La Puente Municipal Code Ch. 3.68 Public Parks

Sections:

• 3.68.010 Authority to adopt rules and regulations.

• 3.68.020 Hours of operation.

• 3.68.021 Emergency closure of parks.

• 3.68.022 Expulsion from parks.

• 3.68.025 Use of tobacco—Prohibited.

• 3.68.026 Possession of alcohol—Prohibited.

• 3.68.030 Drug free zones.

• 3.68.040 Possession of firearms in parks or public facilities—Prohibited.

• 3.68.045 Possession and discharge of fireworks—Prohibited

• 3.68.050 Storage of vehicles at city parks or public facilities—Prohibited.

• 3.68.051 Commercial and other related activities.

• 3.68.055 Posting of park regulations and rules.

• 3.68.060 Violations.

In addition to the provisions of this chapter, the city council may establish, by resolution, rules and regulations governing the use and operation of city parks and/or public facilities. Copies of such rules and regulations will be on file in the office of the city clerk.

(Ord. 827 1 (part), 2004: Ord. 790 § 26 (part), 1999)

All city parks are closed from 10:00 p.m. to 6:00 a.m. of the next day. It is unlawful for any person to enter or remain in any city park, including any public parking lot within or immediately adjacent to the park, during such hours. The hours of operation at the Grace Napolitano Nature Center and proposed dog park will be from sun up to sun down. Current law enforcement and emergency personnel are excluded.

(Ord. 979 § 1 (part), 2022; Ord. 827 1 (part), 2004: Ord. 790 § 26 (part), 1999)

(a) In an emergency or when the city manager or his or her designee determines that the public safety, or public health, or public morals, or public interest demands such action, any park, square, avenue, grounds or recreational center or any part or portion thereof, may be closed against the public and all persons may be excluded therefrom until the emergency or other reason upon which the determination of the city manager or his or her designee is based has ceased, and upon the cessation thereof the park, square, avenue, grounds or recreation center or part or portion thereof so closed shall again be reopened to the public by order of proper authority.

(b) No person having knowledge of or having been advised of any closure order issued pursuant to subsection (a) of this section shall refuse or fail immediately to remove him or herself from the area or place so closed, and no such person shall enter or remain within any such area or place known by him or her to be so closed, until the area or place has been reopened to the public by order of proper authority. (Ord. 974 § 2, 2021)

(a) For purposes of this section, the following definitions apply:

(1) "Expulsion notice" constitutes an administrative citation pursuant to Chapter 1.12 of this code.

(2) "Repeat violator" means an individual who has been arrested, cited, ejected, or expelled as a violator of this chapter within thirty (30) days of a previous arrest, citation, ejection, or expulsion as a violator of this chapter.

(3) "Violator" means an individual who has violated any of the provisions of this chapter or any other law, ordinance, or rule that may be in effect now or may hereafter be passed or adopted for the regulation and government of parks or recreational areas, or of public places in general, in the city.

(b) Power and authority is hereby given to the city manager and the city manager's authorized representatives, in their discretion, to eject and expel from the parks or recreational areas or building thereon, any violator. In addition to his or her ordinary powers of arrest or citation, any peace officer enforcing any law or regulation shall be authorized, in his or her discretion, to eject and expel the violator. No person being ejected or expelled pursuant to the authority of this subsection shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled return, during the calendar day in which he or she was ejected, to the same park, recreation area or building, unless specifically permitted to do so by the person who ejected him or her, by the city manager, or by an authorized representative thereof.

(c) In addition to the other powers and authorities in this section, any peace officer, in addition to his or her ordinary powers of arrest or citation, who is enforcing any law or regulation, shall be authorized, in his or her discretion, to eject and expel a violator or repeat violator. The ejection and expulsion of a violator shall be accompanied by service of an expulsion notice that may include a one hundred dollar ($100) administrative fine for the initial violation, which shall be paid by the violator. The ejection and expulsion of a repeat violator shall be accompanied by service of an expulsion notice that may include a two hundred dollar ($200) administrative fine for each subsequent violation, which shall be paid by the repeat violator, and may expel the repeat violator from the same park, recreation area or building, for a period of up to one (1) calendar year. No person being ejected or expelled pursuant to the authority of this subsection as a violator or repeat violator shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled return, during the calendar day in which he or she was ejected, to the same park, recreation area or building, unless specifically permitted to do so by the person who ejected him or her, by the city manager or by an authorized representative thereof. Furthermore, no person being ejected or expelled as a repeat violator may return to the same park, recreation area or building, for the period specified in the repeat violator's expulsion notice, unless the period is modified by administrative action pursuant to a timely contesting of the expulsion notice.

(d) Any person receiving an expulsion notice pursuant to this subsection may contest the expulsion or fine, or both, before an independent hearing officer selected by the city manager or his or her designee. The formal rules of evidence and discovery will not apply, and each party shall have the opportunity to present evidence in support of his or her case. The city bears the burden of proof at an administrative hearing to establish a violation of the city code. The expulsion notice and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The independent hearing officer must use preponderance of evidence as the standard of evidence in deciding the issues. No later than thirty (30) days after the date on which the administrative hearing concludes, the independent hearing officer shall issue a written decision to uphold or cancel the expulsion notice. The independent hearing officer shall set forth the reasons for the decision, and the independent hearing officer's written decision shall be final. (Ord. 974 § 3, 2021)

The use of tobacco in any form is prohibited within any public building. The smoking of any form of tobacco is prohibited within twenty (20) feet of the entrance of any public building and within twenty (20) feet of the children's playground, Ayala, Storing and Jimenez fields, including all adjacent bleachers and the concession building at La Puente Park.

(Ord. 827 § 1 (part) 2004)

The possession and/or use of alcohol within any public building or parking lot adjacent thereto, or within any public park or public parking lot within or adjacent thereto, is prohibited.

(Ord. 827 § 1 (part) 2004)

Pursuant to California Health and Safety Code Section 11380.5, La Puente Park is designated as a drug-free zone.

(Ord. 827 § 1 (part) 2004; Ord. 790 § 26 (part), 1999)

The possession, sale or use of unprescribed drugs within any public park or public parking lot within or adjacent thereto, or within any public building or parking lot adjacent thereto, is prohibited.

(Ord. 827 § 1 (part) 2004)

It is unlawful for any person, firm or corporation to take, carry or otherwise transport any firearm into any public park or other public property under the jurisdiction of the city of La Puente, or of the county of Los Angeles, or to have in their possession any firearm within any such park or public facility.

This section shall not apply to:

(a) Consistent with federal law, law enforcement who qualify to carry under the Federal Law Enforcement Officers Safety Act, 18 U.S.C. 926(c);

(b) Persons who are police officers as defined by California law;

(c) Persons who are designated peace officers as defined by California law;

(d) Persons who were employed as police officers as defined by California law but are retired.

(Ord. 979 § 1 (part), 2022; Ord. 827 1 (part) 2004: Ord. 790 § 26 (part), 1999)

It is unlawful for any person, firm or corporation to take, carry or otherwise transport or discharge any fireworks, including safe and sane fireworks, in any public park or other public property under the jurisdiction of the City of La Puente, or of the county of Los Angeles, or to have in their possession any fireworks, including safe and sane fireworks, in any such park or public facility.

(Ord. 827 § 1 (part) 2004)

(a) It is unlawful to park any vehicle at any park or public facility, unless the operator of the vehicle is using the facilities that are provided at the park or public facility, where the vehicle is located.

(b) Exception. If the parking area has been designated a "park and ride" facility by the city council, the foregoing prohibition shall not apply to the parking of vehicles whose operators are actively participating in a "park and ride" program.

(Ord. 827 § 1 (part) 2004; Ord. 790 § 26 (part), 1999)

No person shall practice, carry on, or conduct any trade, occupation, business or profession in the public parks and facilities owned and/or operated by the City of la Puente, except upon application to and as may be permitted by the City as set forth in Chapter 5.42. (Ord. 959, § 2, 2019)

The city manager is directed to post and prominently display signs with park hours and regulations and rules at the major pedestrian entrances to city parks.

(Ord. 827 § 1 (part) 2004)

A violation of Section 3.68.020 or 3.68.040 of this chapter is a misdemeanor, which is punishable as set forth in Section 1.08.040 of this code. A violation of the rules and regulations governing the use and operation of city parks is an infraction, which is punishable as set forth in Section 1.08.040 of this code. Any person violating any of the rules and regulations adopted by the city council shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of the park rules and regulations is committed, continued, or permitted.

(Ord. 827 § 1 (part) 2004; Ord. 790 § 26 (part), 1999)