La Quinta Municipal Code Ch. 11.44 Parks and Recreation Areas

A. The provisions of this chapter shall apply to and be in full force and effect at all park and recreation areas which are now or which may hereafter be under the jurisdiction and control of the city, including, but not limited to, all grounds, roadways, avenues, parks, buildings, trails, open spaces/usable open spaces as defined in Title 9, Section 9.280.030 of this code, school facilities when they are in use as recreational facilities, and areas, under the control, management or direction of the city manager. The provisions of this chapter shall govern the use of all such parks and recreation areas and the observance of such provisions shall be a condition under which the public may use such parks and recreation areas. Certain provisions of this chapter shall further be applicable outside such parks and recreation areas where the context indicates an intention that they be so applied.

B. The provisions of this chapter shall not apply to any public officer, employee or peace officer who is acting in the course of and within the scope of the public business, nor to any other person conducting public business or related activities for, on behalf of, and pursuant to lawful authority of, an appropriate public entity.

(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)

A. For purposes of this section, the following definitions apply:

1. "Expulsion notice" constitutes an administrative citation pursuant to Chapter 1.09 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 recreation areas, or of public places in general, in the city.

B. Power and authority is hereby given to the city manager, the city manager's authorized representatives, and to any of the attendants employed in such parks or recreation areas, in their discretion, to eject and expel from the parks or recreation 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 lieu of arresting or citing any violator, 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 their ordinary powers of arrest or citation, who is enforcing any law or regulation, shall be authorized, in lieu of arresting or citing any violator, in their 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 an 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 second offense then third offense 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) 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 they were ejected, to the same park, recreation area or building, unless specifically permitted to do so by the person who ejected them, 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. Any person receiving an expulsion notice pursuant to this subsection may contest the expulsion or fine, or both, in accordance with the procedures provided in Chapter 1.09 of this code.

(Ord. 633 § 1 (Exh. B), 4-21-2026; Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)

A. In an emergency or when the city manager, chief of police (or an appropriately designated representative of any such official) determines that the public safety, or public health, or public morals, or public interest demands such action, any park, square, avenue, grounds or recreation 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 of chief of police 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. 568 § 8, 2018; Ord. 10 § 1, 1982)

A. No person shall hold, conduct, participate in, attend or address any meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise, of fifty (50) or more persons, in any park or recreation area without a written permit granted by the city manager as provided in this section.

B. The city manager (acting personally or by delegated designee) is empowered to grant permits authorizing any person, society, association or organization to hold or conduct a meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise for the observance of or commemoration of any public celebration, event, or demonstration of a patriotic, municipal or memorial character, or for social, educational, training, entertainment or recreational purposes.

C. An application for a permit shall be granted if the issuing authority determines:

1. That the requested activity is consistent and compatible with proper and appropriate park and recreation area uses at the location applied for;

2. That the requested activity is reasonable and will not interfere with general use of the park or recreation area by other individual or group members of the public;

3. That the requested activity will in all respects comply with the provisions of this code and of any other ordinance, law, rule or regulation in effect at the time and place the activity is to be conducted;

4. That the requested activity is not reasonably anticipated to incite violence, crime or disorderly conduct;

5. That the requested activity will not entail unusual, extraordinary or burdensome expense or police operation by the city; and

6. That no other reason exists why the granting of the permit would be detrimental to the public interest.

D. Except in cases where a fee is paid adequate in amount to fully reimburse the public accounts for all involved costs and permits shall not be granted for the purpose of conducting services of any religious denomination or sect, or for the purpose of discussing, expounding, advocating or opposing the principles or creed of any religious denomination or sect. In all other respects, however, applications for such permits shall be considered and processed on an equal basis, subject to the same advantages, qualifications and limitations as other applications by or for another nonreligious organizations, groups or gatherings.

E. In the event it is proposed that an admission fee be charged for attendance at the requested activity, or that contributions will be solicited or a collection taken up at the requested activity, the application for a permit shall expressly state such proposal. No person shall charge any such admission fee or solicit contributions or take up any collection at or for any such activity unless a provision allowing it to be done is included in a permit issued under this section.

F. The issuing authority may attach conditions to any such permit which are deemed necessary or appropriate to assure that the activity will be carried on in conformance with applicable laws, rules and regulations, in a manner consistent with proper park and recreation area uses, and in a manner not detrimental to the public interest. Where deemed appropriate, the issuing authority may require suitable insurance, indemnity bond or other guarantee to protect city property from damage, to protect the public from unusual and undue expense, or to protect the city from liability of any kind or character. In this connection there may further be required a money deposit or payment to defray unusual expenses to be incurred by the city, such as costs of additional police services, fire protection services, cleanup services, or other municipal services of whatever nature.

G. Any permit granted pursuant to the provisions of this section shall specify the time when and the place where the activity shall be held or conducted, and shall designate the name of the person, society, association or organization to whom the permit is issued.

(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)

A. The city manager shall have power and authority to promulgate rules and regulations governing the use and enjoyment by the public and by individual members of the public, of any park, recreation area, recreation or community center, or any portion thereof, or governing the use and enjoyment of any building, structure, equipment, apparatus or appliances thereon, or governing any portions of the foregoing. A copy of the rules and regulations, or a synopsis thereof shall be posted in some conspicuous place at or near the premises where the rules and regulations are to be effective, or in lieu thereof, signs or notices may be posted at or near the premises in order to give public notice of the rules and regulations.

B. No person having knowledge of or having been advised of any rule or regulation promulgated pursuant to subsection A of this section, shall disobey, violate, or fail to comply with, any such rule or regulation.

C. No person shall disobey, violate, or fail to comply with, any instruction, sign or notice posted in any park, recreation area, or community or recreation center, or in any building or structure thereon, for the control, management, or direction of the premises, when the instruction, sign or notice has been posted in implementation of any rule or regulation promulgated pursuant to subsection A of this section.

(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)

Within the limits of any public park or recreation area of the city, no person shall:

A. Hitch, fasten, lead, drive or let loose any animal or fowl of any kind; provided, that this shall not apply to a dog when led by a cord or chain, not more than six (6) feet long;

B. Ride or drive any horse or other animal, or propel any street, off-road or farm vehicle, cycle or automobile, except at a place especially designated and provided for such purpose;

C. Carry or discharge any firecracker, rocket, torpedo or any other fireworks; provided, that this subsection shall not be deemed to prohibit city-sponsored events or the possession or use of safe and sane fireworks not otherwise prohibited by law, with a permit and at places designated for such purpose by the city;

D. Cut, break, injure, deface, remove or disturb any tree, shrub, plant, flower, turf, soil, sand, gravel, fertilizer, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure;

E. Install, plant, place, or add any landscape material, monument, park furniture, play equipment or addition of any kind, including any memorial item without prior city approval;

F. Swim, bathe, wade in, or pollute the water of any fountain, pond, lake or stream, except at a place especially designated and provided for such purpose;

G. Make or kindle a fire except as provided in subsection J;

H. Camp or lodge therein at any time, or otherwise remain overnight, whether or not in a structure permanently affixed to the ground, except at a place especially designated and provided for such purpose;

I. Bring a portable grill, stove or barbeque into the area;

J. Utilize anything other than the city-provided, permanent equipment to cook or barbeque food;

K. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor;

L. Play or engage in model airplane flying, remote-controlled equipment or toys operating in the air, on the ground or in water including airplanes, watercraft, vehicles or drones of any kind, driving of golf balls, baseball, softball, football, soccer, volleyball or any similar games of a hazardous nature except at such places where there is at least three thousand (3,000) square feet of open land and/or water and in a clearing not obstructed by trees or overhead wires;

M. Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming;

N. Indulge in riotous, offensive, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language;

O. Disturb in any unreasonable manner any picnic, meeting, service, concert, sporting event, exercise or exhibition;

P. Distribute any commercial handbill (as defined in Section 5.20.020) without a prior permit so to do from the city manager, which permit shall be issued only after due processing of an application pursuant to Chapter 5.20, and then only if the city manager determines that it would be affirmatively in the public interest to allow upon public property the commercial activity involved;

Q. Post, place, erect, or leave posted, placed or erected, any commercial or noncommercial bill, handbill, circular, notice, paper, or advertising device or matter of any kind, in or upon any building, structure, pole, wire, or other architectural or natural feature of whatever character, except upon a bulletin board or such place especially designated and provided for such purposes, unless prior approval to do so has been obtained from the city manager, which approval shall be given only if the city manager determines that it would be affirmatively in the public interest to allow the use of public property for such purposes, or that constitutional principles require that it be allowed;

R. Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conduct, or solicit for, any trade, occupation, business or profession, unless the activity has been expressly allowed pursuant to specific provisions to such effect contained in either: a permit issued pursuant to Section 11.44.040; a permit issued pursuant to Chapter 5.20; a permit issued pursuant to Chapter 5.48; a concession agreement or franchise or the like duly entered into or granted by the city council;

S. Remain, stay or loiter therein between the hours of 10:00 p.m. and dawn of the following day, except while attending a gathering or meeting for which a permit has been issued or which is being sponsored or conducted by the city. This subsection shall not apply to persons lawfully lodging, camping or otherwise remaining overnight at a place especially designated and provided for such purposes;

T. Row, sail or operate any boat, craft or other device, on or in any pond, lake, stream or water except at such place as is especially designated and provided for use of such boat, craft, or device;

U. Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or destroy, remove or disturb any of the young or eggs of the same, or injure or maltreat any domestic or other animal;

V. Fish with hook and line, seine, trap, spear, or net, or by any other means, in any pond, lake, stream or water, except at a place especially designated and provided for such purpose;

W. Feed, chase, capture, harass, injure any species of wild animal or damage the nest or eggs of any wild animal, except as provided in Section 10.28.110 of this code;

X. Smoke within the boundaries of the city parks. Smoking shall include all tobacco and cannabis products and all electronic or battery-operated devices that deliver vapor for inhalation.

Nothing in this section shall replace or otherwise limit the applicability and enforcement of Chapter 11.16 to all park and recreation areas which are now or which may hereafter be under the jurisdiction and control of the city, including, but not limited to, all grounds, roadways, avenues, parks, buildings, trails, open spaces/usable open spaces as defined in Section 9.280.030 of this code, school facilities when they are in use as recreational facilities, and areas, under the control, management or direction of the city manager.

(Ord. 568 § 8, 2018; Ord. 510 § 1, 2013; Ord. 360 § 1, 2001; Ord. 10 § 1, 1982)

A. No person shall drive or operate any motor vehicle, motorcycle, motor-driven cycle (as the foregoing are defined in the Vehicle Code) or any other motorized or self-propelled vehicle or device upon which a person can ride, on, over or along any public property or easement (whether or not on a public park or recreation area) which has been designated, set aside, or is used, as a pedestrian walkway, trail, path, lane or way, or as an equestrian trail, path, lane or way.

B. The public entity having ownership or control over any such trail, path, lane, way or walkway may cause it to be posted with an appropriate sign or signs expressly allowing the use of vehicles or devices otherwise prohibited under the provisions of subsection A of this section, and to the extent that such signs allow variations from such prohibitions, the provisions of subsection A of this section shall be inapplicable.

C. The provisions of subsection A of this section shall not apply to any electrically-driven wheelchair carrying a person with a disability.

D. The public entity having ownership or control over any trail, path, lane, way or walkway mentioned in subsection A of this section, may, by the posting of an appropriate sign or signs, further restrict the use of the trail, path, lane, way or walkway by persons riding bicycles or other non-motorized vehicles or devices, or by equestrians, and when any such sign is posted, no person shall disobey any prohibition, restriction, direction or other regulation expressed thereon.

(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)

No persons shall assemble, collect or gather together in any walk, driveway, passageway or pathway in any park or in other places set apart for the travel of persons or vehicles in or through any park or recreation area, or occupy the vehicle so that the free passage or use thereof by persons or vehicles passing along the same is obstructed in any unreasonable manner.

(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)

No parent or guardian, or any person having the custody of any child under the age of eight (8) years, shall cause, permit or allow the child to enter or visit any public park or recreation area having a lake within the boundaries of the park or recreation area unless the child is accompanied by a person of not less than sixteen (16) years of age.

(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)

A. Dog parks are to be used by dog owners (handlers) and their dogs only. All other activities are prohibited.

B. Dog owners using the dog park are using it at their own risk.

C. The city is not responsible for injuries to people and dogs or illnesses dogs may contract.

D. The city reserves the right to eject anyone from the dog park at any time for any reason.

E. Adults must accompany children twelve (12) years old and younger.

F. Dog park hours are dawn to 10:00 p.m.

G. Dogs must never be left unattended.

H. No exception for dogs whose owners have opted to not vaccinate their dogs based on the state exemption.

I. Unruly dogs are not allowed, including excessive barking. Courtesy to residents surrounding parks is expected.

J. Female dogs in estrus (heat) are not allowed.

K. Dogs are only allowed in the area that is designated for their weight class.

L. Dogs in small dog areas are to be twenty-five (25) pounds or less.

M. Dog owners must clean up after their dog(s).

N. Owners must stop their dog(s) from digging. Any holes created must be filled by the owner of the dog(s).

O. No smoking, (including tobacco and cannabis products and electronic vaping devices), alcohol, or illegal drug use is permitted.

P. No loitering permitted in the designated dog park.

Q. Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the designated dog park (skateboards, scooters, bicycles, etc.).

R. No dog food (e.g., dog treats) or human food allowed in the dog park.

S. Glass containers are not allowed in the dog park.

T. Special events or contests are not allowed in the dog park without first obtaining written authorization from the city.

U. Owners must keep dogs from disturbing or interfering with park maintenance personnel.

(Ord. 568 § 8, 2018; Ord. 488 § 1, 2011)