Gustine Municipal Code Art. 3 Use of Parks and Recreation Facilities

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 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 25 watts.

Building means those buildings, or any portion thereof, which are under the supervision of the parks, recreation, and playgrounds department and are made available to exclusive use by permittees.

Commissioner of parks and recreation means the chair of the Gustine Area Recreation Commission.

Legal authority means the council, city manager, chief of police, Gustine Area Recreation Commission, or persons authorized by the council to enforce the rules and regulations promulgated by the provisions of this article.

Park means all parks, playgrounds, greenbelts, open space, median strips, and other areas owned by, dedicated to, leased to, or operated or maintained by the city.

Permit means a permit for the exclusive use of the parks or buildings as provided for and defined in this article.

Vehicle means any wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled. The term "vehicle" shall include any trailer in tow of any size, kind, or description. Baby carriages and vehicles in the service of the city parks shall be excepted from this definition.

(Code 1966, § 10-2.02)

The purpose of this article is to regulate the use of the parks and recreation buildings of the city and to protect the rights of those in the surrounding areas.

(Code 1966, § 10-2.01)

The provisions of this article shall apply to and be in full force and effect at all parks and recreation areas under the jurisdiction and control of the city and shall govern the use of all such parks and recreation areas.

(Code 1966, § 10-2.03)

No person shall enter, be, or remain in any park or building of the city unless he complies with all the regulations set forth in this article applicable to such park or building.

(Code 1966, § 10-2.04)

The legal authority may establish such supplemental rules and regulations as from time to time may be required or necessary for the proper administration and regulation of conduct in the city's parks and recreation areas including, but not limited to, the times during which the parks, or any of the facilities therein, may be used. Any such supplemental rules and regulations promulgated under the provisions of this section shall be posted in or near the entranceway in each park and recreation area. Any change in any such rules and regulations established shall have prior written approval from the legal authority.

(Code 1966, § 10-2.37)

The provisions of this article shall not apply to any city employee, agent, or representative in the duly authorized performance of his duties.

(Code 1966, § 10-2.27)

The legal authority and/or its representatives or the police department, in connection with their other duties, shall diligently enforce the provisions of this article. The legal authority and its duly authorized employees and representatives shall have the authority to eject from parks and recreation areas any person acting in violation of the rules and regulations set forth in this article.

(Code 1966, § 10-2.36)

(a) Any sign required to be posted by the city pursuant to this article shall be placed at or near the entrance to the park and/or area requiring posting.

(b) No person shall disobey any instruction, sign, or notice posted by the Gustine Area Recreation Commission in any park, grounds, or recreation center, or in any building, structure, construction, or erection thereon, for the control, management, or direction of such park, grounds, recreation center, building, structure, construction, or erection.

(Code 1966, §§ 10-2.28, 10-2.38)

(a) The legal authority will enter into an agreement contract for all longterm concessions to be operated in any park.

(b) All persons holding contracts for concessions shall keep the grounds used by them properly policed and shall maintain the premises in a sanitary condition to the satisfaction of the city manager or designee. No operator of any concession shall retain in his employment any person whose presence is deemed by the city manager to be subversive of good and proper order and safety.

(c) It shall be unlawful for any person to engage in the business of soliciting, selling, or peddling liquids or food of any kind within the park without the approval of the legal authority.

(d) Concessions operating during special events in the parks of less than one week's duration (shortterm) will be acceptable upon approval by the legal authority.

(Code 1966, § 10-2.45)

No person shall remain in any park or recreation area during the hours of 11:00 p.m., or one-half hour after a scheduled event of one day and 6:00 a.m. of the following day. Each park shall have the closing hours posted at the entrance or some other prominent place in the park.

(Code 1966, § 10-2.05; Ord. No. 500, § 1, 11-5-2019)

State Law reference— Trespass, Penal Code § 602 et seq.

No person shall mark, deface, disfigure, injure, tamper with, or displace or remove any soil, building, bridge, table, bench, fireplace, railing, fencing, paving or paving material, water line or other public utility, or parts of appurtenances thereof, sign, notice; or placard, whether temporary or permanent, or other structure or equipment, facility, park property, or appurtenance whatsoever, either real or personal.

(Code 1966, § 10-2.06)

State Law reference— Malicious mischief, Penal Code § 594 et seq.

No person shall damage, cut, carve, transplant, or remove any tree, plant, or flower, or any portion thereof, or injure the bark or pick the flowers or seeds of any tree or plant. No person, other than an authorized city employee or agent, shall attach any rope, wire, or other contrivance to any tree or plant, nor shall such person dig or otherwise disturb grass areas or in any way injure or impair the natural beauty or usefulness of any area.

(Code 1966, § 10-2.07)

State Law reference— Malicious mischief, Penal Code § 594 et seq.

No person shall light or maintain any fire in any park unless such fire is lighted and maintained in a place provided for such purpose.

(Code 1966, § 10-2.08)

(a) Except as permitted by subsection (b), no person shall ride, drive, bring, possess, or permit any animal under his or her control within any park, except service animals permitted by applicable federal or state law or animals used for demonstration or educational purposes when approved by the city manager.

(b) Dogs and cats are permitted in Schmidt Park provided that the animal is kept, at all times, on a leash of sufficient strength and durability that it cannot be broken by the animal so leashed, and no longer than six feet in length, and be under the full and complete physical control of its owner or custodian at all times.

(Code 1966, § 10-2.41; Ord. No. 478, § 2, 2-6-2018)

No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw missiles or objects at any animal, reptile, or bird or remove or have in his possession the young of any animal or egg, nest, or young of any reptile, animal, or bird.

(Code 1966, § 10-2.09)

No person shall dump, deposit, or leave any bottle, broken glass, ashes, paper, box, can, dirt, rubbish, waste, garbage, or refuse or other trash anywhere on park grounds, but such trash shall be placed in proper receptacles provided for such purpose. No such item, refuse, or trash shall be placed in any water contiguous to any park or recreational area. Where receptacles are not provided, all such items, refuse, and trash shall be carried away from the park or recreation area by the person responsible for its presence and shall be properly disposed of elsewhere.

(Code 1966, § 10-2.10)

State Law reference— Littering, Penal Code § 374.

The use or possession of any glass container which was originally designed for use as a beverage container by any person, association, society or company on the premises of any city park is unlawful.

(Ord. No. 500, § 2 11-5-2019)

Except as otherwise posted, no person shall ride or drive any bicycle, motorcycle, motor vehicle, or other vehicle at a greater speed than 15 miles per hour in any park.

(Code 1966, § 10-2.43)

State Law reference— Authority to set speed limits in parks, Vehicle Code § 22358.3.

No person shall operate or park any vehicle within a park, except upon areas designated for such use. No person shall park, abandon, or otherwise allow to remain in city park facilities any such vehicle or other conveyance between the hours of 10:00 p.m. and 6:00 a.m., except with the written permission of the commissioner of parks and recreation, or as otherwise posted. Such permission shall be granted by the commissioner upon a showing that the vehicle is in the park while the driver or passengers thereof are participating in city-sponsored recreational activities during such hours.

(Code 1966, § 10-2.11)

No person shall operate, drive, or ride upon any bicycle or unicycle in any park, except in areas designated and posted specifically for such use.

(Code 1966, § 10-2.16)

Boating shall be permitted only in those areas specifically designated for such purpose.

(Code 1966, § 10-2.17)

No person shall swim, bathe, or wade in any area not specifically designated for such purpose.

(Code 1966, § 10-2.18)

Golf, archery, horseshoes, the flying of motor-powered airplanes, kite flying, and propelled rockets or missiles shall be permitted only at locations specifically designated for such purpose.

(Code 1966, § 10-2.19)

No person shall discharge or shoot any firearm, airgun, slingshot, or bow and arrow in any park, except at locations specifically designated for that purpose.

(Code 1966, § 10-2.20)

No person shall throw, discharge, or otherwise place, or cause to be placed, in the waters of any fountain, pond, lake, stream, storm sewer, or drain flowing into such waters any substance, matter, or thing, liquid or solid, which will or may result in the pollution of such waters.

(Code 1966, § 10-2.21)

(a) No person shall transport into, possess, or consume upon the premises within any park any intoxicating liquor, excepting beer and wine. However, this restriction shall not apply within the following park facilities when legally rented: Harry Schmidt Park Picnic Shelter and Henry Miller Park Picnic Shelter.

(b) Persons serving or dispensing alcoholic beverages shall comply with state alcoholic beverage control regulations. The sale of alcoholic beverages to the general public shall be prohibited, unless authorized by the legal authority.

(Code 1966, § 10-2.44)

No person shall circulate, distribute, or deposit any handbill, circular, pamphlet, or advertisement, or post or affix to any tree, fence, structure, or vehicle situated within any park any handbill, circular, pamphlet, or advertisement, except with the permission of the legal authority. The standards in section 8-2-143 shall govern decisions to issue permits under this section.

(Code 1966, § 10-2.42)

The use of any system for amplifying sounds shall be prohibited in any park, unless a use permit is first secured. The standards in section 8-2-143 shall govern decisions to issue permits under this section.

(Code 1966, § 10-2.22)

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 without having first obtained a permit, concession, license, or lease from the Gustine Area Recreation Commission. The standards in section 8-2-143 shall govern decisions to issue permits under this section.

(Code 1966, § 10-2.23)

No mass picnic or meeting shall be held, except as provided in sections 8-2-141—8-2-143.

(Code 1966, § 10-2.26)

No person shall discharge any firecracker, bomb, torpedo, rocket, or any other firework or explosive device of any kind in any park, except with the permission of the legal authority. The standards in section 8-2-143 shall govern decisions to issue permits under this section.

(Code 1966, § 10-2.40)

It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provisions of this chapter.

(Ord. No. 500, § 3, 11-5-2019)

The city's parks, or portions thereof, may be made available for the exclusive use of persons and groups, subject to the issuance of a permit by the legal authority. All applications for the exclusive use of any park shall be signed or cosigned by an adult, which adult shall agree to be responsible for such exclusive use. No exclusive use permit will be granted if prior to the time the application was filed, the city has scheduled a city-sponsored event at the same time and place as the activity proposed in the application.

(Code 1966, § 10-2.25)

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

(Code 1966, § 10-2.24)

No person shall hold, conduct, or address any assemblage, meeting, or gathering in any public park or recreation area, nor hold a picnic when the number of participants does not exceed 50 persons, nor shall any person or organization conduct any overnight camping activity without a written permit granted by the legal authority of the city.

(Code 1966, § 10-2.29)

Persons seeking the issuance of permits pursuant to the provisions of this subdivision shall file applications with the legal authority on forms provided for such purpose. Any person applying for a park permit pursuant to the provisions of this subdivision shall file an application for such permit with the legal authority not less than 20 days nor more than 90 days prior to the proposed use of such park. The legal authority may waive the 20-day period if the applicant waives all appeal rights.

(Code 1966, §§ 10-2.29(a), 10-2.30)

The legal authority shall issue a permit pursuant to the provisions of this subdivision when it finds that:

(1) The proposed activity or use of the park will not unreasonably interfere with or detract from the general enjoyment of the park by the public;

(2) The proposed activity and use will not unreasonably interfere with or detract from the promotion of the public health, welfare, safety, and recreation;

(3) The proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct;

(4) The proposed activity will not entail unusual, extraordinary, or burdensome expense or police operation by the city; and

(5) The facilities desired have not been reserved for other use at the day and hour required in the application.

(Code 1966, § 10-2.29(b))

Within seven days after the receipt of an application for a park permit which is denied, the legal authority shall apprise the applicant in writing of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within five days thereafter to the council, which shall consider the application under the standards set forth in section 8-2-143 and sustain or overrule the legal authority's decision within 21 days. The decision of the council shall be final.

(Code 1966, § 10-2.31)

The permittee shall be bound by all park rules and regulations and all applicable laws as fully as though the same were inserted in such permit.

(Code 1966, § 10-2.32)

(a) The persons to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person whatever by reason of the negligence of the persons to whom such permit shall have been issued.

(b) If, in the opinion of the legal authority, the event or program would constitute a hazard to the public safety, the applicant for the permit shall provide the city with certificates of insurance, naming the city as an additional insured, evidencing $500,000.00 for each occurrence, combined single limits for bodily injury and property damage. If the serving of liquor is involved, certificates of insurance shall be filed with the city prior to the granting of the permit.

(c) All events or programs open to the public where alcoholic beverages are sold or included in the price of admission shall constitute a hazard to the public safety requiring liability insurance as set forth in this section. Public events or programs which do not serve alcoholic beverages or private events or programs which do serve alcoholic beverages shall not be required to have liability insurance, unless, in the opinion of the city manager, a hazard to the public safety may exist. In such event, the council shall make the final decision if a hazard to the public safety does exist.

(Code 1966, § 10-2.33)

The permittee shall have a copy of the permit in his possession and shall produce such permit upon a request made by any duly authorized city employee, representative, or agent.

(Code 1966, § 10-2.35)

The legal authority shall have the authority to revoke a permit upon the finding of a violation of any rule, regulation, or law or upon good cause shown.

(Code 1966, § 10-2.34)