Guadalupe Municipal Code Ch. 12.14 Parks

The purpose of this chapter is to provide regulations for the use of City parks.

(Ord. 2007-384 §1)

"Park"

means any park owned or operated by the City of Guadalupe.

"Permit"

means a written license issued by the City authorizing a special event or activity at a park.

"Special event"

means any group of people participating in an organized activity (other than public employees acting within the course and scope of their employment) on or within a City park. It does not include minor assemblages such as family picnics or other minor use of the park not requiring the protections and security set forth in Section 12.14.130.

Vehicle, motorized.

"Motorized vehicle" means any conveyance with a motor including, but not limited to, automobiles, trucks, campers, recreational vehicles, motorcycles, snowmobiles.

Vehicle, all other (Nonmotorized).

"All other (nonmotorized) vehicles" means, excepting baby carriages or strollers, any conveyance, including but not limited to: tricycles, bicycles, sleds, sleighs, skateboards, pushcarts or horsedrawn conveyances.

(Ord. 2007-384 §1)

It is unlawful to do the following in any park, unless otherwise authorized by permit:

A. Drive any motorized vehicle on any area except the designated park roads or parking areas, or such areas as may on occasion be specifically designated as temporary areas;

B. Park or leave standing a motorized vehicle anywhere other than on a designated parking area;

C. Wash or repair any motorized vehicle.

(Ord. 2007-384 §1)

It is unlawful to do the following in any park, unless otherwise authorized by permit:

A. Leave a bicycle in a place other than a bicycle rack;

B. Ride a nonmotorized vehicle without reasonable regard for the safety of others;

C. Wash or repair any nonmotorized vehicle.

(Ord. 2007-384 §1)

It is unlawful to do the following, unless otherwise authorized by permit: Possess or set off any firework.

(Ord. 2007-384 §1)

It is unlawful to do any of the following unless authorized by permit:

A. Display any advertising signs or other advertising matter; excepting a sign attached to a vehicle to identify the vehicle, or a sign otherwise lawfully on a vehicle whose purpose is public transportation;

B. Operate for advertising purposes any musical instrument, soundtrack, or drum;

C. Hold assemblages that are generally open to the public and advertised as such;

D. Conduct exhibitions;

E. Hold a parade;

F. Hold a special event.

(Ord. 2007-384 §1)

It is unlawful to do any of the following unless authorized by permit: Build, maintain or use a fire except in places provided for such purpose. Any fire shall be continuously under the care and direction of a competent adult person from the time it is started until it is extinguished.

(Ord. 2007-384 §1)

It is unlawful to bring glass beverage container(s) into any City park.

(Ord. 2007-384 §1)

The City Council intends to discourage and prevent the consumption of alcoholic beverages in all parks. It is unlawful to bring any alcoholic beverages into any park without a permit granted by the City Administrator. The fee for such permit shall be established by resolution of the City Council. Any sale of alcoholic beverages in any park shall require a permit.

(Ord. 2007-384 §1)

No person having the control or care of any dog shall suffer or permit such dog to enter or remain in a park (with the exception of an area so designated as off-leash), unless it is led by a leash of suitable strength. Except as provided in subsections A and B below, provisions of this section shall not apply to guide dogs, signal dogs or service dogs as such are defined in the California Civil Code.

A. The person controlling, or having the custody of such dog shall be responsible for all damages caused by such dog and shall remove and dispose of their dog's waste.

B. Dogs are not permitted:

1. On sports fields;

2. Within 20 feet of any installed playground equipment; and

3. On a leash longer than 6 feet in length.

C. No more than 3 dogs per person are allowed in any park or facility including designated off-leash parks and facilities.

D. Any unleashed animals in or upon any public park, park building or recreation area in the City is hereby declared a public nuisance, and the Chief of Police is hereby directed to abate all such nuisances as soon as reported by impounding such animal, whether licensed or not. Any officer or employee of the City is hereby authorized to abate all such nuisances by the removing of such dog from park property.

(Ord. 2007-384 §1)

Unless authorized by a permit, it is unlawful to do the following:

A. Camp or stay overnight;

B. Enter an area posted as "closed to the public";

C. To play the game of golf in any of its forms or refinements by the use of golf clubs or any other media or to strike a golf ball in any park in the City. The playing of that game of golf known as putting is further prohibited in any park in the City;

D. Fail or refuse to produce and exhibit any permit he or she claims to have, upon request of any peace officer or authorized City employee.

(Ord. 2007-384 §1)

Unless authorized by permit issued by the City Administrator, it is unlawful for any person to be present in any park during the hours the park is closed. All park areas are closed from sunset until sunrise of the following day. Closing hours will be posted at all parks.

(Ord. 2007-384 §1)

Permits for (1) special events in a park; (2) special events in a park at which alcoholic beverages will be sold; or (3) special events in a park at which an admission fee shall be charged by the permittee shall be obtained by application to the City Administrator, or designee, as follows:

A. Standards for issuance of any permit authorized by this chapter shall include the following:

1. That the proposed activity or use will not unreasonably interfere with or detract from the general public's enjoyment of the park;

2. That the proposed activity or use will not unreasonably interfere with or detract from the promotion of the public health, safety and welfare;

3. That the proposed activity or use reasonably anticipated will not include violence, crime or disorderly conduct;

4. That the proposed activity or use will not entail extraordinary or burdensome expense either through police operation or otherwise by the City; in the event that it will create extraordinary or burdensome expense, the applicant will be required to pay for those costs by depositing a certain sum prior to issuance of the permit;

5. That the facilities desired have not been reserved for other use on the date and hour requested in the application;

6. That the applicant provide to the City a certificate of insurance in an amount and coverage required by the City Administrator prior to the issuance of the permit.

B. A person seeking issuance of a permit hereunder shall submit a completed application to the City Administrator, or designee, which includes:

1. Name and address of the applicant;

2. Name and address of the persons, business or corporation sponsoring the activity;

3. Day and hours for which the permit is desired;

4. Designation of applicable park or portion thereof;

5. Liability insurance coverage available to the applicant for the proposed activity or use intended;

6. Department of Alcohol and Beverage Control written authorization;

7. Any other information reasonably necessary to make a determination whether a permit should be issued.

C. The decision on the permit shall be made no later than 5 working days after submission to the City Administrator. The decision of the City Administrator to grant or deny the permit is final.

D. Once a permit is issued by the City Administrator, a copy thereof shall be promptly delivered to the Police Department.

E. Denial of the permit shall be in writing, and mailed to the applicant at the address shown on the permit application.

F. Granting of the permit shall be in writing, and mailed to the applicant at the address shown on the permit application.

G. The City Administrator shall be authorized to revoke a permit for good cause. Any revocation shall be appealable as set forth in Section 12.14.140. Good cause shall include, but not be limited to, the following:

1. Failure to comply with the conditions of the permit;

2. Failure to comply with State and local laws and regulations.

(Ord. 2007-384 §1)

A. In the event the City Administrator revokes the permit, the notification shall include the reason for revocation. Within 10 days after mailing of the City Administrator's written decision to the applicant, any aggrieved person shall have the right to appeal the decision to the City Council by serving written notice thereof on the City Clerk within 10 days after mailing of the City Administrator's written decision to the applicant.

B. The City Council shall hear the appeal at its next scheduled meeting. The City Council may continue the hearing if that is deemed necessary; however, the decision of the City Council is final.

(Ord. 2007-384 §1)