Laguna Woods Municipal Code Ch. 9.18 Parks and Recreation

Footnotes:

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State Law reference— Park and Playground Act of 1909, Government Code § 38000 et seq.; discontinuance of Parks, Government Code § 38400 et seq.

The provisions of this chapter shall, unless otherwise expressly provided, apply in all parks and recreational areas and other publicly owned or operated lands or waters falling within the definition of those terms as set forth in Section 9.18.020 of this chapter.

(OCC § 2-5-1)

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

(05) Alcoholic beverage. Alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one percent or more of alcohol by volume and where is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

(10) Director. The City Manager or designee.

(15) Eviction. Revocation of users permit and expulsion from facility.

(20) Park. Every park, roadside rest, golf course, reservoir, riding and hiking trail, green belt, recreational facility and every other public recreation facility owned, managed or controlled by the City.

(25) Park waters. Any lake, reservoir, pond, river or other body of water within or flowing through a park.

(30) Person. Every person, firm, corporation, partnership, joint venture, association, social club, fraternal organization, or any other group or combination acting as a unit.

(35) Recreational area. All parks and park waters as herein defined.

(OCC § 2-5-2)

(a) The privilege of any person to use the recreational areas is hereby expressly conditioned upon compliance by that person with the provisions of this chapter as they apply to such use.

(b) In addition to other penalties provided, violation of any provision of this chapter shall subject the person violating to eviction from the park in which the violation occurs and other parks if deemed necessary, all in accordance with the procedures in Section 9.18.090. This chapter shall be enforced by the Director and such of his agents as he may designate to perform said duty, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this chapter may take place.

(OCC § 2-5-3)

The purpose of this chapter is to provide for the orderly administration and control of recreational areas. The Director is hereby instructed to administer the provisions of this chapter in such a way as to achieve the maximum benefit to the public.

(OCC § 2-5-4)

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

(OCC § 2-5-15)

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.

(OCC § 2-5-16)

(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. Each adult registering to camp at any park will be required to present a current valid driver's license upon registration.

(b) No permittee shall occupy any campsite in excess of such period prescribed by the permit. In addition to the other penalties provided herein, 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 Director or his agents in accordance with a procedure approved by the Director.

(OCC § 2-5-17)

No person shall use electric outlets within any recreational area without first paying such fees as may be prescribed by resolutions.

(OCC § 2-5-18)

No person shall sell or offer for sale any goods, wares, merchandise or food products. Provided, however, that this section does not apply to any concession operated under authority granted by the City Council, nor to any activity specifically exempted by order or resolution of said City Council.

(OCC § 2-5-19)

(a) A person is subject to eviction from the park when the following conditions occur:

(1) The person is in violation of a park rule or regulation;

(2) The person has been warned in a manner that is reasonably calculated to reach that person that eviction may result from any further violation;

(3) After receiving such warning, a further violation occurs;

(4) No lesser sanction reasonably appears to suffice.

(5) However, where a violation is of such magnitude or seriousness of violence, no warnings will be necessary prior to eviction.

(b) A group is subject to eviction from the park when any one of the following conditions occur and no lesser sanction reasonably appears to suffice:

(1) There is probably cause to believe that an unlawful assembly exists pursuant to Penal Code § 407;

(2) There is a clear and present danger of imminent violence which cannot reasonably be forestalled without evicting the entire group;

(3) There exists a group sponsored or organized activity which violates one or more park rules and regulations and such group sponsored organized activity has not ceased as a result of one or more warnings given to the permit applicant and the group as a whole;

(4) There are multiple individual violations of park rules and regulations which have not stopped following the eviction of one or more such individual violators and violations continue after the group has had a reasonable opportunity to cure them.

(OCC § 2-5-20)

(a) The Director shall designate the areas in each park wherein picnics, meetings or other organized public gatherings may be held. The Director shall maintain a calendar with respect to each such designated area, and on said calendar show each such picnic, meeting or other organized gathering involving more than 100 persons to be held in said areas. No person shall caused any picnic, meeting or other public gathering involving the attendance of more than 100 persons to be held in any park without first obtaining a written permit from the Director.

(b) Application for such permit shall be in writing and shall specify the date, time, the area desired to be used, the number of persons expected to attend, name and address of the applicant or his representative and any other information the Director may reasonably require. Applications shall be filed with the Director at least 45 calendar days prior to the date the event is desired to be held, provided that the Director may waive this requirement when applications can be processed more expeditiously. Subject to subsection (d) of this section, permits shall be issued when previously issued permits have not exhausted the capacity of the area sought to be used. When a permit will not be issued because of exhaustion of capacity, the Director shall notify the applicant within 25 working days of receipt of the application.

(c) Permits may be subjected to conditions when determined necessary by the Director in order to ensure that the permitted event:

(1) Will not interfere with other park uses or events;

(2) Will not adversely affect occupancies adjacent to the park; and

(3) Will not result in litter or debris in the park after the permitted event has concluded. Such conditions shall be limited to requirements that the permittee:

a. Provide security personnel to ensure that the event will be orderly and that attendees will comply with park regulations (applicable only when attendance of more than 500 persons is expected);

b. Provide for clean up of litter and debris after the event; and

c. Provide for control of the noise level of the any sound amplification systems used so that applicable sound limits are not exceeded.

(d) The Director may decline to issue a permit when he determines that the applicant has within the preceding 18 months conducted previous similar events in public recreation facilities, whether operated by the City or other public agencies, and such events have resulted in noise or other activities which disturbed other users of the facilities or occupancies adjacent to the facility, or where requirements or conditions of any applicable permits were not complied with or where there was significant damage to public property. If the Director declines to issue a permit pursuant to this subsection he shall so notify the applicant is writing within 25 working days of receipt of the application. Such notification shall set forth the reasons why a permit will not be issued. If the Director has not notified the applicant that he declines, pursuant to this subsection (d) to issue a permit within 25 working days of receipt of the application, a permit shall be issued. For purposes of this subsection, notification shall be deemed to occur on the date the notification is placed in the United States mail addressed to the applicant.

(e) This section shall not apply to picnics, meetings or other organized gatherings involving attendance of more than 10,000 persons. The City Council may, by resolution or minute order, adopt rules and regulations governing such events including, but not limited to, provisions for processing applications and limiting the number of such events.

(OCC § 2-5-25)

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 Director is expressly given the authority to determine the maximum amplification permissible in areas designated consistent with other persons' enjoyment of the recreational area facilities.

(OCC § 2-5-26)

Except as otherwise provided herein, 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, except as expressly authorized in this chapter. 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 said recreational area, or any tree situated in any recreational area, by painting, cutting, scratching or breaking the same or attaching or affixing anything thereto.

(OCC § 2-5-27)

(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 Director and provided for such purpose.

(c) Cleanliness of campsites. All persons using campsites shall keep said 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) Toilets and refuse. No person shall discharge any human or animal excreta or waste water 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.

(OCC § 2-5-28)

(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 Director is authorized and directed to erect and maintain signs at locations he deems appropriate indicating the established speed limits for parks along the roadways or streets therein. The Director 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 Director or such of his employees as he may designate or by peace officers under either of the following circumstances:

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

(2) 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.

(OCC § 2-5-29)

No person shall ride a skateboard, roller skates or other conveyance propelled by human power other than a bicycle or cause or permit same to roll or coast within any recreational area where the Director has posted signs to prohibit such activity.

(OCC § 2-5-30)

No person who digs up, plows up, removes or breaks the earth, soil, stone, pavement or other surface of, or otherwise injures any parks or recreational areas or makes or causes to be made any excavation, or constructs, places upon, maintains or leaves any material, sign, billboard, advertisement, or any obstruction or impediment to travel in or upon parks recreational areas, or any tank, pipe, conduit, duct, tunnel or any other installation of any nature across, upon, in or under any first obtained a permit so to do shall be guilty of a misdemeanor.

(OCC § 2-5-31)

No person shall have any fireworks, firearms, air gun, BB gun, slingshot or bow or hunting arrow or any 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; provided, however, that the Director may designate areas in which such activity is permitted.

(OCC § 2-5-37)

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.

(OCC § 2-5-38)

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 provision 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, deaf or disabled person with his guide dog, signal dog or service dog, shall permit such dog under any circumstances to be within such recreational areas as may be determined by resolution 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 Director from issuing permits pursuant to Section 9.18.100 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. This section shall not apply to the Laguna Woods Dog Park.

(OCC § 2-5-39)

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, nor in any areas where the Director has posted signs prohibiting such activities.

(OCC § 2-5-45)

(a) Designation and use. The Director may designate horseback riding and hiking trails in parks and recreational open spaces. 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 park or recreational open space on foot, or on horseback or otherwise, other than for law enforcement, lifesaving or emergency purposes or for park maintenance, at other than designated entry or exit points. No person shall enter on foot, or horseback or otherwise, any areas in any park which the Director 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 said premises or of the person or persons entitled to the use and occupancy thereof, except in the lawful performance of an official duty.

(c) Gates. No person opening a closed gate shall proceed beyond said gate without first closing it.

(d) Closure. The Director may close parks and recreational areas and facilities when such areas and facilities are filled to capacity or a hazardous condition poses potential danger to citizens, City employees or City property. Any such closure shall be for the duration of said capacity or hazardous condition situation as determined by the Director.

(OCC § 2-5-46)

(a) Saddle and pack animals. No person having custody or control of a horse or other saddle or pack animal shall allow said 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 said 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.

(OCC § 2-5-47)

No person shall erect structures within any recreational area without the consent of the Director. Consent shall be given for such structures only when they are proposed to be placed in areas designed for same.

(OCC § 2-5-48)

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 or guards to whom said alarm was given of its falsity.

(OCC § 2-5-50)

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

(OCC § 2-5-51)

(a) Scope. This section shall apply in all parks and park waters falling within the definition of those terms as set forth in Section 9.18.020.

(b) Fishing. No person shall fish or practice fly casting in nonnavigable park waters of any park in areas other than those designated by the Director for such activities.

(OCC §§ 2-5-62, 2-5-63)

(a) Swimming. No person shall swim, bathe or enter in or into any park waters other than those waters designated by the Director for such swimming, bathing or entering.

(b) Fires.

(1) Campfire location and permit. No person shall build, light or maintain any fire in any park except in a camp stove or fireplace provided in areas designated by the Director for such purposes; provided, however, that camper, trailer, oil or gas camp stoves and braziers or hibachis may be used in areas designated for their use by the Director; and further provided that in wilderness areas sites may be designated by the Director wherein persons who have obtained campfire permits from the Director may build small campfires. The authority of the Director to permit campfires within recreational areas is limited to those areas not restricted by State and local fire prevention officials.

(2) Removal of combustible materials. No person shall build a campfire in any park until he has first cleared an area of 25 feet in all directions from said campfire site of all deadwood, moss, dry leaves or other combustible material.

(3) Extinguishing fires. Each person building or using a campfire in any park shall, when said campfire is no longer needed, extinguish said campfire by thoroughly wetting the combustible material and covering it with sand or dirt.

(4) Fire prevention. Every person shall make the suppression and prevention of fire their first consideration while using any park area. Any negligent use of combustible materials is prohibited. Any person learning of an unauthorized fire in any park shall extinguish it if he can do so without endangering himself, or, if he cannot extinguish it, shall promptly communicate the position of the fire to park officials.

(5) Smoking. The Director may restrict or prohibit smoking in all or any part of a park when fire danger requires such action. In such cases the Director shall post smoking regulations at conspicuous locations. No person shall smoke in any park in violation of such regulations.

(OCC §§ 2-5-64, 2-5-65)

(a) Definitions. For the purpose of this section, the following definitions shall apply:

(05) Aggressive, dangerous, or threatening dogs shall mean any one or more of the following:

(1) Any dog that, when unprovoked engages in a behavior that requires a defensive action by any person to prevent an attack or bite, or injury to a person or other dog or animal.

(2) Any dog that, when unprovoked, bites, inflicts injury, or otherwise causes injury to a person or other dog or animal.

(10) Dog park shall mean any public area designated by the City Council or City Manager for off-leash dog exercise and socialization.

(15) Guardian shall mean any person accompanying one or more dogs in a dog park.

(20) Smoking shall have the same meaning as that term is defined in Section 7.16.020(50) of this Code.

(25) Vicious dog shall have the same meaning as set forth in California Food and Agriculture Code § 31603, as may be amended from time to time.

(b) Rules. The following rules shall apply to the use of dog parks:

(1) Use of the dog park shall be limited to off-leash dog exercise and socialization only.

(2) Use of the dog park is prohibited at all of the following times:

a. Between the hours of dusk and 7:00 a.m., daily, unless waived by the City Manager.

b. Every Tuesday from 7:00 a.m. to 1:00 p.m. for maintenance or any other purpose, unless waived by the City Manager.

c. As-needed and so-designated by the City Manager for maintenance or any other purpose.

d. During any rain event or other episode of inclement or dangerous weather.

(3) Only guardians and their dogs are permitted.

(4) No single guardian shall be the sole accompanying person for any more than three dogs.

(5) Every dog must be under the control at all times of a guardian who is at least 18 years of age. Guardians are solely responsible for the behavior of their dog(s) at all times and must remain in the dog park and supervise their dog(s) at all times.

(6) Children under 16 years of age must be accompanied by a responsible guardian who is at least 18 years of age and must be supervised by that person at all times. All children under six years of age must be within arm's reach of a responsible guardian at all times.

(7) Every dog must be spayed or neutered, with the exception of service dogs under applicable law.

(8) Every dog must wear a current dog license tag.

(9) Dogs must be on-leash while entering and exiting the dog park. Dogs may only be taken off-leash once inside the second gate and only when it is safe to do so.

(10) All dog park gates must be closed and latched when not in use.

(11) Guardians must immediately pick up and dispose of all waste—including dog waste—in a designated receptacle.

(12) Furniture or equipment not supplied by the City is prohibited in the dog park and will be removed and disposed of without compensation or notice.

(13) The following are prohibited:

a. Vicious dogs;

b. Aggressive, dangerous, or threatening dogs;

c. Lactating dogs;

d. Injured or sick dogs;

e. Dogs less than four months of age;

f. Spike collars or chains;

g. Bicycles, scooters, or skateboards;

h. Drones or other unmanned aerial vehicles;

i. Strollers;

j. Commercial activity (e.g., dog training classes);

k. Alcoholic beverages;

l. Food of any kind (including dog treats);

m. Glass bottles; and

n. Smoking.

(c) Suspension of rules. The City Council or City Manager may suspend any provision set forth in Section 9.18.290(b) of this Code to accommodate programs, projects, or services undertaken or sponsored by the City.

(d) Ejection of violators. City of Laguna Woods, City of Laguna Beach, or Orange County Sheriffs Department personnel, including subcontractors or agents acting on behalf of any of the aforementioned agencies, may eject any person or dog from a dog park who fails to immediately observe or adhere to any provision set forth in Section 9.18.290(b) of this Code. Ejection is a non-exclusive remedy and shall not limit the pursuit of any other or any additional judicial or administrative remedies that may be available by law.

(Ord. No. 18-08, § 3 (Exh. A), 8-15-2018)