Article 3 — CLOSURE OF PARKS AND RECREATION FACILITIES DURING DESIGNATED HOURS

It is unlawful for any person to remain in park and recreation facilities (except as noted in Section 11.01.035) during the designated hours of closure for the particular park or facility. The specific designated hours of closure for each park and/or recreation facility shall be set by city council resolution.

(Ord. No. 697, §1, 7-27-2021)

A.

Section 11.01.030 shall not apply to any person in a park or recreation facility when such a person is participating in, going to, or coming from an activity which is either sponsored or co-sponsored by a public entity, or is carrying on such activity pursuant to a valid permit or license issued by the city. Said Section 11.01.030 shall further not apply to any peace officer or other duly authorized public employee acting within the course and scope of his/her employment.

B.

An individual or family unit experiencing homelessness may not be cited for violation of Section 11.01.030 unless it is confirmed that there is available shelter as defined in Section 11.01.010.

(Ord. No. 697, §1, 7-27-2021; Ord. 714, § 2, 11-12-2024)

The city administrator or designee shall have the authority to change the designated hours of closure required by Section 11.01.030 for a designated period of time or indefinitely. In the event that the designated hours for any park and recreation facility are changed pursuant to this section, the hours of closure designated by this section shall be posted in accordance with the requirements of Section 11.01.045. Said action shall be taken when the city administrator determines that circumstances exist justifying the modification of the designated hours of closure for any park and recreation facility in order to prevent the occurrence of dangerous, unlawful, or impermissible activities.

(Ord. No. 697, §1, 7-27-2021)

Each park and recreation facility subject to closure during specified hours pursuant to this article shall be properly and appropriately posted. Signs setting forth the hour and time of closure and reopening of the park and recreation facility as provided in this article shall be posted at or near entrance ways to said park

and recreation facility, or in otherwise conspicuous locations as determined by the city administrator or designee. Said signs shall be not less than one square foot in area and shall contain lettering, not less than one-half inch in height, identifying the hours during which the park and recreation facility shall be closed, and further advising the public that entry to the park and recreation facility or remaining on the facilities' grounds between the designated hours is a violation of law. In the event that there are no clear and obvious entrance ways or natural or manmade barriers which prohibit access to or entry upon a park or recreation facility subject to this article, signs shall also be posted at intervals of every three hundred feet along the perimeter of the facility accessible to the public.

(Ord. No. 697, §1, 7-27-2021)

The city administrator or designee shall have the authority to temporarily close any park and recreation facility or portion thereof and require the exit of all persons therein when the city administrator or designee determines that conditions exist at or in said park and recreation facility or portion thereof which present a hazard to the park and recreation facility or to the health and safety of the public, or for the purposes of constructing or maintaining park and recreation facilities and/or associated park amenities. The city administrator or designee shall have the authority to temporarily close any park and recreation facility or portion thereof at any time and for any interval of time, either temporarily or at regular or stated intervals, and either entirely or merely to certain uses, as the city administrator or designee shall find reasonably necessary to achieve the objectives of this section.

(Ord. No. 697, §1, 7-27-2021)

Every person, association, or corporation who intentionally violates any of the provisions of this article is guilty of a misdemeanor. Upon conviction thereof, the violation shall be punishable by a maximum criminal fine of one thousand dollars or as otherwise set by resolution of the city council, or the county jail not to exceed ten days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this chapter occurs or continues constitutes a separate offense. Furthermore, the city may cite and enforce any violations of this article as otherwise authorized by and in accordance with this Code.

(Ord. No. 697, §1, 7-27-2021)