Laguna Niguel Municipal Code Art. 2 Recreational Areas in General

All recreational areas shall be open to the public during such hours as may be established by resolution of the city council. No person, except those having valid camping permits, shall enter or remain in any of the recreational areas at any time other than during such hours as the recreational area is open to the public.

(Ord. No. 90-11, § 2, 3-6-90)

All persons and groups using camping, parking or other special facilities of recreational areas shall, prior to such use, pay such fees and deposits as may be established by resolution of the city council.

(Ord. No. 90-11, § 2, 3-6-90)

(a) The use of any camping facility shall be by written permit only and upon payment of such fees and for such period as may be established by resolution of the city council. Each adult registering to camp at any city park will be required to present a current valid driver's license upon registration.

(b) No permit shall occupy any campsite in excess of such period prescribed by the permit. In addition to the other penalties provided in this division, violation of this section shall subject the violator to suspension of camping privileges, loss of prepaid fees and eviction from the recreational area. Any property left at the campsite will be considered abandoned after 24 hours and will be removed by the manager or his agents in accordance with a procedure approved by the manager.

(Ord. No. 90-11, § 2, 3-6-90)

No person shall use electric outlets within any recreational area without first paying such fees as may be prescribed by resolution of the city council.

(Ord. No. 90-11, § 2, 3-6-90)

No person shall solicit primarily for commercial purposes in any manner, or sell or offer for sale any goods, wares, merchandise or food products, or otherwise engage in sidewalk vending, without a sidewalk vending permit issued pursuant to article 2 of division 7 of title 5 of this Code. No person shall distribute or pass out any primarily commercial handbill or advertising material, without a written permit from the manager. However, this section does not apply to any concession operated under authority granted by the city council, or to any activity specifically exempted by order or resolution of the city council.

(Ord. No. 90-11, § 2, 3-6-90; Ord. No. 2020-206, § 9, 7-21-20; Ord. No. 2020-207, § 8, 8-4-20)

(a) The period of eviction shall be determined by the manager and such of his agents as he may designate to perform such duty, as well as peace officers having jurisdiction. Eviction in no case is to be for less than 24 hours or for more than one year.

(b) Prior to eviction of any person, the reasons for such eviction shall be explained to such person, and the person shall be given an opportunity to state any reason he may have why he should not be evicted.

(c) Any person evicted shall be informed of the period of time for which he is evicted and whether or not such eviction applies to any other city facility than the one from which he is evicted.

(d) In the case of any eviction for a period in excess of 24 hours, the person evicted shall be given an opportunity to appeal such eviction to the manager, who may uphold, modify or vacate the eviction order. The decision of the manager shall be final.

(e) Any person who has been evicted from a city recreational facility and who does not depart forthwith, or who departs but returns prior to the expiration of the eviction period, shall be guilty of a misdemeanor.

(Ord. No. 90-11, § 2, 3-6-90)

The manager shall designate the areas in each park or beach wherein picnics, meetings or other organized public gatherings may be held. The manager shall maintain a calendar with respect to each such designated area, and on such calendar show each such picnic, meeting or other organized gathering involving more than 100 persons to be held in such areas. No person shall cause any picnic, meeting or other public gathering involving the attendance of more than 100 persons to be held in any park or beach without first notifying the manager and obtaining a written permit from him. The manager shall issue the permit upon written or oral request in all cases where prior permits have not exhausted the capacity of the area sought to be used.

(Ord. No. 90-11, § 2, 3-6-90)

No person shall set up, use, operate or maintain a public address system within any recreational area except in those areas specifically designated, nor shall any person set up, use, operate or maintain a public address system without first obtaining a written permit. The manager is expressly given the authority to determine the maximum amplification permissible in areas designated consistent with other persons' enjoyment of the recreational area facilities.

(Ord. No. 90-11, § 2, 3-6-90)

Except as otherwise provided in this division, no person shall pick flowers, foliage, berries or fruit, or cut, carve, hack, break, dig up, remove, deface or in any way mutilate or injure any wood, leaf mold, rock, gravel, sand, tree, shrub, plant, fern, grass, turf, mold, railing, seat, building, barbecue stove, sign, fence, post, structure, toilet, lavatory, restroom, equipment or any other object in or adjacent to any park or beach, except as expressly authorized in this division. No person shall paint, post, attach or affix any handbill, dodger, notice, sign or advertisement upon or to any bridge, fence, building or other property within any recreational area or any tree situated in any recreational area, and no person shall deface, mar or disfigure any bridge, fence or other structure within such recreational area or any tree situated in any recreational area, by painting, cutting, scratching or breaking the structure or tree or attaching or affixing anything thereto.

(Ord. No. 90-11, § 2, 3-6-90)

Cross reference— Protection of city property, § 11-8-1 et seq.

(a) Use of rubbish receptacles. No person shall leave, deposit, drop or scatter any bottles, broken glass, ashes, wastepaper, cans or other rubbish, garbage, litter, refuse or offal matter in any recreational area, except in a designated trash receptacle. No person shall deposit any such matter in the public toilets of any recreational area.

(b) Washing of clothes and utensils. No person shall wash clothing, dishes, cooking utensils or other utensils used in connection with the preparation or serving of food in any recreational area except at places designated by the manager and provided for such purpose.

(c) Cleanliness of campsites. All persons using campsites shall keep the campsites safe, clean and free from rubbish, litter, broken glass, garbage, refuse or offal matter. Combustible rubbish may be burned where fires are permitted, and all other garbage and refuse of any kind shall be placed in containers or pits provided for that purpose.

(d) Discharge of sewage. No person shall discharge any human or animal excreta or wastewater from a toilet or holding tank, except into tanks provided or designated for that purpose. Public toilets in recreational areas are provided for the protection of the health of the general public, and shall be used when so provided.

(Ord. No. 90-11, § 2, 3-6-90)

(a) Speed. No person shall drive any vehicle in any recreational area at a speed that is greater than is reasonable or prudent, having due regard for the traffic and traffic pattern and the surface and width of the roadway, and in no event in excess of ten miles per hour unless a greater speed is posted.

(b) Parking. No person shall park any vehicle except in designated parking areas; however, the director is hereby authorized to permit parking along roads and in undeveloped areas within the recreational areas when in his opinion such parking will not interfere with the operation of the recreational area.

(c) Erection of speed, traffic and parking signs. The manager is authorized and directed to erect and maintain signs at locations he deems appropriate indicating the speed limits established by the city council for parks and beaches along the roadways or streets therein. The manager is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indicating such areas and patterns.

(d) Removal of vehicles. Vehicles may be removed and stored at the owner's expense by the manager or such of his employees as he may designate or by peace officers under either of the following circumstances:

(1) When the vehicle has been parked for a period of time of more than 24 hours in a location where parking is prohibited and appropriate signs have been posted.

(2) When the vehicle has been parked in a designated campsite where a fee is required and such fee has not been paid and appropriate signs have been posted.

(Ord. No. 90-11, § 2, 3-6-90)

Cross reference— Highways, rights-of-way and vehicles, tit. 7.

No person shall, within the limits of any recreational area, consume any alcoholic beverage. Any alcoholic beverage in a person's possession shall be stored in a closed vehicular trunk or storage compartment. This section shall not apply within any portion of any recreational area which may be so designated by resolution of the city council.

(Ord. No. 90-11, § 2, 3-6-90)

No person shall fly a motor driven or fuel propelled airplane, rocket, missile or similar thing within any park or recreational area in the city, except at such places as may be designated for such use by the manager of parks and recreation.

(Ord. No. 95-82, § 1, 6-6-95)

No person shall have any fireworks, firearms, air gun, BB gun, slingshot or bow or hunting arrow or any other weapon in his possession or in his vehicle other than in a closed trunk, storage compartment or other area separated from the passenger section of the vehicle, in any recreation area, nor shall any person discharge any fireworks or weapon upon or into any park or beach; provided, however, that the manager may designate areas in which such activity is permitted.

(Ord. No. 90-11, § 2, 3-6-90)

Cross reference— Firearms and dangerous weapons, § 11-2-1 et seq.

All recreational areas are sanctuaries for wildlife of every sort. No person except persons in the performance of their official duties shall hunt, kill, wound, frighten or capture any wild bird or land animal in any recreational area.

(Ord. No. 90-11, § 2, 3-6-90)

No person having custody of a cat, dog or other domestic animal shall allow such animal in any recreational area without the ability to produce evidence that the animal is currently licensed as required by any other provisions of law and unless such animal is restrained by a substantial leash not to exceed six feet in length and is in the charge of a person competent to restrain such animal; provided that no person having the charge of any dog, except a blind person with his guide dog, shall permit such dog under any circumstances to be within such recreational areas as may be determined by resolution of the city council unless the dog is restrained and enclosed in a car, cage or similar enclosure. This section shall not prevent the city or its lessees from holding supervised public events in such recreational areas in which domestic animals participate, nor shall it prohibit the manager from issuing permits pursuant to section 13-1-25 for group activities wherein dogs will be under the responsible care of a person while not restrained by a leash or enclosed in a car, cage or similar enclosure while participating in a permitted canine event.

(Ord. No. 90-11, § 2, 3-6-90)

Cross reference— Animals, tit. 10.

No person shall play, practice or in any way engage in the game of golf in any park or recreational area in the city, except at the times and places that may be designated by the manager of parks and recreation.

(Ord. No. 95-82, § 2, 6-6-95)

No person shall engage in archery in any park or recreational area in the city, except at the times and places that may be designated by the manager of parks and recreation.

(Ord. No. 95-82, § 3, 6-6-95)

No person shall engage in ice blocking in any park or recreational area in the city. "Ice blocking" is defined to mean an activity where a person uses a block of ice or other device to slide down a hill or slope.

(Ord. No. 95-82, § 4, 6-6-95)

(a) No person shall participate in any organized play on any park, soccer field, baseball field, softball field or other recreational facility owned, operated or controlled by the city without first receiving a permit which is issued by the manager of parks and recreation and which authorize the organized play at the particular site.

(b) The term organized play as used in this section shall mean 12 or more persons engaging in a team sport athletic contest, such as, but not limited to, soccer, baseball, softball, football, basketball, or volleyball.

(c) In determining whether or not to issue a permit, the manager of parks and recreation shall consider the following and any other factors he deems relevant:

(1) The suitability of the particular facility for the proposed play.

(2) The effect of the activity on the neighborhood.

(3) The limitation on the availability of the facility for spontaneous recreational use by the public caused by the permitted use of the facility.

(d) The manager of parks and recreation may place such reasonable conditions on the issuance of a permit as he deems necessary and proper to protect the public welfare, including but not limited to:

(1) Restrictions on the number, age and other designations of persons who may participate in such permitted play.

(2) Restrictions on the season, days of the week and time of day that the particular facility may be used by the permittee.

(3) Provisions for the maintenance by the permittee of the sanitation, cleanliness and appearance of the facility.

(4) Provisions for security and the maintenance of law and order, including compliance with noise, parking, safety and other appropriate regulations.

(5) Restrictions on the installation of apparatus or modification in any manner, either temporary or permanent, by the permittee to the sports field or adjacent structures.

(6) Provisions for the posting of liability insurance by the permittee.

(7) Provisions for the posting of a cleaning deposit by the permittees, from which the said manager may from time to time withdraw funds as an offset to the cost to the city of cleaning the facility and accommodations thereon used or usable by the permittee.

(e) In the event that any of the conditions of the permit are violated by the permittee or for other good cause shown, the manager of parks and recreation may suspend or revoke the permit (and retain the deposit in whole or in part, if the facts support such action) after notice to the permittee.

(f) When a permit is issued for organized play at a park, soccer field, baseball field, softball field, or other recreational facility pursuant to this section for use of said facility at a particular time, and that facility is being used by one or more persons who do not hold a permit to use the facility at that particular time, the non-permit holders shall immediately vacate the facility upon arrival of the permit holders and request by the permit holders that the non-permit holders vacate the facility.

(Ord. No. 95-82, § 5, 6-6-95)

No person shall conduct or participate in any sport or in any organized athletic activities within any recreational area other than in such areas as may be designated for such sports, games or athletic activities, or in any areas where the manager has posted signs prohibiting such activities.

(Ord. No. 90-11, § 2, 3-6-90)

(a) Designation and use. The manager may designate horseback riding and hiking trails in beaches and parks. He may also designate closed areas where entry is prohibited in the interest of public convenience or safety. No person may leave a designated trail in any beach or park on foot or on horseback or otherwise, other than for law enforcement, lifesaving or emergency purposes or for beach or park maintenance, at other than designated entry or exit points. No person shall enter on foot or on horseback or otherwise any area in any beach or park which the manager has posted as a closed area.

(b) Trails along or through private property. No person within any recreational area shall enter on or go upon the lands of another, under cultivation or enclosed by a fence, for any purpose whatever, without the consent in writing of the owner of the premises or of the person entitled to the use and occupancy thereof, except in the lawful performance of an official duty.

(c) Closing of gates. No person opening a closed gate shall proceed beyond the gate without first closing it.

(d) Closure. Either the city director of public works or the manager may close any park, beach, field, or other recreational area or facility when such an area or facility is filled to capacity, a hazardous condition poses potential danger to citizens, city employees, or property, it needs to be reconstructed, renovated, refurbished, repaired or maintained, or the area or facility needs to be closed because of inclement weather and the need to avoid damage that would occur by use of the area or facility during or after the inclement weather. Any such closure shall be for the duration that the area or facility is filled to capacity, the existence of the hazardous condition, the times required for the reconstruction, renovation, refurbishment, repair or maintenance, or the existence of the impact on the area or facility by inclement weather, as determined by the manager.

(Ord. No. 90-11, § 2, 3-6-90; Ord. No. 95-82, § 6, 6-6-95)

(a) Saddle and pack animals. No person having custody or control of a horse or other saddle or pack animal shall allow such animal in any part of a recreational area except upon roads or bridle trails designated for equestrian traffic. No person shall ride or drive any horse or other animal which is not well-broken and under the control of such person. No person shall ride any saddle animal in any manner that endangers any other person or animal. No person shall allow his saddle or pack animal to stand unattended or improperly tied.

(b) Livestock. No person shall molest livestock in or adjacent to a park.

(Ord. No. 90-11, § 2, 3-6-90)

Cross reference— Animals, tit. 10.

No person shall erect structures within any recreational area without the consent of the manager.

(Ord. No. 90-11, § 2, 3-6-90)

No person shall dive or jump into any body of water in any recreational area from any pier, bridge, rock or precipice other than at those places designated and posted for diving or jumping by the manager, as authorized by resolution of the city council. Violation of this section shall be an infraction.

(Ord. No. 90-11, § 2, 3-6-90)

Cross reference— Diving or jumping in water, §§ 11-9-44, 11-9-45.

No person shall land in any body of water in any recreational area after having jumped or dived from any pier, bridge, rock or precipice above such body of water, other than at those places designated and posted for diving and jumping by the manager, as authorized by resolution of the city council. Violation of this section shall be an infraction.

(Ord. No. 90-11, § 2, 3-6-90)

No person in any recreational area shall give or cause a false alarm of drowning to be given in any manner. Any person who knows that an alarm is false shall immediately notify the guard to whom the alarm was given of its falsity.

(Ord. No. 90-11, § 2, 3-6-90)

No person shall allow any equipment over which he has custody or control to remain at any recreational area during any time that the recreational area is closed, unless authorized by the manager.

(Ord. No. 90-11, § 2, 3-6-90)

(a) No person, except those persons employed by the city, shall perform any labor in or upon any park. Labor includes, but is not limited to, installing, taking up or replacing soil, turf, ground, pavement, structures, trees, shrubs, plants or flowers. Labor shall only be performed under the authorization, supervision or control of the manager of parks and recreation and the director of public works.

(b) Notwithstanding the provisions of subsection (a), labor may be performed by persons who are not employees of the city in situations where such persons are volunteers who are working on city facilities such as the Botanical Preserve and the city's athletic fields, including baseball, softball, and soccer fields. Such volunteer labor may only be performed when, prior to commencement of the work, written authorization for the work is given by the director of public works.

(Ord. No. 95-82, § 7, 6-6-95)

(a) Pursuant to Vehicle Code Section 23127, the operation of unauthorized motor vehicles, including motorized scooters, on hiking and horseback riding trails and bicycle paths is prohibited, and the city manager is authorized and directed to take all actions necessary, including posting of warning signs, to implement the prohibition on operation of unauthorized motor vehicles on hiking and horseback riding trails and bicycle paths set forth in that section.

(b) Pursuant to Vehicle Code Section 21230 and 21225, the operation of motorized scooters, as defined in Vehicle Code Section 407.5, is prohibited on hiking and horseback riding trails and bicycle paths and trails and bikeways located in the city.

(c) For purposes of this section, bicycle paths and trails and bikeways do not include bicycle lanes on streets.

(Ord. No. 2005-139, § 2, 3-15-05)