Fresno Municipal Code Art. 5 Parks and Playground Regulations

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.

(a) "Park" shall mean city owned or maintained parks and recreation centers, city and school playgrounds, or any park owned, operated or maintained by a special district.

(b) "Director" shall mean the Director of Parks After School, Recreation Community Services Department also be referred to as PARCS Director.

(Added Ord. 67-138, 1968; Am. Ord. 78-181, § 1, eff. 12-29-78; Added Ord. 2003-20, § 4, eff. 4-1-03; Am. Ord. 2007-96, § 4, eff. 1-19-08).

Within the limits of any park, no person shall:

(a) Sell any tickets for a performance or activity or seek contributions for a performance or activity, whether conducted in the park or elsewhere, except with the prior written permission of the Director.

(b) Cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other structure, apparatus, or property; or pluck, pull up, cut, take or remove any shrub, bush, plant, or flower, or mark or write upon any building, monument, fence, bench or other structure, or carry any flowers, shrubs, or branches into or through any park.

(c) Cut or remove any wood, turf, grass, soil, rock, sand, or gravel.

(d) Distribute any commercial handbills, or circulars, or post, place, or erect an advertising device of any kind.

(e) Swim, bathe, wade in, or pollute the water of any fountain, pond, lake, or stream, except that wading and swimming shall be permitted in pools provided for these purposes.

(f) Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior special permission has been obtained from the Director.

(g) Camp or lodge at any place not set apart for that purpose without prior written permission of the Director.

(h) Ride, drive, or propel any vehicle elsewhere than on the paths, roads, or drives provided for such purpose with the exception of wheelchairs or other power-driven mobility devices used by persons with mobility disabilities, if those devices can be safely operated pursuant to City policy and consistent with the Americans with Disabilities Act.

(i) Indulge in riotous, threatening, indecent or immoral conduct, or abusive, threatening language or throw stones or missiles.

(j) Sell, or offer for sale, any merchandise, article or thing, whatsoever, without prior written permission of the Director.

(k) Fish in any park except in lakes provided for that purpose and at the times designated by the Park Superintendent.

(l) Play or practice golf or archery, or fly motor driven model aircraft in any park except in areas specifically designated and posted for such purpose.

(m) Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shell, credit, or other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any provision of this Code.

(n) Practice, carry on, conduct, or solicit for any trade, occupation, business, or profession, without the written permission of the Director.

(o) Row, or sail on any pond, lake or waters in any boat or raft, excepting one provided for that purpose by the city or holder of boating privileges, without first obtaining the written permission of the Director.

(p) Enter, remain, stay, loiter, park or leave standing any vehicle between the hours of midnight and five a.m. of the following day, without the written permission of the Director.

(q) Take into, exhibit or use in any park any firearm, air gun, sling shot, firecrackers, torpedoes, rockets, or other fireworks, or other articles of like character.

(r) Go upon any lawn or grass plot, where prohibited by the Director, and which prohibition is indicated by legible signs.

(s) Open, expose, or interfere with any water or gas pipe, hydrant, stopcock, sewer, basin, or other construction, in any park.

(t) Use a sound amplification system which violates the City's Noise Ordinance as set forth in Chapter 10 of this Code.

(u) Possess a lighted or burning tobacco or tobacco-related product, including but not limited to cigars, cigarettes and pipes; use or chew tobacco or tobacco-related products; or dispose of any lighted or unlighted tobacco or tobacco-related product in any place other than a designated waste disposal container.

(v) Throw or place any paper, bottle, trash, or refuse matter of any kind whatsoever, or any other article or thing, upon the grounds in any public park or pedestrian mall, or in any of the fountains, lakes, ponds, or streams therein.

(w) Hunt, pursue, annoy, throw stones or missiles at, or molest or disturb in any way, any animal, bird or reptile.

(x) Remain in, or place anything in, any public place or way in a park so as to obstruct, or unreasonably hinder the use for which such place was designed.

(y) Possess one or more shopping carts while in a park, without first obtaining the written permission of the Director.

(Orig. Ord. 1076, 3244, and 3356; Am. Ord. 5311, 1958; Am. Ord. 6007, 1961; Am. Ord. 6915, 1966; Am. Ord. 67-138, 1968; Am. Ord. 72-41, 1972; Am. Ord. 2004-138, § 1, eff. 1-25-05; Am. Ord. 2006-10, § 1, eff. 3-13-06; Am. Ord. 2007-96, § 4, eff. 1-19-08; Am. Ord. 2011-6, § 5, eff. 4-10-11; Am. Ord. 2014-19, § 1, eff. 4-25-14).

(a) Except in parks designated by the City to be "dog parks" no person having the control or care of any dog shall suffer or permit such dog to enter or remain in a park unless it be led by a leash of suitable strength not more than six feet in length.

(b) 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.

(Orig. Ord. 1076; Am. Ord. 98-34, § 1, eff. 6-27-98; Am. Ord. 2007-96, § 4, eff. 1-19-08).

This section is intended to comply with Section 115800 of the Health and Safety Code and to adopt supplemental regulations for the safe use of city-owned and/or operated skateboard parks, facilities, or structures. The following requirements shall apply to all parks, facilities, and structures owned, operated, maintained, and/or provided by the city for the use of skateboarders and inline skaters:

(a) Safety Equipment. No person shall use a city skateboard park, facility or structure without wearing elbow pads, knee pads, wrist pads and a helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC) or standards established by these entities subsequent to the adoption of this section.

(b) Skateboards and Inline Skates. No person shall be in or on the skateboard park, facility, or structure except those who are using skateboards or inline skates to practice skateboarding or inline skating.

(c) Food and Beverages. No person shall cause any food or beverage or food or beverage container to enter or be on a skateboard park, facility, or structure.

(d) Hours of Operation. No person shall use, enter, or be on a skateboard park, facility, or structure outside of the hours of operation posted on the skateboard park, facility, or structure.

(e) Occupancy. No person shall use, enter, be on or remain on a skateboard park, facility, or structure after the Director has notified them that they need to leave the skateboard park, facility or structure on the basis of an unsafe occupancy of the skateboard park, facility or structure.

(f) Ingress and Egress. No person shall enter or exit a skateboard park, facility, or structure by any means other than by walking through a gate, turnstile, door, or other means provided and intended by the city for ingress or egress into the skateboard park or facility.

(g) Rules and Regulations. No person at, in or on any skateboard park, facility or structure shall violate any rule or regulation developed and adopted by the Director and posted on signs at the skateboard park or facility or any other applicable regulation provided in this article.

(h) Fines and Penalties. Notwithstanding any contrary provisions in this article, any person violating subsections (a) through (f) is subject to an administrative fine of fifty dollars ($50) for the first violation, one-hundred dollars ($100) for the second violation, and two-hundred dollars ($200) for the third and all subsequent violations. Alternatively, violations of this section may be prosecuted by the City Attorney's Office as an infraction, with a maximum penalty of fifty dollars ($50) for the first violation, one-hundred dollars ($100) for the second violation, and two-hundred ($200) dollars for the third and all subsequent violations. In addition to an administrative fine of two-hundred dollars ($200) for a third or subsequent violation, the Director may determine that a violator has forfeited to the city his or her skateboard, inline skates, bicycle, and/or scooter and the Director may permanently bar the violator from using any or all of the city's skateboard parks, facilities, or structures.

(i) Parent and Guardian Responsibility. The parent or legal guardian having control or custody of an un-emancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of an administrative fine imposed pursuant to this section.

(j) Appeals. Fines and penalties issued under this section shall be appealable to the City Administrative Hearing Officer under Chapter 1, Article 4 of this Code. Fines issued under this section are collectible under the procedures found in Chapter 1, Article 5 for collection of penalties, notwithstanding contrary provisions found therein.

(k) Seizure of Equipment. For purposes of administering this section, the Director may seize and hold a violators skateboard, inline skates, bicycle, or scooter at the time of issuing an administrative citation until an administrative hearing is held in front of the City Administrative Hearing Officer. Any time a violator's property is seized pursuant to this subsection, the Director shall provide the violator with a receipt and notice of a time and location for an automatic hearing in front of the City Administrative Hearing Officer no later than ten days from seizing the violator's property.

(l) Forfeited Equipment. After a hearing wherein the City Administrative Hearing Officer confirms the forfeiture, the Director shall deliver any skateboards, bicycles, inline skates, scooters forfeited to a non-profit charitable organization that serves youths or provides youth-activity programs.

(m) Postings. The city shall post signs at all skateboard parks, facilities and structures providing reasonable notice of the provisions of this section and the penalty for violations.

(Added Ord. 2003-20, § 3, eff. 4-1-03; Am. Ord. 2007-96, § 4, eff. 1-19-08).

No person or persons shall assemble, collect or gather together in any walk, driveway, passageway or pathway in any park or in any other place set apart for the travel of persons or vehicles in or through any park in such a manner that the free passage or use thereof by persons or vehicles passing along the same shall be obstructed.

(Orig. Ord. 1076; Am. Ord. 2007-96, § 4, eff. 1-19-08).

No itinerant vendor shall sell, expose for sale, or offer to sell, in or along any street adjoining or approaching any park, within two hundred feet of any entrance to said park, any goods, wares or merchandise of any kind whatsoever.

(Orig. Ord. 1076; Am. Ord. 2007-96, § 4, eff. 1-19-08).

No person shall consume or possess in any park any alcoholic beverage, except that the Director may authorize the possession and consumption of alcoholic beverages during special events held on City owned or controlled property which is under his or her jurisdiction including but not limited to Rotary Playland within Roeding Park, the downtown malls, Eaton Plaza, and the Rotary Amphitheater and Japanese Garden in Woodward Park for the benefit of the city, and except that the Council may authorize, in the city's lease agreements, the possession and consumption of alcoholic beverages during an event held on the leased premises and conducted by the organization leasing the premises from the city, when the event is for the benefit of that organization or the city. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer and any liquid or solid containing one half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

(Added Ord. 69-77, 1969; Am. Ord. 79-177, § 1, eff. 12-7-79; Am. Ord. 82-94, § 1, eff. 10-1-82; Am. Ord. 83-94, § 1, eff. 7-22-83; Am. Ord. 87-159, § 3, eff. 12-18-87; Am. Ord. 96-45, § 1, eff. 7-19-96; Am. Ord. 2007-96, § 4, eff. 1-19-08).

All public parks within the City of Fresno are designated "drug free zones" pursuant to state law. This section applies and is enforceable only if notice of this section is posted at the park.

(Added Ord. 99-41, § 1, eff. 7-30-99; Am. Ord. 2007-96, § 4, eff. 1-19-08).

(a) Designated Park Areas. For purposes of this section, the term "Designated Park Areas" shall refer to Registration Areas and Special Activity Areas as described hereunder.

(b) Use Of Registration Areas. The Director shall designate those areas of any park the usage of which is heavy, and shall restrict the use thereof to persons or groups registering in advance for such use. Such assignment shall be upon a "first come first served" basis, except in cases of periodic usage by groups such as state picnics, annual picnics of employee groups, folk dance groups and similar groups. In such cases, the Director in the exercise of his or her discretion shall prioritize the usage of such periodic user groups without regard to who first applied, provided a suitable alternative area is available for the use of the earlier in time registrant group(s).

(c) Use Of Special Activity Areas and Group Activities.

(1) The Director shall designate those areas of any park which are designed or desirable for special or limited activities. Without limitation, Lisenby Bandstand in Roeding Park and the outdoor theatre in Ralph W. Woodward Park and bird refuge are hereby declared to be such areas. The use of such areas shall be subject to prior permission as specified herein.

(2) No group of more than twenty-five persons shall utilize for any purpose any area in any park, without prior permission as specified herein.

(d) Any person or group desiring to use an area or conduct an activity described in subsections (c)(1) and (c)(2) shall first submit a written application as the Director may prescribe. The application shall be made at least fifteen days before the use or activity is to commence, provided that the Director may, in his or her discretion, waive the filing of a written application and/or the time limit.

(e) The Director is hereby granted the following additional powers and assigned the following additional duties:

(1) The Director shall assess and evaluate the public health, safety and welfare problems arising from the occurrence of such activity or the use of the requested area of the park, and considering the age of the participants, the hour of the conducting of the activity, the type of the activity proposed, the extent and type of advertising thereof, the condition of the premises, including access thereto, the current status of the level of delinquency in the community at large and the locale of the activity in particular and other similar and pertinent factors and he/she shall designate the minimum number and type of persons who shall be required to be present to enforce laws and regulations and maintain decorum and pedestrian and vehicular traffic control at or about the premises of the activity.

(2) The Director shall assess and evaluate such activity or the use of the requested area of the park and considering the nature of the activity or use, shall determine whether or not it will create unusual wear and tear of park property and/or accumulation of trash. Upon making such determination the Director shall impose conditions on the activity or use reasonably calculated to decrease or eliminate the problem(s).

(3) The Director in his/her discretion and based upon a consideration of the activity and/or the use shall limit the hours of use of any facility or area.

(4) The Director's decision(s) under this section shall be based upon the exercise of his or her discretion and in light of the above factors and shall be rendered to promote and protect the health, safety, and welfare of the participants in the activity and the spectators who may be drawn thereto, and property including the property involved, and the community at large.

(f) The Director shall issue a permit for the use or activity described in subsection (c). The permit shall be deemed issued when entered upon the park records except that any special conditions shall be in writing. The permittee shall comply with any special conditions imposed under subsection (e).

(g) Any interested person may appeal any decision of the Director made under this Section and relating to an application for a permit for the use of a special activity area or group activity to the City Manager who shall immediately hear and consider the matter and grant, grant with conditions, or deny the permit.

(h) Any person or group obtaining a permit from the Director pursuant to this section shall not be required to obtain a special event permit under Chapter 14 of this Code.

(i) No person or group shall interfere with the use or activity of any area assigned to any other person or group by registration or permit issued under this section.

(Orig. Ord. 1076; Am. Ord. 67-138, 1968; Am. Ord. 72-41, 1972; Am. Ord. 87-159, § 2, eff. 12-18-87; Am. Ord. 99-71, § 1, eff. 12-25-99; Am. Ord. 2007-96, § 4, eff. 1-19-08).

(a) There is hereby created a commission which shall be known as the Fresno Youth Commission, or for purposes of this Section, the "Commission." The purpose of the Commission is to advise the Council and Mayor on issues relating to youth. The Commission is empowered to and shall perform such advisory functions as are delegated to it by the provisions of this section or other action of the Council.

(b) The Commission shall consist of eight (8) voting members and eight (8) alternates.

(1) Each member of the City Council shall appoint two members to the Commission from their district; the Mayor shall appoint two members from the city-at-large. One appointment will be the voting member and the second appointment will be an alternate member.

(2) Immediate family members of City Councilmembers and Mayor shall not be eligible for appointment.

(3) City Councilmembers and Mayor shall make an effort to involve local youth-serving organizations in the selection and appointment process when appropriate and convenient.

(c) Qualifications for Commission members include:

(1) Each appointed member and alternate must reside or attend school within the Fresno city limits and shall be youth between fifteen and twenty-one years of age, at the time of appointment.

(2) Members and alternates may serve up to age twenty-three.

(3) Membership is restricted to youth who have an understanding of the needs of young people, experience with youth programs or youth-serving organizations, or involvement with school or community activities, and who are able and prepared to participate in the Commission activities and make the required commitment of time and energy.

(4) Members of the Commission shall serve for a two-year term. No person appointed to Commission shall be eligible to serve more than two consecutive terms (a total of four years).

(5) The Commission shall select a Chair and Vice Chair from among its members to serve for a one year term; no member shall serve more than two consecutive terms in either position.

(d) The Commission shall establish its rules and regulations for the conduct of its business. Such rules and regulations shall be consistent with this section and all other applicable laws and regulations, and shall enable the Commission to carry out the purpose of this section.

(1) All meetings of the Commission shall be subject to the Ralph M. Brown Act (Chapter 9 of part 1 of division 2 of title 5, commencing with Section 54950, of the California Government Code).

(2) The Commission shall schedule at least one meeting per month at a designated time and place. No more than four excused absences per year and one unexcused absence per year shall be allowed. Commissioners must notify the Youth Coordinator or Chair of the Commission of any anticipated absence 72 hours prior to the meeting at which the Commissioner will be absent, unless an emergency arises. Excused absences may be due to, but not limited to, personal, school, or medical circumstances. Excused absences shall be granted at the mutual discretion of the Youth Coordinator and the Chair of the Commission. A Commissioner exceeding the absence limit shall be automatically removed from their position. This attendance policy may be amended in the Commission's bylaws by vote of 2/3 of the Commission.

(3) A simple majority of members shall constitute a quorum at any regular or special meeting of the Commission.

(e) The youth-serving organization designated by the City Council will work with the City Clerk and city staff together to provide guidance to the Commission.

(1) Agendas and minutes of the Commission shall be prepared by the City Clerk, or their designee, filed with the Office of the City Clerk, and shall be a public record.

(2) The youth-serving organization designated by City Council will provide staff in an adult supervisory role to support all the Commission activities.

(3) The City of Fresno will secure funding for the business of the Commission, provide website hosting, and any other technical support.

(4) The council staff will serve as liaisons to the Fresno City Council and provide support as needed.

(f) The Commission shall have the following powers and duties:

(1) Identify the concerns and needs of the youth of Fresno through community outreach and engagement; and hold public forums in which children, youth and families are encouraged to participate.

(2) Examine existing social, economic, educational, and recreational programs for youth; develop and propose plans that support or improve such programs; and make recommendations thereon to the City Council and Mayor.

(3) Develop and maintain a yearly strategic plan outlining the areas of focus for the Commission within the purview and jurisdiction of the City of Fresno.

(4) Submit recommendations to the City Council and Mayor about juvenile crime prevention, job opportunities for youth, recreational activities for teenagers, opportunities for effective participation by youth in the governmental process, and changes in city regulations that are necessary to improve the social, economic, educational, recreational advantages, health and well-being of youth.

(5) Work with the public and private sectors to bring forth the concerns of youth as well as evaluate programming that will enhance the development of young people.

(6) Develop a communication network to disseminate information about services for youth and serve as a forum for young people.

(7) Report to the City Council the activities, goals and accomplishments of the commission by June 30 of each calendar year, effective January 1, 2016.

(8) Submit quarterly reports or as requested to the City Council and Mayor.

(9) Commissioners shall meet with their appointing Councilmember or Mayor at least twice a year.

(Added Ord. 2015-17, § 1, eff. 7-20-15; Am. Ord. 2021-032, § 1, eff. 7-29-21).