Chapter 12.32 — PARK AND RECREATIONAL AREA REGULATIONS

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Camp" means to place, pitch or occupy a camp facility; and/or to use camp paraphernalia.

"Camp facility" means a tent, hut, and/or temporary shelter.

"Camp paraphernalia" means bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, and/or similar equipment.

"Dangerous or deadly weapon" means any dirk or dagger; any knife or sword with a blade exceeding three inches in length; any snap-blade, spring-blade, or push-button knife regardless of blade length; any ice pick or similar sharp stabbing tool; and/or any straight-edge razor or any razor blade fitted to a handle.

"Dawn" means one-half hour before sunrise.

"Director of parks and recreation" means the director of public works or the person so designated by city council.

"Director of public works" means the department head of the public works department appointed by the city.

"Dusk" means one-half hour after sunset.

"Other wheeled recreational device" means nonmotorized bicycles, scooters, inline skates, roller skates, or wheelchairs being used for recreational purposes.

"Park and recreation facility" means any park, square, avenue, trail, grounds or recreation center or other facilities under the control, management or direction of the director of parks and recreation of the city.

"Park ranger" means the public officer authorized by city council to enforce park rules and regulations.

"Persons" mean persons, organizations, associations, partnerships, firms and corporations.

"Recreation leader" means a person working under the direct supervision of the director of parks and recreation and whose duty is to organize, supervise or conduct recreational activities in a leadership capacity.

"Smoking" means the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting of or the emitting or inhaling of smoke of a pipe, cigar or cigarette of any kind. The use of any electronic smoking device and/or vapor pen that emits a vapor or aerosol will also be considered smoking.

(Ord. 650 § 2 (part), 2005; Ord. No. 778, § 1, 10-11-2016; Ord. No. 808, § 1, 3-9-2021)

No person shall disobey or violate any of the rules, policies or regulations of the director of parks and recreation governing the use and enjoyment by the public of any park and recreation facility or governing the use and enjoyment of any building, structure, equipment, apparatus or appliances thereon, which rules or regulations at the time are posted in some conspicuous place in the park and recreation facility, or in or near the building, structure, equipment, apparatus or appliances to which the rule or regulation applies.

(Ord. 618 § 2, 2003)

No person shall disobey any instruction, sign or notice posted by the director of parks and recreation in any park and recreation facility, or in any building, structure, or construction project thereon for the control, management, or direction of such park and recreation facility, structure, or construction project.

(Ord. 618 § 2, 2003)

A.

In an emergency or when the director of parks and recreation, the park ranger, the police chief, the fire chief, or their designee shall determine that the public interest, or public health, or public morals, or public safety demands such action, any park and recreation facility or any part or portion thereof, may be closed against the public and all persons may be excluded therefrom until such emergency or other reason upon which such determination of the director of parks and recreation is based has ceased, and upon the cessation thereof the park and recreation facility, trail, grounds or recreation center or part or portion thereof so closed shall again be reopened to the public by the director of parks and recreation.

B.

Any person, by whom or under whose direction or authority, either as principal, contractor or employer, any part or portion of any park and recreation facility is made dangerous, must erect and, so long as the danger continues, maintain around the portion of the park, and/or recreation facility, or retain at both ends of such barrier, during every night from sunset until daylight, illumination sufficient to give warning of such danger.

C.

Where work has been done in any park and recreation facility under any permit, the permittee shall repair, reconstruct, and put the ground in as good condition in all respects when the work shall have been completed or terminated or such permit shall have expired, as such ground was in when such permit was granted or such work commenced; the condition of the ground, site, or place in any park and recreation facility where any work has been done pursuant to any permit, shall be made satisfactory to the director of parks and recreation, and on completion of such work, the permittee shall forthwith remove all buildings, structures, machinery or equipment used in connection with such work from such park.

(Ord. 650 § 2 (part), 2005)

A.

General Conduct. Except upon receiving prior written authorization from the director of public works, it shall be unlawful for any person while within or on any park and recreation facility to:

Throw stones or other missiles;

Make or kindle a fire except as provided by subsection F of this section;

Fire or carry firearms;

Brandish or carry any dangerous or deadly weapon;

Fire or carry any firecracker, torpedo or fireworks;

Play any game of chance, or have, or use, or operate any gaming table, or instrument, or apparatus or equipment for such use;

Do any act which is a breach of the public peace;

Tell fortunes, read horoscopes, or practice palmistry for compensation;

Climb, ride or skate upon any wall, fence, shelter, seat, building, structure, or construction project;

Improperly dispose of a glass container;

Camp, occupy a camp facility, or use camp paraphernalia.

B.

Altering Landscape. No person shall perform any labor in or upon any park and recreation facility such as taking up or replacing soil, turf, ground, pavement, structure, tree, shrub, plant, grass, flower and the like, except by virtue of a written permit issued by the director of parks and recreation to some person authorizing such labor. A violation of this subsection shall be a misdemeanor punishable by a fine and/or a term of imprisonment or both as provided by the general laws.

C.

Damaging Trees, Shrubs. No person shall cut, break, dig up, pull up, pluck or in any manner injure any tree, bush, shrub, flower or plant growing in any park and recreation facility or in any building or structure within

any park or recreation facility. A violation of this subsection shall be a misdemeanor punishable by a fine and/or a term of imprisonment or both as provided by the general laws.

D.

Removing Trees, Shrubs. No person shall remove or take away any tree, wood, bush, turf, flower, plant, grass, soil, rock or anything of the like from any park or recreation facility. A violation of this subsection shall be a misdemeanor punishable by a fine and/or a term of imprisonment or both as provided by the general laws.

E.

Creating Obstructions. No person shall build, construct, erect, put up or maintain any building structure, fence, wall, monument, dome or other thing in or upon any park and recreation facility without first having obtained from the director of parks and recreation a permit to do so, and any such building, structure, fence, wall, monument, dome or other such thing shall not prevent, hinder or impair the full and free use and enjoyment by the public of such park and recreation facility.

F.

Fire and Barbequing. No person shall, in any park and recreation facility, make any fire, except in facilities specifically provided by the city; or in a container specifically manufactured for such purposes. All fires shall be completely extinguished prior to abandoning the area. Coals and ashes from privately owned barbeques shall not be dumped or deposited in the park.

G.

Trash, Littering and Dumping.

No person shall throw, place, cast, deposit, dump or cause to be thrown, placed, cast deposited or dumped, any ashes, refuse, offal, vegetables, garbage, glass, crockery, dross, cinders, shells, straw, shavings, paper, scraps, dirt, dead animal, dead fish, dead fowl, dead bird or dead reptile, bones, tin cans or like matter, empty box, carton, waste paper, remains of food, newspaper, filth or rubbish of any kind on the grounds, streets, sidewalks, or landscaping in any park or recreation facility.

No person shall dump or deposit any waste matter in any park or recreation facility container except waste matter created as a result of a park or recreation facility activity.

No person shall place, pile, deposit or leave any building material or any article or thing whatsoever upon any park or recreation facility without first having obtained a permit from the director of parks and recreation.

H.

Fishing. No person over the age of twelve years shall engage in the activity of fishing in any pond or stream within a city park.

I.

Swimming. No person shall swim in any public swimming pool within a city park whenever such a pool is posted as closed. Swimming is not allowed at any time at Lion's Pond in Condon Park.

J.

Alcoholic Beverage Possession and/or Consumption.

The possession and/or consumption of alcoholic beverages by any person in unlawful in any park and recreation facility, except upon the issuance of a facility use or special event permit by the director of parks and recreation.

Notwithstanding subsection J.1. of this section, it shall be unlawful for any person to possess or consume alcoholic beverages at any time in portions of any park and recreation facility that have been designated by city council resolution as a "no alcoholic beverage" area and/or where signs are posted that prohibit alcohol.

K.

Smoking/Tobacco Products. Smoking or the use of tobacco products is unlawful and prohibited within or on any park and recreational facility.

L.

Posting of Handbills. It is unlawful for any person or organization to distribute, post, or affix; cause to be distributed, posted or affixed any handbill, circular, booklet, card, pamphlet, sheet or written or printed notice advertising any commodity, article, merchandise, business activity, person or thing in or upon any park and recreation facility, unless written permission is obtained from the director of parks and recreation.

M.

Vendors and Peddlers. No person shall bring or cause to be brought, for the purpose of sale or barter, or have for sale or sell or exchange, or offer for sale or exchange any goods, wares or merchandise, or other things into any park and recreation facility, without first having obtained a facility use permit, a concession agreement or a lease from the director of parks and recreation to do so.

N.

Animals in the Park.

It is unlawful for any person to bring, have, allow, suffer, or free any animal within any park and recreation facility, including, but not limited to, any dog, cat, horse, fowl, bovine or other domestic animal, or any reptile or other wild animal; except for service dogs.

Dogs shall be permitted in Condon Park, except in those designated areas that have signs posted which prohibit dogs in that specific area. At no time shall dogs be allowed in or within a park building, playground, little league baseball facility, skateboard park, or group barbeque area. All dogs and their owners shall comply with the following special rules:

(a)

Dogs shall be currently licensed and vaccinated with a license visibly attached.

(b)

Dogs shall be on a leash (six-foot maximum) and accompanied by an adult at all times.

(c)

Dangerous or vicious dogs are prohibited in city parks. A vicious or dangerous dog is one that has previously attacked or bitten someone, or attacks another animal unprovoked, or that exhibits behavior that is perceived to be threatening.

(d)

Dogs in heat or less than four months of age are prohibited in city parks.

(e)

Owners shall clean up after their dogs and deposit waste in a trash receptacle.

(f)

Dog owners are responsible for the behavior of their pet. The city shall not be responsible for injury or illness to dogs or their owners.

(g)

Dog owners are requested to monitor and self-police the dog area.

(h)

The number of dogs with any person shall not exceed three.

(i)

Failure to comply with posted rules may result in citation, expulsion from the park, or may cause the animal to be impounded.

It shall be unlawful for any person to disobey or violate the special rules relating to dogs in the park. Signs shall be posted at each entrance to Condon Park providing all person using the park with reasonable notice of the special rules and further providing notice that any person failing to do so shall be subject to citation.

O.

Vehicle Use in the Park.

No person shall ride, drive or propel any vehicle within any park and recreation facility, except upon the roads, driveways and highways provided and designated by the director of parks and recreation for such use, and must ride, drive or propel such vehicle in a careful manner, at lawful rate of speed, and in accordance with the rules and regulations made by the director of parks and recreation.

No person shall park any automobile or other vehicle on any lawn, vegetation or planted section in any park and recreation facility or in any pedestrian lane therein, or any other place where the rules and regulations of the director of parks and recreation prohibit vehicular parking. All vehicles must be parked so as not to obstruct the flow of traffic.

No person shall wash, polish, grease or repair any such automobile or other vehicle in any park and recreation facility except insofar as repairs may be necessary for the immediate removal of any damaged or disabled automobile or other vehicle from such park and recreation facility.

No person shall stop or park any vehicle at any place within the boundaries of any park and recreation facility after the hours of operation except when participating in an event authorized by the director of parks and recreation, and then only when such person stops or parks the vehicle at an area specifically designed for such stopping or parking in connection with the authorized event.

No vehicle carrying, or used in carrying goods, wares, merchandise, manure, soil, building material or other article or thing of commerce or trade, shall enter into or upon any park and recreation facility without prior authorization of the director of parks and recreation. Transportation of garbage into, upon or within any park and recreation facility is unlawful and prohibited.

P.

Park Waters. No person shall bathe in the waters of any lake, pond, pool, fountain, creek, river, or other water within or on any park and recreational facility; wash any clothing, cooking utensil, or other personal property in any such waters; or throw into or deposit any dirt, filth, or foreign matter in any such waters, or

in like manner pollute the same; provided, however, that nothing in this subsection prohibits a person from swimming in any public swimming pool in accordance with the rules and regulations provided therefor.

(Ord. 650 § 2 (part), 2005; Ord. No. 669, § 1, 11-28-2006; Ord. No. 674, § 1, 6-13-2007; Ord. No. 685, § 1, 11-27-2007; Ord. No. 778, § 2, 10-11-2016)

A.

The city council finds that Dow Alexander and Elisabeth Daniels Parks have limited ability to accommodate persons and therefore the following rules apply at all times:

Smoking and the use of tobacco products is unlawful and prohibited;

Except upon the issuance of a facility use or special event permit by the director of parks and recreation, possession and/or consumption of alcoholic beverages is unlawful and prohibited.

B.

The use of Elisabeth Daniels Park shall be restricted in duration to a period of time not to exceed one hour during any one day. It is unlawful for any person to remain in the park for more than one hour cumulatively in any day. Exceptions to this section require a facility use permit pursuant to Section 12.32.090 of this chapter.

(Ord. 650 § 2 (part), 2005)

A.

The city council finds and declares that the Condon Park skate park is a special use facility and therefore the following rules shall apply at all times:

Skateboarding has been deemed a hazardous recreational activity by the State of California within the meaning of Section 831.7 of the Government Code; individuals using the Condon Park skate park facility shall assume all risk of injury or loss.

It is unlawful for any person to ride a skateboard or other wheeled recreational device at any skate park facility within the city without wearing a helmet, elbow pads on each elbow, and knee pads on each knee, and shoes on each foot. Any person found riding a skateboard or other wheeled recreational device at a skate park facility not wearing a helmet, elbow pads on each elbow, knee pads on each knee, and shoes on

each foot shall be guilty of an infraction, and shall be subject to citation. This subsection (A)(2) applies to the Condon Park skate park facility and all other skate park facilities in the city, to the extent use of skateboards and other wheeled recreational devices are permitted therein.

The Condon Park skate park facility has been designed and constructed expressly for skateboard, in-line and roller skate activity and is not suited for other use. It is unlawful and prohibited for any person to operate a bicycle or use any other equipment, devices or makeshift items. Any person modifying ramps on the skating surface of the skate park shall be guilty of an infraction and shall be subject to citation. Prohibited equipment, devices, and makeshift items may be confiscated and destroyed.

Food, gum or beverages are unlawful and prohibited on the skating surface. Skating surface is defined as that area within the fenced area of the Condon Park skate park.

It is unlawful for any person to enter upon or engage in any activity within the Condon Park skate park when the facility is closed.

Smoking or the use of tobacco is unlawful and prohibited within twenty-five feet of the perimeter of the Condon Park skate park.

The use or possession of alcoholic beverages at any time in any portion of the Condon Park skate park facility is unlawful and prohibited.

All special events at the Condon Park skate park require a facility use permit pursuant to Section 12.32.090 of this chapter.

The city reserves the right to establish and set aside times in which the skate park may be used by identified age groups, i.e., younger kids.

Use of skateboards and other wheeled recreational devices is restricted on designated park roadways.

Any person who fails or refuses to comply with the provisions of this section and who is injured while using the Condon Park skate park facility shall be deemed negligent per se.

Signs shall be posted at the Condon Park skate park facility providing all persons using the facility with reasonable notice of these regulations and further providing notice that any person failing to do so shall be subject to citation pursuant to Section 12.32.120 of this chapter.

Individuals that intentionally damage or vandalize the Condon Park skate park facility, including graffiti, shall be guilty of a misdemeanor. Upon conviction said person shall be punished as provided in Section 1.12.020 of this Code. In addition, such individuals shall have their privileges to use this facility revoked.

B.

Whenever a law enforcement officer has probable cause to believe a skateboard or other wheeled recreational devices were used or are being used in violation of this section or any provision of Chapter 10.64 of this Code, such skateboard and other wheeled recreational devices may be seized as evidence and held until the disposition of the charge.

C.

Whenever a law enforcement officer determines that a person has two prior citations for a violation of this section or any provision of Chapter 10.64 of this Code, or any combination thereof, such skateboard or other wheeled recreational devices may be impounded for a period of sixty days. A person whose skateboard or other wheeled recreational devices has been impounded pursuant to this section may request a post-impoundment hearing within five days, to determine the validity of, or to address any mitigating circumstances attendant to the impoundment of the skateboard or other wheeled recreational devices.

D.

Where a person has been found to have three or more previous violations of this section or any provision of Chapter 10.64 of this Code, or any combination thereof, any subsequent conviction for a violation of either section shall result in the skateboard or other wheeled recreational devices being deemed a nuisance and shall be sold at auction.

(Ord. 650 § 2 (part), 2005; Ord. No. 808, § 2, 3-9-2021)

No person shall fly an airplane (remote controlled, motor driven), or propel a rocket or missile of any type, or participate in organized games such as baseball, football, hockey and the like in any park and recreation facility except at such places designated for such use by the director of parks and recreation.

(Ord. 618 § 2, 2003)

A.

Facility Use Permits.

Any lodge, society, social organization, social club or other organization of persons having twenty-five or more members desiring to use or reserve any park and recreation facility for a meeting, ceremony, celebration, picnic or other organized activity, shall notify the director of parks and recreation of such intended use, and shall obtain a facility use permit from the director of parks and recreation not less than seven days prior to such use. In all circumstances, a reservation is necessary for those facilities designated as "reservation only." Applications to conduct special events must be in accordance with subsection B of this section.

Any person desiring a facility use permit shall submit a written application in such form and containing such information as the director of parks and recreation may prescribe. Permits must be obtained not less than seven days prior to the proposed use.

Upon showing of good cause, the director of parks and recreation may consider an application which is filed less than seven days before the proposed facility use if there is sufficient time to process the application and coordinate the necessary city services.

Once the application has been filed, the director of parks and recreation shall assess and evaluate the proposed use of the requested park and recreation facility and approve, conditionally approve, or deny a facility use permit within two working days. If the application is denied, the applicant shall be informed in writing of the grounds for denial and of the right to appeal.

Taking into consideration the nature of the activity or proposed uses of the facility, the director of parks and recreation may impose special conditions on the proposed activity or facility use to protect the safety of persons or property. Activities or facility uses which require several special conditions may be categorized as a special event.

B.

Special Events Permits.

Any person desiring to use a city park and recreation facility for a special event shall notify the director of parks and recreation of such intended use, and shall obtain a special event permit from the director of parks and recreation not less than thirty days nor more than one year before the date of the proposed event. Park and recreation facility special events are temporary events which exclusively utilize city park and recreation facilities, to which the general public is admitted or invited. The requirements and provisions

established for each park and recreation special event are intended to ensure the general safety, health, and welfare of the community and to ensure that the temporary operation of the special event will be a compatible activity for the neighborhood in which it is located. Examples of park and recreation special events include, but are not limited to, walk-a-thons, runs, bicycle races, car shows, exhibitions, and sporting events.

Any person desiring a park and recreation special event permit shall submit a written application in such form and containing such information as the director may prescribe.

The director of parks and recreation and the police chief are granted the following powers and assigned the following duties related to park and recreation special events:

a.

The director of parks and recreation and the police chief shall review all special event applications, and consult other department heads, to assess and evaluate the impacts on parking, traffic flow, sanitation, security, police, and fire safety protection. Consideration shall also be given to the age of the participants, the hour of the activity, the nature of activity, the extent and type of advertising, and the impact and availability of city staff and resources.

b.

Upon showing of good cause, the director of parks and recreation and the police chief may consider an application which is filed less than thirty days before the proposed facility use if there is sufficient time to process the application, consult with other departments, and coordinate the necessary city services.

c.

Once the application has been filed, the director of parks and recreation and the police chief shall assess and evaluate the proposed park and recreation special event and approve, conditionally approve, or deny a special event permit within ten working days. If the application is denied, the applicant shall be informed in writing of the grounds for denial and of the right to appeal.

d.

Considering the nature of the activity or proposed uses of the facility, the director of parks and recreation and police chief may impose special conditions on the proposed event or facility use to protect the safety of persons or property. Conditions imposed on an event can include, but are not limited to, restrictions on amplified sound, alcohol consumption; sales of service, food or merchandise; as well as requirements to ensure adequate public notice, parking, security, traffic flow, sanitary facilities, and trash collection and removal.

Appeal of Decision.

a.

The applicant shall have the right to appeal to the city council a park and recreation special event permit denial, permit condition, or refusal to waive filing deadlines. In order to initiate an appeal, the appellant shall file a written notice with the city clerk within five working days of a denial of application or receipt of a conditionally approved permit. The appeal shall be considered at the first regular meeting of the city council to be determined in accordance with the established agenda scheduling procedure.

b.

Any interested person may appeal a decision of the director of parks and recreation and/or police chief made under this section and relating to an application for a facility use or special event permit.

Issuance and Suspension of Permits.

a.

A facility use or special event permit shall be issued once the facility use application has been approved, all fees and deposits have been paid, and all conditions imposed on the event have been satisfied. Park and recreation facilities must be used for the purpose stated on the application.

b.

The director of parks and recreation reserves the right to cancel, postpone or terminate a permitted facility use or special event under any of the following circumstances:

(1)

The applicant has violated any condition of approval imposed on the event.

(2)

The applicant has violated any provisions of the law.

(3)

The event causes a disturbance of public peace, threatens public safety, is considered unreasonably dangerous, or which endangers public or private property.

Rental Fees and Deposits.

a.

Fees and security deposits for facility use and special event permits shall be established by a resolution of the city council.

b.

The director of parks and recreation shall receive all fees, bonds and deposits from applicants for facility use and special event permits and cause them to be deposited with the finance department, and from time to time shall make a report to the city council of the permits issued.

(Ord. 638 § 1, 2004: Ord. 618 § 2, 2003)

No person shall enter upon, or engage in any activity in any park and recreation facility between dusk and dawn without a permit pursuant to Section 12.32.090 of this chapter. For the purpose of this section, all persons engaged in an authorized activity must be within twenty feet of the permitted facility. An exception to this policy will be allowed for playing tennis, which shall include players and spectators, and such activity shall be confined to the fenced tennis court and a twenty-foot distance immediately surrounding the fenced area with the tennis court lights operating. All such activities shall cease at ten p.m. unless a permit is obtained pursuant to Section 12.32.090 of this chapter.

(Ord. 650 § 2 (part), 2005)

Any person who interferes with any city employee in the performance of the employee's duties, or who by his or her conduct, interferes with the use of a park and recreation facility by any other person, or who has committed any public offense within a park and recreation facility, shall leave the park and recreation facility upon order by any police officer or person designated by the city manager or chief of police. A person who has been excluded from a park and recreation facility pursuant to this section shall not return to or reenter any park and recreation facility until the time that the park and recreation facility opens on the next day.

(Ord. 618 § 2, 2003; Ord. No. 793-A, § 1, 6-12-2018; Ord. No. 816, § 12, 6-28-2022)

A.

Any police officer or person designated by the city manager or chief of police may exclude any person who, while present in a park and recreation facility, violates any applicable ordinance, statute, posted rule or regulation, or city policy after written notice of same or by citation. Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions unless that person is also committing acts that are not protected that violate a specific provision of the law that would allow for exclusion.

B.

An exclusion from a park and recreation facility under the provisions of this section shall be for the specified time periods following occurrence of the following violations in a park and recreation facility:

One day: Single infraction of park rules or ordinances;

Thirty days: Arrest or citation for misdemeanor nonviolent crime (e.g., public intoxication) at a park and recreation facility, or a second infraction of park rules or ordinances within the previous twelve months;

Ninety days: Two arrests or citations for misdemeanor nonviolent crime at a park and recreation facility within the previous twelve months, or a third infraction of park rules or ordinances within the previous twelve months;

Twelve months: three or more arrests or citations for misdemeanor nonviolent crimes at a park and recreation facility within the previous twelve months, or four infractions of park rules or ordinances within the previous twelve months, or an arrest for felony crime (e.g., drug sales, aggravated assault) at a park and recreation facility within the previous twelve months.

Exclusions cover all park and recreation facilities, regardless of the location of the incident causing the exclusion notice to be issued.

C.

Written notice shall be given to any person excluded from any park and recreation facility under this section. Written notice required under this section shall:

Specify the date the exclusion begins and duration of the exclusion;

Identify the offending conduct leading to the exclusion;

Inform the excluded person of the right to appeal the exclusion;

Be signed by the issuing employee or officer; and

State any penalties for failing to comply.

D.

Any exclusion shall begin immediately upon the issuance of the exclusion notice and end at noon on the day following the end of the exclusion.

E.

At any time during the period of exclusion, a person receiving a notice of exclusion may appeal the exclusion in writing to the city manager or chief of police, as applicable, for a waiver or modification of the exclusion for good cause. Upon review by the city manager, chief of police, or designee, the exclusion shall be upheld if the exclusion notice includes information indicating that more likely than not, the person committed the violation and if the exclusion is otherwise in accordance with the law. The city manager, chief of police, or designee shall have authority to modify the terms of the exclusion for good cause. The decision of the city manager, chief of police, or designee shall be final.

F.

Both the department of public works or the police department will maintain an accurate database of those persons excluded from the parks and other recreation facilities by their respective employees.

G.

No person subject to the exclusion notice shall enter or remain in any park and recreation facility at any time during the period indicated by the exclusion notice.

(Ord. No. 793-A, § 2, 6-12-2018; Ord. No. 816, § 12, 6-28-2022)

Editor's note— Sec. 2 of Ord. No. 793-A, adopted June 12, 2018, amended § 12.32.120 in its entirety to read as herein set out. Former § 12.32.120 pertained to violations - penalties, and derived from Ord. No. 650, 2005.

A.

Unless specified otherwise, a violation of any provision of this chapter shall be punishable as an infraction or misdemeanor in the discretion of the city attorney and may be punished by a fine as established by Government Code Section 36900 then in effect.

B.

An offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of two or more violations of this chapter within the twelve-month period preceding the commission of the offense. For this purpose, a bail forfeiture is a conviction of the offense charged.

C.

In addition to the penalties specified in subsection A of this section, any violation of this chapter which constitutes an act of graffiti, as defined in Section 9.30.020 of this Code, shall also be subject to additional penalties for such violation as provided in Chapter 9.30 of this Code.

(Ord. No. 793-A, § 3, 6-12-2018; Ord. No. 816, § 12, 6-28-2022)