Hillsborough Municipal Code Ch. 9.54 Parks and Open Space

The purpose of this chapter is to promote the public peace and welfare by regulating the use of the parks and open spaces within the town so that these facilities may be appropriately enjoyed to the comfort and convenience of all.

(Ord. 676 § 1 (part), 2007)

As used in this chapter:

"Park" and "parks" mean Vista Park, Crossroads Park, the Town Hall Water Conservation Park, and any other named park hereinafter created in the town, together with any parking lot or parking area serving any such park. "Open space" and "open spaces" mean those areas so designated in the town's General Plan. "Public works director" means the public works director of the town or his or her designee.

(Ord. 676 § 1 (part), 2007)

A. Open spaces shall be closed to public access at all times except as otherwise permitted by the public works director for special purposes. If any open space is so opened to public access, the prohibited conduct described in Section 9.54.050 shall likewise be prohibited in the open space, and references in Section 9.54.050 to the "park" shall be deemed references to the "open space."

B. Parks shall be open to the public every day of the year between sunrise and sunset, subject to the provisions of Sections 9.54.040 and 9.54.090 and the further provisions of this subsection. At all other times, it is unlawful to enter, use, cross, or remain in any park, except that persons participating in or attending a program conducted or authorized by the town may remain in the park where the program is taking place for the duration of the program, even if not between sunrise and sunset, and for a reasonable time thereafter as needed to exit the park and the parking area portion of the park.

(Ord. 676 § 1 (part), 2007)

Notwithstanding the provisions of Section 9.54.030(B), any portion of, including all of, a park that has been reserved for the exclusive use of persons who have received a permit from the town to hold an organized event or informal gathering in such reserved area, shall, for the scheduled duration of the event or gathering, not be open to members of the public who are not among the persons for whom the event or gathering is being held.

(Ord. 676 § 1 (part), 2007)

No person, group or organization in any park shall:

A. Open, expose, or interfere with any pipe, hydrant, public utility, or other equipment serving or located in the park;

B. Remove turf, soil, grass, rock, sand, gravel, tree, shrub, wood, or any portion thereof;

C. Make or kindle a barbeque or other fire for any purpose;

D. Play or practice golf or archery;

E. Fly a motorized airborne device of any kind;

F. Cut, break, injure, disturb, or write or mark upon or otherwise deface any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other structure, apparatus or property;

G. Practice, carry on, conduct, or solicit for any charity, occupation, business, or profession;

H. Sell or offer for sale any merchandise, article, thing, or service without a permit;

I. Use or attempt to use, or interfere with the use of or attempt to interfere with the use of, any table, space, or facility that at the time is reserved for another person or group;

J. Enter into any area that is posted as being closed to the public in order to protect plants or perform repairs;

K. Operate or park any vehicle licensed under the California Vehicle Code other than in designated parking areas or upon areas permitted by the director of public works;

L. Place litter or debris elsewhere than in containers designed to receive such litter or debris or in containers that the person, group or organization removes from the park upon leaving;

M. Fish, wade, swim or bathe;

N. Use a skateboard, skates, or scooter without wearing a helmet, wrist pads, knee pads, and elbow pads suitable for protection in the event of a fall or collision;

O. Engage in any other conduct prohibited by the rules and regulations promulgated under Section 9.54.120;

P. Engage in any activity prohibited by state or federal law;

Q. Operate a motorized scooter, motorized skateboard, or other unlicensed vehicle in the park;

R. Smoke cigarettes, cigars or pipes or use other tobacco products or electronic cigarettes;

S. Engage in conduct deemed unsafe by the Hillsborough police department.

(Ord. 676 § 1 (part), 2007)

(Ord. No. 718, § 5, 10-13-2014)

Organized events which are not fundraisers (such as AYSO soccer games, games of other athletic leagues, Boy Scout or Girl Scout events, crafts fairs, and special events organized by local community groups) and informal gatherings (such as birthday parties and play dates) may be held in the parks without a permit. However, if the organizer of such event or gathering wishes to have exclusive use of all or a portion of a park for the event or gathering, a permit, as set forth in Section 9.54.070, shall be required. The foregoing notwithstanding, no permit shall be required for events, such as the use of a park for an emergency staging area, for which advance planning and permitting are not feasible. For those events, exclusive use of all or a portion of a park may be granted as directed by the public works director.

(Ord. 676 § 1 (part), 2007)

A. In order to regulate the time, place, and manner of activity in the park for the safety and convenience of the general public, the public works director may issue permits, on a first come, first served basis, for the exclusive use of all or a portion of a park for an organized event or informal gathering. Picnic tables shall not be individually reservable for exclusive use although picnic tables within an area that is reserved for exclusive use shall be included in such exclusive use designation. Any permit granted for any activity involving more than two hundred persons shall expire one hour before sunset if not earlier. The public works director may limit the maximum number of exclusive uses of a park or portion thereof in any given month or year in order to avoid creating significant interference with the general public's use of the park.

B. Any person, group or organization obtaining a permit under this section shall agree, as a condition to obtaining the permit, to hold the town, its boards, commissions, officers, employees, agents, and representatives harmless from any liability for damages and claims for damages for personal injury, including death, as well as from property damage and claims for property damage which might arise from the use of the park. The form and terms of the indemnity agreement shall be as drawn up and approved by the city attorney. Any permittee shall be required to carry liability insurance as specified in the rules and regulations promulgated under Section 9.54.120 in limits prescribed by the city attorney.

(Ord. 676 § 1 (part), 2007)

The public works director shall recommend fees to be charged for permits issued under Section 9.54.070 and for other park uses as appropriate. Such fees shall be set forth in the fee schedule presented to the city council for adoption annually.

(Ord. 676 § 1 (part), 2007)

Any enforcement official, the city manager, or the public works director may close any park and remove all persons from the park when, in his or her judgment, such closing will best preserve the public peace, prevent damage to public property, or quell riots, mobs or violence.

(Ord. 676 § 1 (part), 2007)

Any enforcement official, the city manager, or the public works director may cause the removal of any and all persons whose presence in the park is disruptive to the normal and safe use of the park and may cause any person violating the provisions of this chapter to be excluded from any park. Any person removed or excluded from any park who fails to leave the park forthwith or who reenters the park on the same day as the removal or exclusion (except with the permission of the person who imposed the removal or exclusion) shall be guilty of a misdemeanor.

(Ord. 676 § 1 (part), 2007)

All parks are designated as a "drug-free zone" pursuant to California Health and Safety Code Section 11380.5.

(Ord. 676 § 1 (part), 2007)

The public works director shall submit to the city council for approval and adoption by resolution rules and regulations governing the administration, operation, use and maintenance of the parks and open spaces.

(Ord. 676 § 1 (part), 2007)

The chief of police, his or her designated representatives, the city manager, and the public works director shall enforce the provisions of this chapter and all rules and regulations promulgated under Section 9.54.120.

(Ord. 676 § 1 (part), 2007)

Any violation of this chapter, including of any rule or regulation promulgated under Section 9.54.120, shall be an infraction, except when such conduct is designated as a misdemeanor or felony under state or federal law.

(Ord. 676 § 1 (part), 2007)