Exeter Municipal Code Art. 5 Prohibited Acts in Parks and Recreation Facilities

A. The purpose of this article is to maximize the community enjoyment of park and recreation facilities and to prohibit activities and behavior which interfere with this objective to the detriment of the public health, welfare and safety.

B. This article shall apply to conduct in public park/recreation areas and be enforceable notwithstanding the standards provided in Section 11.01.060.

(Ord. No. 697, §1, 7-27-2021)

A. It is unlawful and a public nuisance for any person to establish, maintain, or operate a camp or occupy camp facilities, and to utilize camping equipment or camping paraphernalia while camping or occupying camping facilities, in any public park/recreation areas.

"Establish" means setting up or moving camping equipment or camp paraphernalia in park and recreation facilities to camp or operate camp facilities.

"Maintain" means keeping or permitting camping equipment or camping paraphernalia to remain in a park or recreation facility in order to camp or operate camping facilities.

"Operate" means participating or assisting in establishing or maintaining a camp or camping facilities.

B. Notwithstanding the exemption provided for in subsection B., camping facilities, camping equipment, and camping paraphernalia may not be affixed or attached to, or constructed upon or with, or otherwise located within ten feet from, any park amenities.

C. Camping may be permitted in park and recreation facilities in conjunction with any city sponsored and approved event.

D. Camping may be permitted in park and recreation facilities in conjunction with any city sponsored and approved event.

(Ord. No. 697, §1, 7-27-2021; Ord. 714, § 3, 11-12-2024)

A. It shall be unlawful and a public nuisance for any person to store personal property in any public park/recreation area, except as otherwise approved in writing by the city administrator or designee or by resolution of the city council. Personal property stored in public park/recreation areas in violation of this section shall be impounded pursuant to the requirements of this section. Any personal property left in any public park/recreation area at the time the public park/recreation area is closed to the public, whether or not the personal property is unattended, shall be immediately impounded, pursuant to this section.

B. The provisions of this section shall not apply to abandoned personal property, which shall be disposed of forthwith.

C. The chief of police or the city administrator, or their designees, are authorized to impound personal property pursuant to the provisions this section, and shall make provisions for the receipt and safekeeping of personal property coming into his or her possession pursuant to this section. A receipt shall be issued to the person delivering such personal property, unless the personal property was found in the course of employment by an employee of the city. The chief of police or the city administrator, or their designees, shall notify the owner of the personal property if his or her identity is reasonably ascertainable, or, if the identity of the owner is not reasonably ascertainable, cause a notice to be left in a prominent place on or near the location of the personal property for any personal property impounded pursuant to this section, advising that the city is in possession of the personal property and the location where it may be claimed.

D. Notice Prior to Impoundment.

1. Stored personal property may be impounded without notice if there is a reasonable belief that it is abandoned, presents an immediate threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.

2. The city may erect signs in public parks/recreation areas stating that any personal property stored in those areas will be impounded. Those signs shall serve to provide the notice required by this section.

3. If neither subsection 1. nor subsection 2. apply, personal property unlawfully stored in public parks/recreation areas shall be impounded only after a notice is provided to the owner of the personal property or left at or near the location of the personal property advising that the personal property will be impounded if it is not removed. This notice will specify a time when the personal property will be impounded if it is not removed.

E. If, after any notice required by subsection D. is given, personal property remains unlawfully stored in a public park/recreation area, that personal property may be impounded. The person impounding the personal property shall leave a notice in a conspicuous place at or near where the personal property was located prior to being impounded, advising where the personal property is being kept and when and where it may be claimed by its owner.

F. Personal property coming into possession of the city pursuant to this section shall be deposited in a safe place for a period of at least thirty days. If the personal property consists of money, it shall be deposited with the finance director or designee for a period of not less than ninety days, unless sooner claimed by its owner. In the event the personal property or money is not claimed within ninety days, it shall be deemed to be abandoned personal property, subject to disposition as provided in this section.

G. During the time that any personal property is held by the city, it may be delivered or paid to its owner as follows:

1. The personal property shall be delivered upon proof of ownership satisfactory to the chief of police or the city administrator, or their designees, after ten days' notice by mail to any other person(s) who have asserted a claim of ownership at any address given by such person(s).

2. If the personal property consists of money, it shall be paid to the owner upon written order from the chief of police or the city administrator, or their designees, to the director of finance. The chief of police or city administrator, or their designees, shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of personal property.

3. If ownership cannot be determined to the satisfaction of the chief of police or the city administrator, or their designees, he or she may refuse to deliver the personal property or refuse to order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction.

H. Upon expiration of the specified period, any personal property received by the city and not delivered to the owner may be appropriated to the use of the city upon order of the city manager or his or her designee, on his or her finding that the personal property is needed for a public use, and any personal property not appropriated to city use may be disposed of or sold at public auction to the highest bidder. All unclaimed money received by the chief of police, and not delivered to the owner during the ninety-day period, shall thereafter be deposited in the general fund.

I. Subject to the provisions of subsection I. below, any personal property coming into the possession of the chief of police or designee may be disposed of immediately and without notice, in a manner that the chief of police or designee determines to be in the public interest, when such personal property is perishable, contraband, or constitutes an immediate threat to the public health or safety.

J. The provisions of this chapter shall not apply to real or personal property or money subject to confiscation pursuant to state or federal law, to personal property that constitutes evidence of a crime, evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law.

(Ord. No. 697, §1, 7-27-2021; Ord. 714, § 4, 11-12-2024)

A. It is unlawful for any person to set up and utilize a tent or similar temporary shelter or improvised make-shift structure from random items, which is not open on all sides in a public park/recreation area, except as when authorized by a permit issued pursuant to Article 2. Only the use of umbrellas or sun shades is permissible in a public park/recreation area.

B. Notwithstanding these prohibitions, an individual or family unit experiencing homelessness may not be cited for violation of this section between the specified park closure hours 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, § 5, 11-12-2024)

No person shall kindle or build a fire in any park or recreation facility, including the use or portable fire rings or any other receptacle or park amenity for the purpose of creating or containing a fire, unless a permit is issued pursuant to Article 2 of this chapter or as part of a city sponsored function. A fire that is lighted and maintained in a BBQ grill being utilized for cooking purposes only, and only in designated areas, shall be exempt from this prohibition. Installed park grills are designed for charcoal-based cooking, and no other flammable material may be used in them. Grill fires shall be completely extinguished before leaving the park and recreation facility. Fires solely for the purpose of personal warmth are not allowed, and park grills shall not be used as a trash receptacle.

(Ord. No. 697, §1, 7-27-2021)

A. No person shall bring, possess or set off in any public park/recreation area any firecrackers, rockets, or other fireworks or explosives, including so-called "safe and sane" fireworks. No person shall discharge any firecracker, torpedo, rocket, flare or other firework or explosive that lands in any public park/recreation area.

B. Organizations may discharge fireworks as part of a public gathering or patriotic celebration, provided a permit for such discharge or display has been obtained pursuant to Article 2.

(Ord. No. 697, §1, 7-27-2021)

No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire, or discharge any firearm, air gun, spring gun, flare gun, or other weapon potentially dangerous to wildlife or human safety in park and recreation facilities, except in areas, at times, and under conditions designated by the city administrator or designee for such use.

(Ord. No. 697, §1, 7-27-2021)

No person, business or organization shall display, post or distribute placards, signs, handbills, pamphlets, fliers, circulars, books or other writings containing commercial advertising matter in parks and recreation facilities without the prior written approval of the city administrator or designee.

(Ord. No. 697, §1, 7-27-2021)

A. No person shall throw, discharge, or otherwise place or cause to be placed in the waters of any park facility's fountain, pond, lake, stream, or other body of water or in any tributary, stream or drain flowing into such waters, any substance, matter, or thing, liquid or solid, including, but not limited to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel/oil, food matter, wood, fiber, and plastics.

B. Receptacles are provided for trash related to park activities. Park users shall throw their trash in designated receptacles. Should provided trash receptacles fill up, park users may leave their remaining refuse immediately adjacent to the full trash receptacle. It shall be unlawful for any person to enter, occupy or sleep in any trash receptacle.

C. No person shall bring and leave refuse, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, for the purpose of dumping it.

D. No person shall deposit or cause to be deposited urine, fecal matter, or other bodily discharges within park and recreation facilities, with the exception of within the normal use of designated restrooms. Park and recreation facility restrooms and washrooms are designated multi-use, men/women facilities, to be used by more than one person at a time for their designated purpose and for a reasonable time period. This rule shall not apply to children under the age of eight years, or persons with special needs, who may be accompanied by a person responsible for that child or person.

(Ord. No. 697, §1, 7-27-2021)

No person shall swim, fish, bathe, wash personal items or clothing, wade, row, sail or operate any boat, radio-controlled or non-radio-controlled water toy or model, craft, or other device, on or in any pond, lake, stream, splash pad, drinking fountain or other water feature within a park and recreation facility, except at such place and/or time period designated and provided by the city administrator or designee for such use.

(Ord. No. 697, §1, 7-27-2021)

No person over the age of ten shall appear, swim, bathe, sunbathe, change clothes, disrobe, walk or be in any public park/recreation area in a state of undress, so as to possibly cause a public nuisance, unless required to be permitted by law.

(Ord. No. 697, §1, 7-27-2021)

No person shall smoke any substance or dispose of any lighted match or cigarette, cigar, or pipe ashes or any flaming or glowing substance in any park and recreation facilities. This rule includes processes known as "vaping."

(Ord. No. 697, §1, 7-27-2021)

A. Except as permitted by the city administrator or designee, it is unlawful for any person, other than when engaged in the performance of duties as a city employee, to drive or park any motor vehicle in or upon any public park/recreation area, greenbelt, or other open space area except for those areas specifically designated for vehicular traffic.

B. It is unlawful for any vehicle with a gross weight of over fourteen thousand pounds or a maximum width of over one hundred two inches to use the road in any public park/recreation area except when specifically authorized for the delivery of goods. This rule shall not apply to parks, maintenance, or emergency vehicles.

C. Electric-powered and unpowered single or multi-wheeled bicycles and personal conveyances may be utilized on designated trails, provided noise levels are within limits (see Section 11.01.180). Such vehicles are not to be operated in a negligent, unsafe, or reckless manner, so as life, limb or property may be endangered. Pedestrians shall retain the right-of-way on trails.

D. Except for licensed, operational vehicles in designated roadways and parking areas, gas-powered vehicles or conveyances are prohibited in all other areas of park and recreation facilities. This provision shall not apply to city personnel acting in their official capacity, or those provided express permission of the city administrator or designee.

E. No person shall abandon any motorized vehicle within the boundaries of a park and recreation facility.

F. No person shall wash or repair any automobile or other motorized vehicle within the boundaries of any park and recreation facility.

(Ord. No. 697, §1, 7-27-2021)

A. It is unlawful for any person to destroy, mutilate, damage or deface any park amenities in any public park/recreation area.

B. Any person violating the provisions of this section shall be subject to prosecution for vandalism pursuant to California Penal Code Section 594.

(Ord. No. 697, §1, 7-27-2021)

A. It is unlawful for any person to bring, have, allow, or free any animal within the perimeter of any public park/recreation area, including but not limited to, any horse, fowl, bovine or other domestic animal, or any reptile or other wild animal except:

1. When prior approval has been given by the city administrator or designee;

2. When authorized in designated off-leash dog areas pursuant to Chapter 6.08;

3. When dogs or other permitted animals are restrained by leash or similar device; and

4. Law enforcement dogs acting in the performance of their duties, or otherwise participating in a city authorized training event or exhibition.

B. It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill, throw at or strike with any object, any animal, bird, or fowl in any public park/recreation area.

C. A dog may be released from its leash only within the confines of a designated off-leash area. The owner and animal must comply with all rules and regulations as outlined in Section 6.08.051, off-leash pet areas.

(Ord. No. 697, §1, 7-27-2021)

It is unlawful for any person to play, practice, putt or otherwise engage in the game of golf within the confines of any public park/recreation area. Disc or frisbee golf is exempted from this rule, provided it is played within designated areas.

(Ord. No. 697, §1, 7-27-2021)

It shall be unlawful for any person to use remote controlled flying recreational devices in any public park/recreation areas. Park users shall refrain from solid or liquid fueled rocket use, archery, paintball, air gun, sling shot, hardball or any similar games of a hazardous nature in public park/recreation areas, except at such places and times as shall be specifically established by the city administrator or designee. While using designated areas for any activity listed above, use of such devices shall not be disruptive to wildlife, to park patrons, or to park property and such use shall comply with all applicable federal or state regulations.

(Ord. No. 697, §1, 7-27-2021)

It shall be unlawful to possess any container made of glass in any public park/recreation area or to bring, carry, or transport any container made of glass into any public park/recreation area.

(Ord. No. 697, §1, 7-27-2021)

A. It is unlawful for any person to emit from their vehicle, personal electronic music player, or other amplified sound device, music or noise which exceeds sixty decibels at fifty feet and interferes with other uses in any public park/recreation area unless a permit authorizing the use of amplified music has been issued pursuant to Article 2 of this chapter.

B. It is unlawful for any person to use, operate any loudspeaker or sound amplifying equipment in fixed or moveable position for the purposes of giving instructions, directions, talks, addresses, or lectures or for transmitting music to any persons or assemblages of persons, in or upon any public park/recreation area without first obtaining a permit authorizing such use pursuant to Article 2 of this chapter. This provision shall not apply to law enforcement personnel of government agencies acting in their official capacity.

(Ord. No. 697, §1, 7-27-2021)

It is unlawful to use generators and small engine motors in any public park/recreation area that emit noise which exceeds sixty decibels at fifty feet without first obtaining a permit authorizing such use pursuant to Article 2 of this chapter. This provision shall not apply to city personnel acting in their official capacity.

(Ord. No. 697, §1, 7-27-2021)

It is unlawful to conduct commercial activities in any public park/recreation areas without prior authorization from the city administrator or designee. Such authorization shall include either a special event permit, a sidewalk vendor permit, or a concession agreement, temporary access license or similar binding written authorization.

(Ord. No. 697, §1, 7-27-2021)

Within the boundaries of all public parks/recreation areas, no person shall use a shopping cart, basket that is mounted on wheels or a similar device that is primarily used for the purpose of transporting goods of any kind. The only exception shall be carts being utilized for recreational equipment, wheeled ice chests that are being used for food product, pursuant to a permit issued pursuant to Article 2, or as otherwise authorized by the city administrator or designee.

(Ord. No. 697, §1, 7-27-2021)

A. Use of inflatable play structures at park and recreation facilities is prohibited without a permit issued pursuant to Article 2 of this chapter.

B. The use of inflatable play structures in city park or recreational facilities by any person or entity obtaining a permit is permitted only under the following conditions:

1. Permittee must operate the inflatable play structure in compliance with all local and state statutes, rules, codes and regulations;

2. Permittee shall ensure that adults will, at all times, supervise the use of bounce houses by children;

3. Permittee shall ensure that inflatable play structures will be in good and safe working order and utilized in accordance with all manufacturer guidelines and limitations (e.g., weight and occupancy restrictions);

4. Inflatable play structures and related equipment will be used in such a manner that they do not pose a threat to the public (e.g., generators will not be placed in walkways or other areas that would cause a tripping hazard);

5. As a condition of using inflatable play structures in park or recreational facilities, the permittee and all persons who utilize bounce houses will, to the fullest extent permitted by law, indemnify, defend, and hold the city and its officials, agents and employees harmless from any and all losses, damages, injuries, death, and claims that may result from the use of bounce houses in city parks or recreational areas.

C. Use of inflatable water features such as water slides, wading/swimming pools or slip and slides or other similar features on city parks or properties is prohibited.

(Ord. No. 697, §1, 7-27-2021)