Chapter 12.32 — PARK AND RECREATION AREAS AND FACILITIES

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:

Alcoholic beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing one half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or combined with other substances.

Amplified sound means sound projected and transmitted by electronic equipment, including amplifiers.

Amplified speech means speech projected and transmitted by electronic means.

Buildings means those structures or any portion thereof under the management of the Town and made available for the use of the permittees, including parking areas.

Designated representative means a person appointed by the Town Manager or the Town Council to act as a representative.

Director means the Director of the Town Parks and Recreation Department or a designated representative to act in his/her place.

Facilities or area means Town-owned or -leased property, improved or unimproved Town park and park amenities.

Parks means all grounds, roadways, and lands acquired by the Town or any area thereof which is controlled by the Town.

Permit means a document that authorizes use of parks, equipment, or buildings as provided for and defined within Town ordinances.

Town equipment means any personal property, real property or fixtures owned by the Town located in any Town facility.

(Code 1990, § 12.20.010; Ord. No. 87-04, § 1, 1987)

The Town Manager is authorized to implement and administer the policies, ordinances, and regulations contained in this chapter. When a power is granted to or a duty imposed on the Town Manager, the powers may be exercised or the duty performed by a designated representative of the Town Manager, unless this policy expressly provides otherwise. The Town Manager shall enforce the provisions of this chapter.

(Code 1990, § 12.20.020; Ord. No. 87-04, § 2, 1987)

The Town and County employees who are certified peace officers shall have the authority to warn, evict, arrest, and cite persons who violate any provisions of this chapter. Town and County peace officers shall carry proper identification.

(Code 1990, § 12.20.030; Ord. No. 87-04, § 3, 1987)

The Town Manager, or a duly authorized representative, may enter any park area or recreation facility at any time to inspect the premises for safety, compliance of use, hazards, or other reasons deemed necessary by the Town.

(Code 1990, § 12.20.040; Ord. No. 87-04, § 4, 1987)

(a)

Hours. The use of all public parks and recreation areas within the Town limits is prohibited between the hours of 10:00 p.m. to 6:00 a.m., unless a permit is obtained from the Town.

(b)

Park closure. The Town Manager, or a duly authorized representative, may close a park area or recreation facility at any time there is an apparent danger to the persons using the property itself, or for any cause

which would provide for the safety and protection of the public. This section may be enforced without concurrence of those individuals or groups involved in the use of the parks. Remaining in an area closed by the Town Manager or authorized representative is prohibited.

(Code 1990, § 12.20.050; Ord. No. 87-04, § 5, 1987; Ord. No. 89-17, § 1, 1989)

Requests received from nonagency local groups or organizations for the use of Town equipment shall be made in writing to the Town. Such requests may be granted by the Town Manager, provided that such use does not interfere with Town operations, ordinances, regulations, policies, or procedures.

(Code 1990, § 12.20.060; Ord. No. 87-04, § 6, 1987)

When in the interest of public health, safety or welfare, it is determined that it is in the best public interest to exclude persons or groups from any Town area and/or facility, such action may be taken by the Town Manager, or designated representative, subject to appeal to the Town Council.

(Code 1990, § 12.20.070; Ord. No. 87-04, § 7, 1987)

The provisions of this chapter do not apply to the operation of Town owned or operated vehicles or personnel who engage in official Town business.

(Code 1990, § 12.20.080; Ord. No. 87-04, § 8, 1987)

(a)

All persons to whom a use permit is granted must agree in writing to hold the Town harmless and indemnify the Town from any liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and the persons shall be liable to the Town for any damages to parks, equipment, and buildings owned and controlled by the Town which result from the activity or the permittee or is caused by any participant in the activity. A person exercising any of the privileges authorized by this policy does so at such person's own risk without liability on the part of the Town for any injury to persons or property resulting therefrom.

(b)

When an association or organization which carries public liability insurance requests the use of Town facilities, or when the Town is involved with scheduling and/or coordinating their activities, a certificate of co-insurance naming the Town as an additional insured must be filed with the Town five days prior to the first day of use of facilities involved. The Town may require proof of liability insurance with limit of bodily injury and property damage of not less than $1,000,000.00 and a certificate of co-insurance for any group when it is determined that the planned activity is judged to be other than a low risk activity.

(Code 1990, § 12.20.090; Ord. No. 87-04, § 9, 1987)

Individuals or groups causing damage to any building, grounds, fixtures, furniture, or appurtenances shall be required to reimburse the Town for all costs involved to restore the building, grounds, fixtures, furniture or appurtenance to its original condition. Such individuals or groups shall be subject to refusal of use in the future.

(Code 1990, § 12.20.100; Ord. No. 87-04, § 10, 1987)

Persons causing vandalism or parents, if such persons are under the age of 18 years, will be held financially responsible for the full amount of damages, or the maximum allowed under the Civil Code, §§ 1714.1 and 1714.3 or subsequent sections. All provisions of the Penal Code § 594 are applicable.

(Code 1990, § 12.20.110; Ord. No. 87-04, § 11, 1987)

To ensure proper use and control of facilities and equipment, a security guard may be required when an event is the major use of a facility. Additional security measures may be required to protect the general public and Town property.

(Code 1990, § 12.20.120; Ord. No. 87-04, § 12, 1987)

No person shall willfully disturb the peace and quiet by loud and unusual noise, tumultuous or offensive conduct or threatening, traducing, quarreling, challenging to fight or fighting or by using any vulgar, profane or indecent language within the presence of park patrons in a loud boisterous manner.

(Code 1990, § 12.20.130; Ord. No. 87-04, § 13, 1987)

(a)

The Town Manager shall reserve the right to grant or deny all applications for the use of parks or buildings within the Town. Unless waived by the Town Manager, all applications for use of Town parks or buildings shall be signed by an adult 21 years of age or over who shall be responsible for compliance with the terms of the permit.

(b)

Requests for use shall be made a minimum of seven days and a maximum of six months prior to the date of requested use. Exception: Requests for alcoholic beverage permits must be made in person a minimum of 60 days prior to the event.

(c)

Denial of an application shall be based on the following criteria:

(1)

When a building or a park with the required capacity for the proposed use is not available;

(2)

Refusal by an applicant to agree in writing to conditions of the permit;

(3)

Failure of an applicant to file an application in sufficient time for administrative review;

(4)

The failure to provide the required number of personnel to properly police and protect the activity and other users of the facility or area due to the size or nature of proposed activity;

(5)

The filing of more than one application for the same facility at the same time. Under these circumstances, the Town Manager will give consideration to the application first received and the schedule of priority classification;

(6)

When usage of facility may damage, destroy, or detract from the Town property and/or cause harm, injury, discomfort, or displeasure to the other persons in or near the park;

(7)

Record of applicant or event not complying with regulations of this chapter.

(Code 1990, § 12.20.140; Ord. No. 87-04, § 14, 1987)

(a)

Use of facilities is based on priority ranking. Groups ranked at a low priority may be subject to rescheduling with 30 days' written notice; in that event, the Town will attempt to relocate the group to another Town facility.

(b)

Group priority rating shall be as follows:

(1)

Town-sponsored and Town Parks and Recreations Department-sponsored activities;

(2)

Other governmental agency meetings open to the public;

(3)

Youth, family, or adult community recreation activities open to the general public, sponsored or conducted by recognized community organizations;

(4)

Groups conducting recreation activities open to only their own members, closed meetings;

(5)

Nonrecreation use, service organizational meetings, or restricted activities not open to the public;

(6)

Noncommercial use by a nonprofit organization not fitting in the categories in subsections (b)(3) through (5) of this section;

(7)

Commercial use for financial gain;

(8)

Out-of-town groups; where 51 percent of the participants do not reside or work within the Town limits.

(Code 1990, § 12.20.150; Ord. No. 87-04, § 15, 1987)

A permit may be revoked if any terms or conditions of the permit are violated by the permittee or any agent or employee of the permittee. The permit may be revoked by the Town Manager with or without notice to the persons to whom the permit was issued.

(Code 1990, § 12.20.160; Ord. No. 87-04, § 16, 1987)

An applicant may appeal the decision of a Town representative regarding park and building permits. The applicant must file such appeal through the following appeal process: first, appeal through the Director; second, appeal through the Town Manager; third, and final appeal is made to the Town Council.

(Code 1990, § 12.20.170; Ord. No. 87-04, § 17, 1987)

The application for a permit shall include, but not be limited to, the following information:

(1)

Name of the applicant, the sponsoring organizations, and name of the person in charge of the proposed activity;

(2)

Address and telephone number of applicants;

(3)

Park or building being applied for and the area involved;

(4)

Starting time of the proposed activity;

(5)

Finishing time of the proposed activity;

(6)

Number of persons expected;

(7)

Additional Town personnel or items requested, such as tables, chairs, and associated equipment;

(8)

Nature of the proposed activity, including equipment and vehicles to be brought into the park, duration and nature of the use of any amplified sound whether sound or speech;

(9)

Fees charged and monies collected;

(10)

Individuals who will receive monies collected and purpose for money;

(11)

Notice of requirement of certificate of co-insurance for public liability, in the form of attachment to application, if required.

(Code 1990, § 12.20.180; Ord. No. 87-04, § 18, 1987)

Facility usage may be granted for a maximum of six months. Requests for facility usage exceeding six months are subject to administrative approval and will be reviewed each six months for compliance to the Town priority schedule. Scheduled groups may be subject to cancellation upon ten days' notice. When cancellation is necessary the Town will attempt to relocate the activity.

(Code 1990, § 12.20.190; Ord. No. 87-04, § 19, 1987)

Fees and deposits may be levied to offset Town expenses incurred in providing services. Basic rates for use of facilities are established by resolution adopted by the Town Council and are subject to change by the Town Council.

(Code 1990, § 12.20.200; Ord. No. 87-04, § 20, 1987)

The Town reservable areas may be made available for the use of persons and groups subject to the issuance of a permit and the payment of fees therefor. Use of any park for pre-advertised assemblies may not be made without the issuance of a permit. All applications for use of any park must be signed by an adult 21 years of age or over who shall agree to be responsible for the exclusive use.

(Code 1990, § 12.20.210; Ord. No. 87-04, § 21, 1987)

(a)

Recreation center and athletic fields within the Town parks, are available for the use of persons and groups subject to the issuance of permit and payment of fees thereof. All applications for use must be signed by an adult 21 years of age or over who shall agree to be responsible for the use. No use permit shall be granted if there is a conflict with a prior reservation.

(b)

Any request which will place a major impact on a given facility will be subject to review by the Town review process. The term "major impact" is defined as any activity that impedes the normal use of more than one area of any Town facility. All requests are subject to Town priority ranking classification as set out in Section 12.32.150. The Town reserves the right to cancel a permit or application for a permit upon one week's notice.

(c)

Applications are immediately revocable if false statements are made in reserving a facility, or if the individual or group willfully violates any rule or regulation established by the Town. Applicants shall be responsible for the condition in which they leave Town premises. If Town property has been damaged or abused beyond normal wear, applicants shall be responsible for reasonable costs to replace, repair or clean such property.

(d)

Persons or groups may use any designated reservable or nonreservable facility of any park on a first-come, first-served basis; however, such groups must vacate any reserved facility at the time a permitted use group arrives. Individual picnic tables are available on a first-come, first-served basis in all non-reservable areas.

(e)

No use permit shall be granted for any reservable field before 8:00 a.m. nor beyond one hour before sunset.

(f)

Town personnel may be on duty to supervise the use of the facility.

(Code 1990, § 12.20.220; Ord. No. 87-04, § 22, 1987)

Minimum building rental periods are based on two-hour increments. The time indicated on the application will reflect the actual facility use time which includes setup, decoration, and cleanup. Additional time beyond the two-hour block can be charged on an hourly rate.

(Code 1990, § 12.20.230; Ord. No. 87-04, § 23, 1987)

Setup, breakdown, and basic cleanup will be the responsibility of the group utilizing the facility. When Town personnel are to be utilized to setup, finalized setup sheets must be submitted seven days prior to the event. Changes after the final setup sheet is submitted shall be the responsibility of the user.

(Code 1990, § 12.20.240; Ord. No. 87-04, § 24, 1987)

Decorations of any building or on any structure is prohibited unless approval is obtained by the user from the Town representative.

(Code 1990, § 12.20.250; Ord. No. 87-04, § 25, 1987)

No permit shall be issued authorizing the use of any park or building thereof when the activity proposed is to be held for the sole purpose of advertising for sale any product, goods, wares, merchandise, services, or event, that is designed to be held purely for private profit; distributing handbills or circulars or posting, placing, or erecting any bills, notices, paper, or advertising matter of any kind or conducting or soliciting for any trade, occupation, business or profession without first obtaining permission from the Town. The Town may authorize issuance of such permits on an annual basis for the conduct of such trade, occupation, business or profession when it is compatible with usual park activities and uses, is of convenience or benefit to the park patrons and does not conflict with the business of established concessions. The Town

Manager shall charge a set fee or percentage of sales, fixed by the Town Council for such permits. A person shall not solicit in any manner or for any purpose, or offer for sale any goods, wares or merchandise, or give or distribute handbills, advertising matter, or literature except under the following conditions:

(1)

When a concession is operating under lease or contract authorized by the Town Council;

(2)

When the park, or portion thereof is the location for one event which will not in any way detract from the use of the park by the general public and the proceeds are used for charitable purposes, permission may be granted by the Town Manager;

(3)

When found by the Town Manager to be consistent with the policies of the Town under conditions prescribed by the Town;

(4)

When all necessary fees and deposits have been made.

(Code 1990, § 12.20.260; Ord. No. 87-04, § 26, 1987)

Overnight camping without a permit is prohibited with the following exceptions:

(1)

Youth groups. A permit may be issued to any youth group of a responsible nature allowing the members to camp overnight at a designated location in a park. The members of the group shall be supervised by an adequate number of responsible adults, 21 years of age or older. The members of the group and/or adult supervisors in charge of a youth group shall comply with time, location, and conditions specified in the permit. The use shall not interfere with the use of the park or in any way be detrimental to the park.

(2)

Trailers, campers and motorhomes. Overnight parking of trailers, campers or motorhomes is prohibited on park property without a Town permit.

(Code 1990, § 12.20.270; Ord. No. 87-04, § 27, 1987)

Open fires in Town parks without a permit are prohibited. No permit shall be issued without a fire permit from the Fire Department.

(Code 1990, § 12.20.280; Ord. No. 87-04, § 28, 1987)

Amplified sound, whether for speech, music, or otherwise is prohibited without first obtaining a Town permit.

(Code 1990, § 12.20.290; Ord. No. 87-04, § 29, 1987)

The operation or landing of hot air balloons, hang gliders and sky divers is prohibited in Town parks without first obtaining a Town permit.

(Code 1990, § 12.20.300; Ord. No. 87-04, § 30, 1987)

The operation of motor-driven airplanes, boats, cars, or model rockets is prohibited on park property except in designated areas and without first obtaining a Town permit.

(Code 1990, § 12.20.310; Ord. No. 87-04, § 31, 1987)

The use of golf clubs for playing or practicing is prohibited on park property except in designated areas and without first obtaining a Town permit.

(Code 1990, § 12.20.320; Ord. No. 87-04, § 32, 1987)

Dumping rocks, soil, grass clippings, branches, leaves, equipment, vehicles, furniture, furnishings or accessories, or any other item or material is prohibited without first obtaining a Town permit.

(Code 1990, § 12.20.330; Ord. No. 87-04, § 33, 1987)

Dogs and cats are prohibited on park property unless kept on a leash at all times and under full control of the owner. The removal of feces of animals who defecate on park property is required of the owner or custodian of the animal. Horses, mules, goats, donkeys or similar animals are not permitted on park property unless granted by permit of the Town Manager. No animal shall be allowed to graze or run at large within the boundaries of a Town park. No animal shall be killed, harmed or removed from any park unless by a Town employee during the performance of official duties.

(Code 1990, § 12.20.340; Ord. No. 87-04, § 34, 1987)

Smoking is prohibited in all Town buildings.

(Code 1990, § 12.20.350; Ord. No. 87-04, § 35, 1987)

Trespassing into areas designated "no trespassing" is prohibited. This includes, but is not limited to, rooms in Town buildings or structures, swimming pools during specific posted hours, fenced control areas such as storage areas, shop areas, holding areas, construction sites, and all other areas posted for protection of property, health, safety or welfare or where damage to body and limb, equipment, fixtures or accessories or property may occur.

(Code 1990, § 12.20.360; Ord. No. 87-04, § 36, 1987)

Motorized vehicles shall not be operated or parked on Town property except on designated roadways or within designated markings, without first obtaining a Town permit.

(Code 1990, § 12.20.370; Ord. No. 87-04, § 37, 1987)

Motor vehicles shall not be operated over roads which are posted against public use or provided with closed gates. Motor vehicles shall not be operated over riding or hiking trails unless permission is posted.

(Code 1990, § 12.20.380; Ord. No. 87-04, § 38, 1987)

A person shall not enter, remain in or be in any facility while under the influence of intoxicating liquors or dangerous drugs or substances as defined under Penal Code § 647(f).

(Code 1990, § 12.20.390; Ord. No. 87-04, § 39, 1987)

(a)

A person shall not enter, be or remain in any park in the Town boundaries while possessing, transporting, purchasing, selling, giving away or consuming any alcoholic beverage. This prohibition shall not apply to alcoholic beverages purchased at properly licensed and authorized concession stands.

(b)

A person shall not enter, be or remain in any park in the Town boundaries while possessing, transporting, purchasing, selling, giving away or consuming any narcotic or dangerous drug not prescribed to the user.

(Code 1990, § 12.20.400; Ord. No. 87-04, § 40, 1987; Ord. No. 95-02, § 1, 1995)

Removing or injuring any form of plant life on park property, including the removal of wood, turf, grass, soil, rock, sand, and gravel is prohibited except by a duly authorized Town employee or authorized contractor in the performance of his/her duties or unless specifically authorized by the Director.

(Code 1990, § 12.20.410; Ord. No. 87-04, § 41, 1987)

Carrying onto any park property any garbage, trash or other refuse is prohibited. Trash generated on the park property must be deposited in provided trash receptacles or carried off the park property. Glass containers are prohibited.

(Code 1990, § 12.20.420; Ord. No. 87-04, § 42, 1987)

Throwing missiles, mud, sand, or any object that may cause bodily harm to others is prohibited on park property. Objects safely and reasonably used in the course of recreational activities are exempt from this section.

(Code 1990, § 12.20.430; Ord. No. 87-04, § 43, 1987)

Possession or discharging of firearms, air guns, slingshots, or bow and arrows is prohibited on park property, including any portion of the riding and hiking trails.

(Code 1990, § 12.20.440; Ord. No. 87-04, § 44, 1987)

The possession or firing of firecrackers, rockets, torpedoes, or fireworks on park property is prohibited.

(Code 1990, § 12.20.450; Ord. No. 87-04, § 45, 1987)

No person shall use, attempt to use or interfere with the use of any facility which is reserved for another person or group holding a permit issued from the Town.

(Code 1990, § 12.20.460; Ord. No. 87-04, § 46, 1987)

No person shall enter, occupy, or remain in any park or building of the Town unless compliance with the appropriate regulations set forth in this chapter are adhered to.

(Code 1990, § 12.20.470; Ord. No. 87-04, § 47, 1987)

(a)

Any person who violates any of the provisions of this chapter shall be guilty of an infraction. Each such person shall be guilty of a separate offense for each day during any portion of which any violation of any

provisions of this chapter is committed, continued or permitted by such person, and may be punished accordingly.

(b)

Any provision or requirement of this chapter, the violation of which is the failure to comply with which, is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the Town Attorney or any deputy district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation.

(Code 1990, § 12.20.480; Ord. No. 87-04, § 48, 1987)

(a)

With respect to any skateboard facility or inline park owned or operated by the Town, any person riding a skateboard, inline skates, or similar device shall wear a helmet, elbow pads and knee pads at all times.

(b)

The Town shall post signs at all facilities affording reasonable notice that any person riding a skateboard or inline skating in a facility designated for one or the other of these purposes must wear a helmet, elbow pads and knee pads, and that any person failing to do so shall be guilty of an infraction and subject to citation.

(c)

Any person who fails or refuses to comply with the provisions of this section and who is injured while using the park or facility shall be deemed negligent per se.

(d)

No person shall use the skating surface of the Volcom Brothers Skate Park other than for proper use of a skateboard or inline skates. Use of a bicycle on the skating surface of the Volcom Brothers Skate Park is strictly prohibited and any person failing to comply with this requirement shall be guilty of an infraction and subject to citation.

(Code 1990, § 12.20.500; Ord. No. 97-12, § 1, 1997; Ord. No. 02-08, § 1(exh. A), 2002; Ord. No. 2010-12, § 1(att. A), 10-6-2010)