Lindsay Municipal Code § 14.03 Conduct In City Parks And Recreation Areas

1. The purpose of this title is to maximize the community enjoyment of city owned and/or operated park and recreation areas and to prohibit activities and behavior which interfere with this objective to the detriment of the public health, welfare and safety.
2. This title shall apply to conduct in public park/recreation areas and be enforceable notwithstanding the exceptions provided.

HISTORY Adopted by Ord. 554 on 7/12/2016

The following words, phrases and terms as used in this title shall have the following meanings:

1. "Commercial Activities" means the conduct of a business, profession, trade, occupation and all and every kind of calling carried on with or without the intent of making a profit.
2. "Public Park/Recreation Area" means all parks/recreation areas used by the public within the boundaries of the city limits of the city, and which are owned, operated and/or maintained by the city, including city-owned golf courses and designated greenbelt and open space areas.
3. "Sound Amplifying Equipment" means any machine or device for the amplification of the human voice, music, or any other sound, or by which the human voice, music, or any other sound is amplified. Sound amplifying equipment shall exclude vehicle radios and stereo equipment when used and heard only by the occupants of the vehicle in which same is installed. Sound amplifying equipment shall exclude devices on authorized emergency vehicles or other warning devices on any vehicle used only for traffic safety purposes.

HISTORY Adopted by Ord. 554 on 7/12/2016

1. Except as permitted by the city services director, or designee, it is unlawful for any person, other than when engaged in the performance of duties as a city employee, to drive or park any motor vehicle in or upon any public park/recreation area, golf course, greenbelt, or other open space area owned by the city except for those areas specifically designated for vehicular traffic.
2. This rule shall not apply to parks, maintenance, or emergency vehicles or when specifically authorized for the delivery of goods or materials.
3. Any person violating the provisions of this title shall be guilty of a misdemeanor and subject to the penalties set forth in Section 14.03.160.

HISTORY Adopted by Ord. 554 on 7/12/2016

It is unlawful for any person to destroy, mutilate, damage or deface any property, including but not limited to, a structure, monument, statue, vase, fountain, wall, fence, railing, bench, shrub, tree, fern, plant flower, lighting system or sprinkling system owned or used by the city as a public park/recreation area.

HISTORY Adopted by Ord. 554 on 7/12/2016

1. It is unlawful for any person to bring, have, allow or free any animal within the perimeter of any public park/recreation area, including but not limited to, any horse, fowl, bovine or other domestic animal, or any reptile or other wild animal except:
2. Dogs at the Lindsay Kiwanis Paw Park or any other designated off-leash dog areas;
3. Dogs or other permitted animals are restrained by leash or similar device;
4. Americans with Disabilities Act (ADA) Service Animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal's work or the individual's disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls; and
5. Law enforcement dogs.
6. Animals in City Parks must abide by the provisions within Title Six (6) Animals of the Lindsay Municipal Code.
7. It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill, throw any stone or missile of any kind at or strike with any stick or weapon, any animal, bird, or fowl in any public park/recreation area.
8. Animals in City Parks must abide by the provisions within Title Six (6) Animals of the Lindsay Municipal Code.

(Ord 608, 2023)

HISTORY Adopted by Ord. 554 on 7/12/2016

It is unlawful for any person to play, practice, putt or otherwise engage in the game of golf within the confines of any public park/recreation area, except for those park/recreation areas specifically designated by the city services director as a "golf course."

HISTORY Adopted by Ord. 554 on 7/12/2016

lt shall be unlawful for any person to play or engage in model airplane flying, including drones, radio controlled or the use of any other power driven or noise producing hobby or recreational device, archery, paintball, air gun, sling shot, hardball or any similar games of a hazardous nature in public park/recreation areas, except at such places and times as shall be specifically established by the city services director, or designee.

HISTORY Adopted by Ord. 554 on 7/12/2016

It shall be unlawful to possess any beverage container made of glass in any public park/recreation area or to bring, carry, or transport any beverage container made of glass into any public park/recreation area.

HISTORY Adopted by Ord. 554 on 7/12/2016

1. It is unlawful for any person to emit from their vehicle, stereo, tape deck, CD player, boom box or other device music or noise which exceeds sixty (60) decibels at fifty (50) feet and/or interferes with other uses in any public park/recreation area unless an amplified music permit has been issued by the city services director, or designee, for a special event.
2. It is unlawful for any person to use, operate any loudspeaker or sound amplifying equipment in fixed or moveable position for the purposes of giving instructions, directions, talks, addresses, or lectures or for transmitting music to any persons or assemblages of persons, in or upon any public park/recreation area without first obtaining a permit from the city services director, or designee. This provision shall not apply to law enforcement personnel of government agencies acting in their official capacity.

HISTORY Adopted by Ord. 554 on 7/12/2016

It is unlawful to use generators and small engine motors in any public park/recreation area that emit noise which exceeds sixty (60) decibels at fifty (50) feet without first obtaining a permit from the city services director, or designee. This provision shall not apply to city personnel acting in their official capacity.

HISTORY Adopted by Ord. 554 on 7/12/2016

1. It is unlawful to conduct commercial activities in any public park/recreation areas, unless a permit is obtained from the city finance department.
2. In order to obtain such permit, applicant must provide to the city finance department the following:
3. A permit application and permit processing fee;
4. A current city business license for such commercial venture;
5. An insurance certificate in the amount of one million dollars ($1,000,000) or such increased amount required by the city's risk management division, covering the commercial activity to be conducted in any public park/recreation areas and naming the city, its officers, agents, representatives and volunteers as additional insured's;
6. Proof of worker's compensation insurance as required by California law; and
7. Compliance with relevant rules and regulations established by the city services and/or planning director for conduct of commercial activities in public park/recreations areas. Nothing in this section shall prohibit the city services and/or planning director from awarding a franchise for special events to a particular caterer, vendor, or other enterprise.

HISTORY Adopted by Ord. 554 on 7/12/2016

Within the boundaries of all city parks and trail ways, no person shall use a shopping cart or a similar device that is primarily used for the purpose of transporting goods of any kind. The only exception, shall be wheeled carts being utilized for recreational equipment or transport of event equipment and goods, wheeled ice chests that are being used for food product and vendors with a valid city issued permit as indicated in Section 14.03.110.

HISTORY Adopted by Ord. 554 on 7/12/2016

Any person who interferes with any city employee in the performance of his or her duties, or who by his or her conduct, interferes with the use of any public park/recreation area by any other person, or who has committed any public offense within any public park/recreation area, shall leave the public park/recreation area upon request by any city employee. No person who has been requested to leave a public park/recreation area pursuant to this section shall return to or re-enter the park until seven a.m. (7:00 a.m.) of the next day.

HISTORY Adopted by Ord. 554 on 7/12/2016

1. Findings. The Council finds that disorderly conduct in a public/park recreation area (referred to as "park" or "park area" in this section) that is dangerous, harmful, offensive, disruptive, or that is a public nuisance obstructs or interferes with the enjoyment of the park and negatively impacts the community and should be prevented through suspensions.of the privilege of enjoying the city's public parks/recreation areas.
2. The City Manager or designee is hereby authorized to suspend the individual committing the following offenses from utilizing park areas for a period of up to twelve (12) months:
3. Possession of illegal drugs or illegal drug paraphernalia in a park or park area;
4. Possession of an illegal weapon (as defined by a pertinent provision of the California Penal Code) in a park or park area.
5. Commission or solicitation of an act of prostitution in a park or park area (the term act of prostitution shall mean performs sexual activity for hire).
6. Commission of an act of criminal assault or battery (as defined by a pertinent provisions of the California Penal Code) on another person inside a park or park or recreation area.
7. Commission of any other violation of the Lindsay Municipal Code or state law on three separate occasions within a thirty (30) day period within a park or park or recreation area during a time the park or park area is open to the public.
8. The City Manager or designee shall make the determination to impose a suspension pursuant to this section on the basis of substantial evidence. A record of arrest or citation for any of the above qualifying acts or violations, regardless of whether a conviction has resulted, may be considered substantial evidence sufficient to support a suspension under this section. The City Manager or designee shall consider any other relevant evidence available.
9. In imposing a suspension pursuant to this section, the City Manager or designee shall provide notice of suspension, by serving written notice on the person receiving the suspension in a manner permitted by Lindsay Municipal Code. Persons receiving notice of suspension may request an administrative appeal hearing as described in Lindsay Municipal Code within ten (10) days of receiving notice of suspension. The suspension shall not be stayed pending the appeal process. At the hearing the rules applicable to administrative hearings under the Lindsay Municipal shall apply. The individual may present evidence to demonstrate why the suspension should not be issued, which, may include but is not limited to: questioning witnesses; providing evidence showing the underlying acts did not occur; or providing evidence as to why the underlying acts were not dangerous, harmful, offensive, disruptive, or otherwise constitute a public nuisance. The hearing officer shall have the authority to uphold any issued suspension, reverse the suspension, or reduce the term of any suspension.
10. Suspended persons are not allowed by the city to use public park/recreation areas during the term of suspension or to rent public park/recreation areas from the city. Violators may be cited for a violation of this section and must immediately leave the park area.

HISTORY Adopted by Ord. 554 on 7/12/2016

1. Any person violating the provisions of this title shall be guilty of a misdemeanor and subject to penalties.
2. Notwithstanding the classification of a violation of this title as a misdemeanor, at the time an action is commenced to enforce the provisions of this title, the trial court, upon recommendation of the prosecuting attorney, may reduce the charge of the offense from a misdemeanor to an infraction pursuant to Section 19(c) of the California Penal Code.
3. Operation of vehicles in parks. The City will strictly enforce no operation or parking of vehicles in parks or recreation areas, except as noted in Section 14.03.030. Per Title 1, General Provisions of the Municipal Code of the City of Lindsay, Chapter 1.16, General Penalty, Section 1.16.010, Penalty for Code Violations, and shall be subject to a fine in an amount which is set by resolution of the City Council.

(Ord. 604 2023)

HISTORY Adopted by Ord. 554 on 7/12/2016