Martinez Municipal Code Ch. 8.24 Park and Recreation Area Regulations

In the interest of the public health, safety and welfare of the many residents and nonresidents who utilize the various City park facilities, it is necessary to regulate the specific use(s) within the municipal park system. The purpose of this Chapter is to control animals, vehicular traffic, equestrian traffic, dumping garbage and the requiring of permits for use of specific areas within the parks by groups.

(Ord. 838 C.S. § II, 1976)

The following words and phrases shall apply in this Chapter:

A.

"Director"

means the Recreation Director of the City.

B.

"Legal authority"

means the City Council, the Recreation and Park Commission, or any person or persons authorized by the City Council to enforce the rules and regulations promulgated under this Chapter.

C.

"Park and recreation area"

means any public area in the City devoted or dedicated to park and recreational purposes.

D.

"Skate board"

means a board-like object which the user rides or stands upon, which has 2 axles attached to the bottom of the board-like object with 2 wheels attached to each axle.

E.

"In-line skates"

means footwear containing 4 or more axles mounted in a straight line extending generally from or behind the heels of the footwear to or in front of the toe of the footwear with a single wheel attached to each axle.

F.

"Skate park facility"

means the area located in the Martinez Marina Park Facility adjacent to North Court Street which is surfaced with concrete and which contains dips, bowls and jumps designed for use by skateboarders and in-line skaters.

G.

"Designated dog park facility"

means a park and recreation area facility set aside (temporarily or otherwise) for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners/handlers.

(Ord. 838 C.S. § II, 1976; Ord. 1052 C.S. § V, 1985; Ord. 1300 C.S. § 1, 2003; Ord. No. 1405 C.S., § 1, 6/7/2017)

The rules and regulations contained in this Chapter shall apply to and be in full force and effect at all park and recreation areas which now are or which may hereafter be under the jurisdiction and control of the City, and shall govern the use of all such park and recreation areas, and it is unlawful to violate the rules and regulations set forth in this Chapter.

(Ord. 838 C.S. § II, 1976)

No group of more than 30 persons shall use a recreational facility without first obtaining a written permit from the Director, and then only under the terms and conditions set forth in Sections 8.24.180 of this Chapter. Fees shall be established by resolution when deemed necessary.

(Ord. 838 C.S. § II, 1976)

The owner/handler of all dogs and other domestic animals shall maintain such animals under such owner/handler's complete control at all times. Said animals shall be controlled by use of a leash, excepting those dogs within a designated dog park facility. Domestic animals shall not be permitted in picnic or play areas, or any other areas so designated, with the exception of a designated dog park facility.

(Ord. 838 C.S. § II, 1976; Ord. No. 1405 C.S., § 2, 6/7/2017)

Horses and other livestock shall be permitted only on those trails and in those areas specifically designated for equestrian use.

(Ord. 838 C.S. § II, 1976)

It is unlawful and a violation of this Chapter for any motorized vehicle of any kind to use any area of the park(s) other than those areas clearly established for public vehicular use.

(Ord. 838 C.S. § II, 1976)

A. It is unlawful for any person to park a vehicle in other than an established or designated parking area, and such use shall be in accordance with any posted directions or with the instructions of any attendant who may be present.

B. No person shall cause any private vehicle to enter or remain on any recreational facility between those hours posted and/or without written permission of the Director.

(Ord. 838 C.S. § II, 1976)

Boating shall be permitted only in those areas specifically designated for that purpose.

(Ord. 838 C.S. § II, 1976)

No person shall dump, deposit or leave any bottles, broken glass, ashes, paper boxes, cans, dirt, rubbish, waste, garbage or refuse or any trash anywhere on the park grounds, but it shall be placed in proper receptacles provided for such purposes. No such items, refuse or trash shall be placed in any waters contiguous to any park or recreation area. Where receptacles are not provided, all such items, refuse or trash shall be carried away from the park or recreation area by the person or persons responsible for its presence.

(Ord. 838 C.S. § II, 1976)

No person shall conduct or maintain any show, performance, concert, place of amusement or exhibition, or make any public speech or address any group or gathering of persons within any recreation facility without written permission of the Director.

(Ord. 838 C.S. § II, 1976)

It is unlawful for any person to pick, dig, remove, injure or destroy any tree, flower, seed, plant, shrub, rock, wood, soil, or leaf mold without authorization of the Parks Division, or deface, mar, move or remove any sign or public property in any recreation facility.

(Ord. 838 C.S. § II, 1976; Ord. 1052 C.S. § VI, 1985)

No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles or objects at any animal, reptile or bird; or remove or have in possession the young of any animal or the eggs or nest or young of any reptile or bird.

(Ord. 838 C.S. § II, 1976)

No person shall light or maintain any fire in any recreation facility unless such fire is lighted and maintained in a place specifically provided for that purpose. Fuel shall be of such types and kindled in such a manner as to prevent the danger of fire in the surrounding vegetation.

(Ord. 838 C.S. § II, 1976)

Swimming, bathing or wading is permitted only in those areas and at such times specifically designated and posted for such purposes.

(Ord. 838 C.S. § II, 1976)

No person shall willfully interfere with any person or persons lawfully using the park and recreation areas pursuant to these rules and regulations, nor shall any person interfere with any park maintenance or recreation activities being carried on by any employee or agent of the City by refusing to move from any park and recreation area when requested to do so.

(Ord. 838 C.S. § II, 1976)

The use of electronic sound amplification equipment, portable speakers, and other accessories which have for their purpose the amplification of any sound, including but not limited to the amplification of sound produced by the playing of musical instruments, voices, calls and other sound producing devices, whether mechanical or electronic, is prohibited within the boundaries of any City park, playground or recreational area without the issuance of a permit for the specific use of any amplification equipment by the director.

(Ord. 838 C.S. § II, 1976)

No person shall sell or offer to sell any goods, wares, merchandise, article or thing whatsoever, or to station or place any stand, cart or vehicle for the transportation, sale or display of any such goods, wares, merchandise, article or thing on any park or recreation areas, without first having obtained permission to do so from the director and securing the necessary City and/or state permits.

(Ord. 838 C.S. § II, 1976)

No person shall camp or lodge within any park or recreation facility except by written permission of the director. Further, no mass picnics or meetings shall be held except as provided in Section 8.24.180 of this Chapter.

(Ord. 838 C.S. § II, 1976)

A. All City parks, open spaces and public parking lots serving City parks or open space areas, and cemeteries shall be closed for public use from 1 hour after sunset to sunrise. It is unlawful for any person to enter, loiter or remain in any City park, open space area, public parking lot adjacent to such areas, or cemetery during hours of closure except as permitted and pursuant to restrictions of a permit issued by the Park and Recreation Commission or as stated in subsection B of this Section.

B. Subsection A does not apply to:

1. Persons engaged in playing tennis, basketball, playgrounds, tot lots, baseball on courts or fields specifically designed for nighttime use prior to 10:30 p.m. or until the completion of a bona fide game in progress.

2. Lighted picnic areas until 10:30 p.m. when bona fide picnicking is in progress.

3. Public parking lots while the driver or passenger is engaged in the activities authorized in this subsection.

C. The City Engineer may close any park, open space or cemetery to the public prior to the time specified herein, when after consultation with the City Manager and Chief of Police, it is determined that such closure will protect the public health, safety and/or welfare or is necessary to protect park facilities or cemetery from misuse or destruction. The City Engineer shall cause notice of amended park hours or cemetery hours to be posted in conspicuous locations in the affected park, open space or cemetery at least 24 hours prior to the effective date of such change.

(Ord. 878 C.S. § 1, 1978; Ord. 935 C.S. § I, 1981; Ord. 1052 C.S. § VII, 1985; Ord. 1314 C.S. § 1, 2004)

These rules and regulations shall not apply to any City employee, agent or representative in the duly authorized performance of their duties under this Chapter.

(Ord. 838 C.S. § II, 1976)

Any signs required to be posted by the City pursuant to this Chapter shall be placed at or near the entrance to the park and/or area requiring any posting.

(Ord. 838 C.S. § II, 1976)

No persons or organizations of any type shall hold, conduct or address any assemblage, meeting or gathering in any public park or recreation area nor hold a picnic when the number of participants exceeds 30 persons, or shall any person or organization conduct any overnight camping activities without a written permit granted by the legal authority of the City, as provided in this Section as follows:

A. Application. A person seeking issuance of a permit hereunder shall file an application with the legal authority on a form provided for that purpose.

B. Standards of issuance. The legal authority shall issue a permit under this Section when it finds:

1. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general enjoyment of the park by the public;

2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

3. That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;

4. That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the City;

5. That the facilities desired have not been reserved for other use at the day and hour required in the application.

C. Appeal. Within 7 days after receipt of an application which is denied, the legal authority shall apprise an applicant in writing of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within 5 days thereafter to the City Council, which shall consider the application under the standards set forth in subsection B of this Section and sustain or overrule the legal authority's decision within 14 days. The decision of the City Council shall be final.

D. Effect of permit. The permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits.

E. Liability of permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.

F. Certificate of insurance. If, in the opinion of the legal authority, the event or program would constitute a hazard to public safety, then the applicant for a permit shall provide the City with certificates of insurance evidencing bodily injury liability in the amount of $250,000.00 for each person and $500,000.00 for each occurrence. Such certificates of insurance shall be filed with the City Clerk prior to the granting of said permit.

G. Revocation. The legal authority shall have the authority to revoke a permit upon a finding of a violation of any rule, regulation or ordinance, or upon good cause shown.

H. Copy of permit. Permittee shall have a copy of the permit in his possession and shall produce same upon request made by any duly authorized City employee, representative or agent.

(Ord. 838 C.S. § II, 1976)

The City Council, by resolution, may establish such supplemental rules and regulations as may from time to time be required or necessary for the proper administration and regulation of conduct in the City's parks and recreation areas.

(Ord. 838 C.S. § II, 1976)

A. All users of the skate park facility are required to wear a helmet, elbow pads and kneepads at all times while present in the skate park facility.

B. The skate park facility is for use by persons using skateboards and in-line skates only. All other uses and equipment are prohibited in the skate park facility.

C. Smoking is prohibited in the skate park facility.

D. All persons using the skate park facility shall do so at their own risk.

E. No person shall be present in the skate park facility between dusk and 8:00 a.m.

F. No person between the ages of 5 and 18 shall be present in the skate park facility between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday while the Martinez Municipal School District and/or the Mount Diablo Unified School District is in regular session.

G. Any violation of this Section shall be an infraction as set forth in Section 1.12.030(A)(2) of the Martinez Municipal Code. In addition to the penalties set forth in Section 1.12.030, for a third of subsequent offence within any 12-month period, the offender's right to use the skate park facility shall be suspended for a period of 6 consecutive months.

(Ord. 1300 C.S. § 2, 2003)

A. Hours of operation. Notwithstanding Section 8.24.150, hours of operation of designated dog park facilities shall be 7 days a week, from dawn to dusk, except as set forth herein. Designated dog park facilities shall be closed each Monday from 8:00 a.m. to noon, and on days/times designated by the City Manager in the exercise of his/her discretion, including, but not limited to, periods of extreme/inclement weather conditions or as otherwise posted. Owners/handlers shall remove dogs from the designated dog park facility during hours that such facility is closed.

B. Designated users. Use of a designated dog park facility is limited to dog owners/handlers and their guests.

C. Separate areas. Designated dog park facilities containing 2 areas shall include 1 designated for small dogs and 1 designated for larger dogs. Small dog areas are for dogs under 30 pounds only; large dog areas are for dogs 30 pounds and up. Dogs weighing under 30 pounds are allowed in large dog areas at the discretion of the owners/handlers. Dogs weighing 30 pounds and up are not allowed in small dog areas for any reason. Owners/handlers shall observe these weight restriction requirements.

D. Limit on number of dogs. Each owner/handler is limited to no more than 3 dogs.

E. Age of dogs-vaccinations required. Dogs under the age of 6 months are not permitted to be present in the designated dog park facility. Owners/handlers shall not permit a dog under the age of 6 months or a dog in heat to be present in the designated dog park facility. Owner/handler shall ensure that all dogs are up-to-date on all vaccinations and free of contagious conditions, with current licensing/registration tags displayed on their collar.

F. Owners/handlers are legally responsible for the behavior of their dog(s) at all times. Aggressive dogs must be immediately removed by the owner/handler.

G. Owners/handlers must be within the designated dog park facility and supervising their dog(s) with leash readily available. Owner/handler shall not leave a dog unattended in the facility at any time. Owner/handler shall place dogs on a leash while entering and exiting the designated dog park facility.

H. Dog owners/handlers must immediately clean up after their dog(s) and dispose of waste in the provided trash receptacles.

I. Dog owners/handlers must be at least 16 years of age.

J. Children under 13 must be accompanied by an adult and supervised at all times.

K. No alcohol is allowed in designated dog park facilities, except as authorized by a valid event permit issued by the City.

Any violation of this section shall be an infraction as set forth in Section 1.12.030(A)(2) of the Martinez Municipal Code. In addition to the penalties set forth in Section 1.12.030, for a third of subsequent offence within any 12-month period, the offender's right to use the designated dog park facility shall be suspended for a period of 6 consecutive months.

(Ord. No. 1405 C.S., § 3, 6/7/2017)