Fowler Municipal Code Ch. 1 City Parks and Recreation

The City Council of the City of Fowler finds, and this chapter is adopted in light of these findings, that it is in the public interest to regulate the use of City parks and other City public facilities for meetings, assemblies, activities or other events in order to ensure that such events are carried out in a safe manner, in a manner that does not unreasonably interfere with the use of such parks and other public facilities by other members of the general public not participating in the event and in a manner which does not damage park playgrounds and other City property, including landscaping or natural vegetation.

(Ord. 97-3 § 2, 11-30-97)

The following words and terms have the meanings ascribed to them in this chapter:

"Amplified music" means music projected and transmitted by electronic equipment including amplifiers, the total output of which amplifiers, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts.

"Amplified speech" means speech projected and transmitted by electronic equipment including amplifiers, the total output of which amplifiers, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts.

"Department" refers to the Department of Public Works.

"Facilities" include those buildings, pools, picnic shelters, etc., or portions thereof, which are under the supervision of the Department and made available for exclusive use by approved applicants.

"Parks" include parks, playgrounds, open space, picnic shelter areas, recreation areas, trails, walking paths, bike paths, pool and sports facilities, any parking lots or parking areas associated with such areas, and other areas owned by, dedicated to, leased to, or operated or maintained by the City, and operated for recreational purposes.

"Persons" include individuals, groups, organizations, associations, and businesses, whether incorporated or not, including both for profit and nonprofit enterprise.

(Ord. 97-3 § 2, 11-30-97)

(Ord. No. 2020-04, § 2, 8-18-2020)

The City's parks and facilities, or portions thereof, may be made available for the exclusive use of persons, subject to approval by the Department and/or City Council. The process/requirements for obtaining exclusive use of parks or facilities are outlined in the City's park reservation policy.

(Ord. 97-3 § 2, 11-30-97)

Any fees and charges, or deposits required for exclusive use of parks or facilities shall be those specified from time-to-time by resolution of the City Council.

(Ord. 97-3 § 2, 11-30-97)

(a) Amplified Sound. The use of any system of amplifying sounds, as defined in Section 10-1.02 of this chapter, whether for speech or music or otherwise, is prohibited in any park unless an authorization is first secured.

(b) Golf. No person shall play or practice golf or use golf clubs in any area of a park.

(c) Model Aircraft. No person shall operate any motor driven model aircraft (i.e., helicopters, airplanes, rockets, etc.) in a park.

(d) Parking. No person shall operate or park any vehicle as defined in the California Vehicle Code within a park, except upon areas designated for such use. No person shall park, abandon, or otherwise allow to remain, any such vehicle or other conveyances in City park facilities between the hours of 10:00 p.m. and 6:00 a.m. except with written permission of the Department or as otherwise posted.

(e) Litter. No person within any park or facility shall leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor.

(f) Interference. No person within any park or facility shall use or attempt to use or interfere with the use of any table, space or facility within the park or facility which at the time is reserved for any other person or group which has received authorization from the Department therefor. Unless the actual use of table, space, area, building or facility referred to in any such authorization is commenced within one hour after the period covered by such authorization begins, such authorization shall thereupon be void and all rights under such authorization may be canceled by the Department.

(g) Posted Regulations. No person shall engage in any activity in any park or facility contrary to regulations the Department has caused to be posted therein prohibiting certain activities in certain areas or otherwise controlling conduct therein.

(h) Weapons. No person shall have in his/her possession any firearm, air gun, slingshot, or bow and arrow in any park or public facility.

(i) Flora. No person other than a duly authorized City employee in the performance of their duty or persons participating in City-sponsored activities shall dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any park.

(j) Removal of Turf or Soil. No person other than a duly authorized City employee in the performance of their duty shall remove any wood turf, grass, soil, rock, sand or gravel from any park.

(k) Marking, Damaging, or Disturbing Any Structure. No person other than a duly authorized City employee in the performance of their duty shall:

(1) Cut, break, deface, or disturb any rock, building, monument, sign, fence, bench, structure, apparatus, equipment or property in a park;

(2) Mark or place thereon any mark, writing or printing; or

(3) Attach thereto any sign, card, display or other similar device, except as authorized.

(l) Fires. No person shall light or maintain any fire in any park or facility unless such fire is lighted and maintained only in a stove or place provided for such purpose.

(m) Fireworks. No person shall have in his/her possession any type of fireworks in any City park or public facility.

(n) Solicitation or Sale. Other than youth leagues, no person shall solicit in any manner or for any purpose, or sell or offer for sale, any goods, wares or merchandise in any park or facility, unless upon prior written authorization by the Department or other agency of the City.

(o) Alcoholic Beverages and Smoking. Alcoholic beverages are prohibited in City facilities and parks, except as otherwise provided in accordance with Section 10-1.03 of this chapter. Smoking, as defined in Section 5-24.02 of this Code, is prohibited in all City facilities and parks as provided in Section 5-24.01 of this Code.

(p) Glass Beverage Containers. No person shall have in his/her possession any glass beverage container in any City park.

(q) Hours of Use. It is unlawful for any person other than a duly authorized City employee to enter, loiter or remain in or on any City park or facility at any time between the hours of 10:00 p.m. and 6:00 a.m. except as may be otherwise posted at the entrance to the park or facility or with written permission of the Department.

(r) Climbing Trees or Other Objects. No person shall climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, or upon any other property not designated or customarily used for such purposes.

(s) Automobiles and Other Conveyances. It is unlawful for any person other than a duly authorized City employee to operate or drive an automobile, bicycle, motorcycle, truck, trailer, wagon, motor scooter, or other conveyances on other than roads or paths designated for that purpose except with permission of the Department. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or trail or path reserved for pedestrian use. Automobiles, bicycles, motorcycles, trucks, trailers, wagons, motor scooters or other conveyances shall at all times be operated with reasonable regard to the safety of others. In no event shall the maximum speed of any such conveyance exceed ten (10) miles per hour except as otherwise noted. All such conveyances when left unattended shall be parked in an area and manner designated. No such conveyance shall be left unattended in any place or position where other persons may trip over or be injured by them.

(t) Domestic Animals. Pets and domestic animals as defined in Title 6, Chapter 1 of this Code, are prohibited in parks and facilities, except for dogs on a leash and under the control of the person in possession thereof. This prohibition does not apply to any leash free area of a park as authorized by the City Council. The owner of the dog and/or the person in control or care of the dog shall be responsible for, and to make good, any damage caused in any event by such dog whether or not leashed. The provisions of this subsection do not relieve the owner and/or person in control or care of said dog from liability to the City for violation of this Section.

(u) Sports Lighting and Electrical Usage. Field lighting is available subject to approval by the Department. Proper light usage, as outlined on the park facility use request form, must be adhered to.

(v) Loitering and Boisterousness. It is unlawful for any person or group of persons to engage in conduct within a park facility or public building that is boisterous, threatening, abusive, insulting, or incites riot, or conduct or behavior tending to cause or causing a breach of the public peace and enjoyment of the facility.

(w) Restrooms. No person shall loiter in or about such facilities nor shall any person use such facilities for purposes other than those intended.

(x) Compliance Required. No person shall enter, be or remain in any park or building of the City unless he/she complies with all of the regulations set forth in this chapter, the park facility reservation policy, and any conditions imposed upon a park reservation permit.

(y) Enforcement of Applicable Laws and Ordinances. All persons entering upon land owned, managed, controlled or operated by the City shall abide by the rules and regulations of the City, the laws of the State of California, Federal laws, and all applicable county and/or municipal ordinances.

(Ord. 97-3 § 2, 11-30-97)

(Ord. No. 2020-02, § 2, 4-21-2020; Ord. No. 2020-04, § 2, 8-18-2020)

Violations of any provisions of this chapter, including the park facility reservation policy adopted in accordance with this chapter and including conditions imposed upon a park reservation permit, shall be punishable in accordance with Section 1-2.01 of this Code.

(Ord. 97-3 § 2, 11-30-97)

The City Council may adopt a park facility reservation policy, by resolution, to supplement this chapter. Violations of the supplemental policy shall be deemed violations of this chapter.

(Ord. 97-3 § 2, 11-30-97)