific person taking into account that person's characteristics and circumstances.

TO CAMP or CAMPING. To place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.

CAMP FACILITIES. Tents, huts, lean-tos, vehicles, vehicle camping outfits or temporary shelters, cook stoves or fire pits, however constructed.

CAMP PARAPHERNALIA. Bedrolls, tarpaulins, cots, beds, mattresses, sleeping bags, hammocks, camp stoves or cooking implements or similar materials.

INVOLUNTARY CAMPING. Camping by a person at such time as there is no accommodation accepting homeless persons within the city that is available to that same person.

PUBLIC PROPERTY. Any property owned or leased by any public entity or agency, whether federal, state or local. PROHIBITED PLACE. Each of the following places:

• (a) The Sequoia Park Zoo;

• (b) The Eureka Municipal Golf Course;

• (c) All city parks;

• (d) The area 75 feet from the centerline of any officially-designated recreational or multi-use trail on city property;

• (e) The Downtown/Old Town Business District as defined in Appendix A to Ord. 913-C.S.;

• (f) The Northern Gateway Business District A, as defined in Appendix B to Ord. 913-C.S.;

• (g) The Waterfront Business District, as defined in Appendix C to Ord. 913-C.S.;

• (h) The Henderson Center Business District, as defined in Appendix D to Ord. 913-C.S.;

PROHIBITED TIME OF DAY. The time between 30 minutes after sunrise and 30 minutes before sunset. EXCEPTION: Subject to the Prohibited Place and Private Property restrictions, and the restrictions of §§ 130.11 and 130.13 of this code, a person who is involuntarily camping lawfully may remain in place through the course of the day when the weather is actively, measurably raining or snowing or the temperature is below 40 degrees Fahrenheit as of 30 minutes after sunrise.

VOLUNTARY CAMPING. Camping for which no city permit has been issued, on any public property within the city, at such time as there is an accommodation available to the person that that person refuses to avail him/her or their self of for any reason that is unrelated to the person's exercise of a First Amendment or other state or federal constitutional right.

(C) Unlawful camping.

(1) It is unlawful and a public nuisance to camp voluntarily, occupy camp facilities or use camp paraphernalia in, on or under any public property, except as permitted by an exception approved expressly or by policy adopted by the City Council.

(2) It is unlawful and a public nuisance, whether voluntarily or involuntarily, to camp, occupy camp facilities or use camp paraphernalia in, on or under any public property in a prohibited place or during the prohibited time of day.

(3) It is unlawful and a public nuisance, whether voluntarily or involuntarily, to camp, occupy camp facilities or use camp paraphernalia on public or private property in a manner that meets the definition of “obstructive conduct” found in § 130.11 or obstructs rights-of-way under § 130.13 of the Eureka Municipal Code.

(D) Involuntary camping - when and where lawful. Involuntary camping on public property is lawful when and where it is not otherwise unlawful under division (C), above.

(E) Camping on private property. Camping on private property is lawful if the owner of 50% or more of the fee interest in the property is present at all times the camping is occurring, and if the camping is occurring accessory to an existing permitted residential use on the property, and the property is zoned for residential use only. Notwithstanding the foregoing exemption, if the camping is creating or maintaining a nuisance as defined in this Code or is without the express written consent of an owner of 50% or more of the fee interest in the property, then it is unlawful. On lands not described above in respect to permitted use and zoning, unless the land is specifically zoned and approved for camping, all other camping on private property is unlawful and a nuisance.

(F) Penalty. A violation of this section is an infraction and is subject to the following penalties:

• (1) A fine not exceeding $25.00 for a first violation;

• (2) A fine not exceeding $35.00 for a second violation of this section within one year of a prior violation:

(3) A fine not exceeding $50.00 for each additional violation of this section within one year of two prior violations.

(G) Severability. If any provision, subdivision, sentence, clause or phrase of this section as now constituted or later amended, or its application to any person or circumstance, is held invalid, unconstitutional or otherwise unenforceable, that holding will not affect other provisions that can be given effect without the invalid provision or application. The Council declares that it would have adopted this section and each provision, subdivision, sentence, clause, or phrase hereof independent of the fact that any provision, subdivision, sentence, clause, or phrase may later be declared invalid, unconstitutional or unenforceable.

(‘63 Code, § 5-2.01) (Ord. 573-C.S., passed 8-4-94; Am. Ord. 598-C.S., passed 12-19-95; Am. Ord. 913-C.S., passed 2-16-21; Am. Ord. 918-C.S., passed 8-17-21) ) Penalty, see § 10.99

(A) It shall be unlawful for any person to use a house trailer, trailer, semi-trailer, truck, or other movable structure for habitation within the city except in a duly established licensed auto camp.

('63 Code, § 5-2.04)

(B) The Health Officer is hereby authorized and directed to enforce the regulations and laws of the health and safety regulations and laws of the state and the regulations and laws of the city regarding the construction, conduction, and regulation of auto and/or trailer camps in the city.

('63 Code, § 5-2.05)

(Ord. 2419, passed 3-16-48) Penalty, see § 10.99

(A) No healthy Sequoia Park Zoo animal shall be euthanized without approval of the Zoo Advisory Board and prior public notice. As used herein “healthy” animal shall mean one free of disease or debility as judged by competent veterinary authority and “zoo animal” shall mean an animal who has come into ownership of the Sequoia Park Zoo through authorized means and is used for public display.

(B) Nothing in division (A) herein shall preclude appropriate disposal of animals judged sick and diseased or debilitated or injured by competent veterinary authority or the emergency destruction of an animal to protect human life. ('63 Code, § 11-8.101)

(C) Willful violation of this section by any city employee shall be grounds for dismissal from employment from the city. ('63 Code, § 11-8.103)

(Ord. 367-C.S., passed 8-17-82) Penalty, see § 10.99

Every person who shall play ball, or engage in throwing, pitching, or catching a ball, on any street or alley in the city after being requested by any police officer to forbear or discontinue the same shall be guilty of a misdemeanor. ('63 Code, § 11-5.01) (Ord. 215, passed - - ) Penalty, see § 10.99

MUNICIPAL GOLF COURSE

The parcel of land conveyed to the city by Fred H. Lundblade and Patricia N. Lundblade, his wife, and C. Robert Barnum and Patricia B. Barnum, his wife, for use as a municipal golf course shall be known as the “Lundblade-Barnum Eureka Municipal Golf Course.” It shall be developed, used, and maintained for the benefit of the public generally subject, however, to the restrictions and limitations contained in this chapter and such further rules and regulations as the Council may by resolution adopt. ('63 Code, § 11-2.01) (Ord. 2880, passed 9-5-61)

It shall be unlawful for any person to do any of the following acts upon the Lundblade-Barnum Eureka Municipal Golf Course:

(A) To trespass upon the course;

(B) To play golf on the course, or any part thereof, without first obtaining a permit in proper form so to do. A separate permit shall be required for each player for each and every round of golf played over the course, a round of golf being a continuous play over nine or 18 holes in their sequence, unless the player has a monthly or yearly ticket; to fail or refuse to show such golf permit to any employee of the city connected with the course when requested so to do; to cut in on or double back over any portion of the course; or to play on or attempt to play with or by authority of a permit other than the one regularly issued for the round then being played;

(C) Wilfully or maliciously to injure the turf of the course or in any way destroy or injure property thereon or remove property or equipment from the premises without permission of the keeper or professional in charge thereof;

(D) To drive or park any vehicle on or over any part of the land comprising the course except at the designated parking areas;

(E) To take possession of golf balls other than those belonging to themselves upon or from the course or the lands and streets adjacent thereto, or to sell or offer to sell thereon golf balls or equipment, food, drinks, or other commodities except as may be provided by the rules and regulations which may be adopted by the Council; or,

(F) To deposit rubbish, garbage, cut grass, or other foreign matter upon the course, or any part thereof.

('63 Code, § 11-2.02) (Ord. 2880, passed 9-5-61) Penalty, see § 10.99

The Council is hereby authorized from time to time by resolution:

(A) To control, regulate, and manage the Lundblade-Barnum Eureka Municipal Golf Course in all particulars not inconsistent with this chapter;

• (B) To specify the conditions under which the same may be used or played upon;

(C) To establish the fees to be paid for the use thereof and provide for their collection and payment into the city treasury;

(D) To specify the compensation to be paid the professional or keeper and other employees thereof, to provide for the

employment of such employees and to enter into contracts therefor, and to require bonds for all employees handling any money;

(E) To provide for the construction and maintenance of a clubhouse and for the sale thereat by concession, or otherwise, of golf equipment and refreshments;

(F) To provide for practice greens and practice fairways and for exhibition matches and tournaments; and,

(G) To provide for the control, regulation, maintenance, and upkeep of the course in every other manner and to every extent of the premises.

('63 Code, § 11-2.03) (Ord. 2880, passed 9-5-61)

PARKS AND PLAYGROUNDS

The Director of Public Works is hereby authorized to designate the closing hours for any park, playground, or other facility, or portion thereof, under the management of the Public Works Department of the city. Whenever closing hours are so designated, appropriate signs shall be placed and maintained giving notice thereof. No person shall enter or be present in a park, playground, or other facility, or portion thereof, designated closed during closing hours, except authorized city employees or persons designated by the Director of Public Works on official city business.

('63 Code, § 11-6.05) (Ord. 132-C.S., passed 10-4-69; Am. Ord. 375-C.S., passed 10-19-82)

(A) It shall be unlawful for any person to damage, break, mutilate, or destroy any of the trees, shrubs, bushes, buildings, benches, or seats in any city park or playground.

('63 Code, § 11-6.01)

(B) It shall be unlawful for any person to uproot, take, or carry away any maidenhair, or other fern, or any bushes or shrubs from any city park or playground without permission from the Council. ('63 Code, § 11-6.02)

(Ord. 2740, passed 2-18-58) Penalty, see § 10.99

It shall be unlawful for any person to set spring or other traps or to catch, shoot with air pistols or other weapons, disturb, or molest in any manner any birds or animals in any city park or playground.

('63 Code, § 11-6.03) (Ord. 2740, passed 2-18-58) Penalty, see § 10.99

(A) It shall be unlawful for any person, other than authorized city personnel, to feed, offer to, or toss any object at any animal exhibited at Sequoia Park Zoo;

(B) It shall be unlawful for any person to enter into, or attempt to enter into, any animal enclosure or habitat at the Zoo, without written authorization by the Zoo staff;

(C) It shall be unlawful for any person to tease, injure or frighten any of the animals, (including birds, reptiles or fish) belonging to the Zoo; and

(D) It shall be unlawful for any person to fail to follow all rules of the Zoo, or any direction or instruction given by Zoo staff. (‘63 Code, § 11-6.10) (Ord. 332-C.S., passed 2-3-81; Am. Ord. 827-C.S., passed 12-1-15) Penalty, see § 10.99

It shall be unlawful for any person to permit any dog, horse, or other domestic animal to enter, be, or remain upon any city park or recreation area, including the streets and roads traversing such park or recreation area, except in such areas as may be specifically designated and posted by the Director of Public Works.

('63 Code, § 11-6.07) (Ord. 273-C.S., passed 6-16-77; Am. Ord. 375-C.S., passed 10-19-82) Penalty, see § 10.99

It shall be unlawful to throw or hit or knock any baseball with a ball bat or any other instrument or engage in or play the game of baseball in any other manner on any city park or playground without first obtaining written permission to do so from the Director of Public Works. The Director of Public Works is hereby authorized and empowered to specify the conditions under which the game of baseball may be engaged in or played at any city park or playground. For the purposes of this section, the term “baseball” shall mean any ball having a circumference of less than 11€ inches or a weight of less than six ounces and which is commonly used in the game known as baseball.

('63 Code, § 11-6.04) (Ord. 109-C.S., passed 9-6-68; Am. Ord. 375-C.S., passed 10-19-82) Penalty, see § 10.99

(A) No person shall solicit, sell, hawk, or vend any goods, wares, merchandise, liquids, or edibles for human consumption at any park or recreational facility, owned by the city except as follows:

(1) Regularly-licensed concessionaires of the city;

(2) Persons or organizations who have secured permits therefor from the Director of Public Works, upon such terms and conditions as he may prescribe and subject to the approval of the City Manager;

(3) Sidewalk vendors, stationary sidewalk vendors, and roaming sidewalk vendors who have secured permits from the Department of Finance, upon the terms set forth in Title XI, Chapter 118 of the Eureka Code of Ordinances; or

(a) Sidewalk vendors, stationary sidewalk vendors, and roaming sidewalk vendors who vend food in or at any park or recreational facility owned by the city must do so in accordance with the terms set forth in Title XI, Chapter 118 of the Eureka Code of Ordinances.

(b) Sidewalk vendors, stationary sidewalk vendors, and roaming sidewalk vendors who violate this section are subject to the penalties described in § 118.99.

(B) Any person or group selling goods for profit at any park or recreational facility shall pay a fee to the city equal to 10% of the gross revenue of such enterprise. Notwithstanding the above, non-profit service organizations will not be subject to said fee.

For the purpose of this section, non-profit organizations are defined as those organizations whose primary purpose is to provide a charitable or philanthropic service available to the public, including those organizations which may not have official non-profit status. The waiver of fees shall not apply to organizations that may have non- profit status that promote specialized interests, and shall not apply to organizations that do not provide services to the citizens of the city.

(‘63 Code, § 11-6.06) (Ord. 150-C.S., passed 9-4-70; Am. Ord. 375-C.S., passed 10-19-82; Am. Ord. 421-C.S., passed 2-1-85; Am. Ord. 882-C.S., passed 12-4-18) Penalty, see § 10.99

(A) No person shall drink or possess upon his person an open container of any beer, wine or other intoxicating beverage on any park or playground.

(‘63 Code, § 11-6.08)

(B) Any person who violates any provision of this section shall be subject to the provisions of § 10.99 and may be charged with an infraction or misdemeanor at the discretion of the City Attorney.

(C) Notwithstanding division (A) above, it shall not be unlawful to drink beer and wine on any park or playground during such time as a permit to sell beer or wine, issued by the Director of Public Works pursuant to § 93.56, is in effect on any such park or playground.

(‘63 Code, § 11-6.09)

(Ord. 275-C.S., passed 5-17-77; Am. Ord. 307-C.S., passed 3-6-79; Am. Ord. 363-C.S., passed 5-18-82; Am. Ord. 375-C.S., passed 10-19-82; Am. Ord. 380-C.S., passed 5-15-83; Am. Ord. 785-C.S., passed 7-17-12) Penalty, see § 10.99

It shall be unlawful for any person to transport garbage or trash to any city park or playground and deposit such garbage or trash in any city park or playground.

('63 Code, § 11-6.11) (Ord. 332-C.S., passed 2-3-81) Penalty, see § 10.99

SKATE BOARD PARK

The purpose of this subchapter is to comply with Cal. Health & Safety Code, § 115800 that requires skate board operations to adopt an ordinance requiring persons riding skateboards, in-line skates, and other self-propelled wheeled apparatus at the facility to wear a helmet, elbow pads and knee pads.

(Ord. 745-C.S., passed 11-17-09)

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

SKATEBOARD. A mechanism with wheels that are fastened to a platform commonly constructed to accommodate a standing person. SKATEBOARDS are normally propelled by the operator pushing off the ground with one foot, or by the force of gravity. SKATES. Any footwear device which may be attached to the foot or footwear, which may be used to aid the wearer in moving or propulsion, including in-line skates, roller blades and roller skates.

(Ord. 745-C.S., passed 11-17-09)

It is prohibited for any person to ride skateboards, in-line skates, or other similar devices in the skate park unless that person is wearing a helmet, elbow pads and knee pads.

(Ord. 745-C.S., passed 11-17-09) Penalty, see § 93.99

Signs shall be posted at the skate park giving notice that any person riding a skateboard, in-line skates, or similar devices, must wear a helmet, elbow pads and knee pads, and that any person failing to do so will be subject to citation and prohibition of use of the facilities for one year. Signs shall also be posted setting rules for use of the skate park as set from time to time by resolution, and violation thereof will be subject to citation.

(Ord. 745-C.S., passed 11-17-09) Penalty, see § 93.99

Any person using the skate park shall comply with the following rules and regulations:

• (A) The hours of use of the skate park shall be established by City Council and shall be posted at the skate park. Use of the park at any time outside the hours posted is prohibited.

• (B) While skating or skateboarding, the participant may only use those areas designated for skateboarding or related skating activities.

• (C) While using the facility, the participant must use personal safety equipment comprised of at least head, knee and elbow protection.

• (D) No food or drink is allowed in the designated skate area.

• (E) No moveable obstacles or materials (i.e., ramps/jumps) are allowed in the park.

• (F) Bicycling is prohibited within the skate area.

• (G) Stunt, trick or luge skateboarding is limited to persons 12 years of age or older.

• (H) Placing of graffiti anywhere in or on the park is prohibited and the park will be closed until the graffiti is removed and/or

• repaired. In addition to other penalties provided herein, any person putting graffiti on any part of the skate park shall pay for the cost of removal and damages thereof. Parents or guardians are also liable for such costs. (Cal. Health & Safety Code, § 1714(b))

• (I) Personal conduct and behavior . The following are prohibited in the park area at all times:

• (1) Possession or use of drugs or alcohol or being under the influence;

• (2) Fighting or other violence;

• (3) Possession or use of firearms, knives, or other weapons of any kind;

• (4) Smoking or use of tobacco products;

• (5) No amplified music or other excessive noise;

• (6) No excessive profanity.

• (J) Everyone shall treat others with respect and courtesy.

• (Ord. 745-C.S., passed 11-17-09) Penalty, see § 93.99

(A) The violation of §§ 93.70 through 93.74 shall be deemed an infraction for a first offense and punishable by a fine not exceeding $50 for a first violation. Second and subsequent offenses within one year may be prosecuted as an infraction or misdemeanor. A second infraction within a year may be punishable by a fine not exceeding $100, and a third or further infraction within a year may be punishable by a fine not exceeding $250. Additionally, any person found by a preponderance of the evidence to have violated any provision of this chapter may lose his or her privilege to use the skate park facility for up to one year. (B) Fines under §§ 93.70 through 93.74 shall be administered pursuant to the administrative citation process set out in §§ 10.35 through 10.99.

(Ord. 745-C.S., passed 11-17-09)