Mendota Municipal Code Ch. 12.20 Park and Recreation Areas

This chapter is intended to promote the full use of city parks, recreation areas, and facilities.

(Ord. 91-03 § 1, 1991: prior code § 11.02.001)

(Ord. No. 22-02, § 23, 9-27-2022)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Amplified music" means music projected and transmitted by electronic equipment, including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts.

"Amplified speech" means speech projected and transmitted by electronic equipment including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts.

"Benefit to the community" means the amount of money that will be gained by a Mendota-based nonprofit organization for use in furthering athletic, recreational, cultural, educational, or charitable activities in the city.

"Building" means a structure under the supervision of the city established as a community center or recreational and/or meeting facility, and is considered for the purposes of permits, pursuant to this chapter, as a park.

"Facility use permit" means a written authorization issued by the city for exclusive use of a park area or building as provided for in this chapter.

"Facility use policy" means the policy adopted by resolution of the city council to facilitate the processing and oversight of requests for use of city-owned facilities. The current version of the city's facility use policy shall be maintained on file with the city clerk.

"Park" or "recreation area" means city-owned grounds, parks, and public areas devoted to park or recreational purposes.

"Permittee" means a holder of a valid facility use permit.

"Persons" means individuals, associations, partnerships, corporations, and other legal entities.

(Ord. 91-03 § 2, 1991: prior code § 11.02.002)

(Ord. No. 13-03, § 2, 3-12-2013; Ord. No. 22-02, § 3, 9-27-2022; Ord. No. 24-01, § 2, 5-28-2024)

It is unlawful for any person to enter or remain in any city-owned park, recreation area, facility, or building unless they comply with all applicable regulations set forth in this chapter and the facility use policy, as may be adopted and amended by resolution of the city council. The facility use policy shall be regularly updated to ensure all city-owned facilities are regulated and maintained in a manner that allows for reasonable and responsible public use in balance with the need for ongoing maintenance and repairs.

(Ord. 91-03 § 3, 1991: prior code § 11.02.003)

(Ord. No. 22-02, § 4, 9-27-2022; Ord. No. 24-01, § 3, 5-28-2024)

A. No city-owned park area, recreation area, building, or facility may be used for any pre-advertised assembly or by groups of twenty-five (25) or more persons without a facility use permit issued under Section 12.20.120. All applications for permits must be signed by an adult who shall agree to be responsible for the requested use of the city-owned park area, recreation area, facility, or building. The execution of a permit application and acceptance of the issued permit shall constitute the applicant's consent and acceptance of all permit conditions and all restrictions and requirements set forth in this chapter and the facility use policy.

B. All events and activities at city-owned parks, recreation areas, facilities, or buildings shall be conducted in strict compliance with the requirements and restrictions contained in this chapter, in the facility use policy, and all permit conditions, which shall include the statements and information set forth in the permit application and all provisions set forth in the promoter's agreement. Any such event or activity conducted in violation of any permit condition, any of the provisions of this chapter, any of the provisions of the facility use policy, or the provisions of the promoter's agreement, as applicable, may be summarily terminated by the city and the permit shall be deemed revoked.

(Ord. 95-04 § 3, 1995; Ord. 91-01 § 5, 1991: prior code § 11.02.005)

(Ord. No. 22-02, § 5, 9-27-2022; Ord. No. 24-01, § 4, 5-28-2024)

A. Written applications for facility use permits for the exclusive use of any city-owned park, recreation area, facility, or building shall be filed with the city for processing pursuant to the applicable terms and requirements of the facility use policy.

B. Subject to the terms and requirements of the facility use policy, the city council, city manager, or other reviewing body, as applicable, shall consider the financial and other benefits to the people of Mendota that are likely to result from each of the proposed facility use permits, and, in the event of a conflict, shall issue permits to those events which will provide the greatest benefit to the community.

C. Subject to the terms and requirements of the facility use policy, all facility use permit applications shall be filed with the city no later than 15 business days prior to date of the requested use.

(Ord. 96-02 § 1(part), 1996: Ord. 93-03 § 2, 1993:Ord. 91-03 § 6, 1991: prior code § 11.02.006)

(Ord. No. 13-03, § 2, 3-12-2013; Ord. No. 22-02, § 6, 9-27-2022; Ord. No. 24-01, § 5, 5-28-2024)

Subject to the terms and requirements of the facility use policy, all applications for a facility use permit shall contain the following information at a minimum:

A. The name of the permit applicant, the sponsoring organization (if any), and the person(s) in charge of the proposed event or activity;

B. The addresses and telephone numbers of those persons and/or entities named pursuant to subsection (A) of this section;

C. The date(s) and time(s) of the proposed event or activity;

D. The number of persons expected to attend the proposed event or activity;

E. A full description of all proposed activities, including, but not limited to, equipment and vehicles to be brought into the city-owned park, recreation area, facility, or building, the nature and duration of the use of such equipment, and the nature and duration of the use of any amplified sound equipment;

F. Whether alcoholic beverages will be sold or served during the proposed event or activity;

G. Whether the proposed event or activity will be promoted by any person for a fee or a share of the proceeds of the event or activity;

H. The names, addresses, and telephone numbers of the event or activity sponsor(s) and promoter(s);

I. The specific city-owned park area, recreation area, facility, or building requested for exclusive use;

J. If the event or activity is a fundraiser, the purpose(s) of the fundraising activities shall be described in full;

K. The charge to be imposed for admission to the activity or event in the city-owned park, recreation area, facility, or building (not including amusement park rides), including, but not limited to, a full description of how the proceeds from such admission charge will be distributed among the applicant, promoter(s), and any other person(s);

L. A statement explaining the benefits likely to be derived by the community as a result of the proposed activity or event; and

M. Such other information as may be requested by the city.

(Amended during 1995 codification; Ord. 93-03 § 3, 1993: Ord. 91-03 § 7, 1991: prior code § 11.02.007)

(Ord. No. 13-03, § 2, 3-12-2013; Ord. No. 22-02, § 7, 9-27-2022; Ord. No. 24-01, § 6, 5-28-2024)

A. Administrative Review. The city shall review and process facility use applications in the order in which they are received and in accordance with the provisions contained in this chapter and the facility use policy. The city may contact applicants using the contact information contained in their application in the event required information is absent.

B. Action on Facility Use Application. The city shall issue a written determination notifying applicants whether their application was approved or denied via U.S. Mail or E-Mail within fifteen (15) business days of the city's acceptance of a complete facility use permit application.

1. Application Approved. If a facility use permit application is approved, the applicant shall be provided a copy of the facility use permit listing any conditions of approval. Once the facility use permit is issued by the city, the applicant shall be considered a permittee. Permittees must satisfy all conditions of approval listed in their facility use permit, this chapter, and the facility use policy.

2. Application Denied. If a facility use permit application is denied, the applicant shall be provided a letter stating the reason(s) for the denial.

(Ord. 93-03 § 4, 1993: prior code § 11.02.008)

(Ord. No. 22-02, § 8, 9-27-2022; Ord. No. 24-01, § 7, 5-28-2024)

Subject to the other requirements of this chapter and the facility use policy, grounds for denial of facility use applications include, but are not limited to:

A. That the proposed event or activity is of a size or nature that will entail unusual expense to the city or will require special police operations;

B. That the applicant has failed to agree to provide a reasonable means of informing all the persons participating in the proposed event or activity of the terms and conditions of such facility use permit;

C. That the proposed activity or use will unreasonably interfere with or detract from the promotion of public health, welfare, safety, or recreational activities in the city;

D. That the applicant refused to agree in writing to comply with all lawful conditions of the facility use permit;

E. That the applicant failed to file a timely application in accordance with the provisions contained in this chapter and the facility use policy; or

F. That the applicant failed to adequately specify and inform the city of all the information required for processing of their facility use permit application.

(Prior code § 11.02.009)

(Ord. No. 13-03, § 2, 3-12-2013; Ord. No. 22-02, § 9, 9-27-2022; Ord. No. 24-01, § 8, 5-28-2024)

Every applicant for a facility use permit shall pay all applicable fees and deposits contained in the facility use policy. Any refunds of fees or deposits shall be processed in accordance with the facility use policy.

(Ord. 96-02 § 1 (part), 1996: Ord. 91-01 § 8, 1991: prior code § 11.02.010)

(Ord. No. 13-03, § 2, 3-12-2013; Ord. No. 22-02, § 10, 9-27-2022; Ord. No. 24-01, § 9, 5-28-2024)

Any violation of the restrictions in this chapter, the facility use policy, conditions of an exclusive facility use permit, provisions of a promoter's agreement, or established facility rule, shall be an infraction. Where a facility use permit is violated, the following penalties also apply:

A. Minor Violations. Minor violations include any violations of the facility use policy. Penalties for minor violations include:

1. First Offense. Written warning to the group or individual and restitution for damages and costs to the city, if applicable.

2. Second Offense. One-day (or one event day) suspension of any existing facility use permit(s) and restitution for damages and costs to the city, if applicable.

3. Third Offense. Three-day (or three event days) suspension of any existing facility use permit(s) and restitution for damages and costs to the city, if applicable.

4. Subsequent Offenses. One-week (or five event days) suspension of any existing facility use permit(s) and restitution for damages and costs to the city, if applicable.

B. Major Violations. Major violations include any use or the presence of unauthorized alcohol, drugs, and/or fighting at any event. Penalties for major violations include:

1. First Offense. One-month suspension of any existing facility use permit(s) and restitution for damages and costs to the city, if applicable.

2. Second Offense. Three-month suspension of any existing facility use permit(s) and restitution for damages and costs to the city, if applicable.

3. Third Offense. Termination of any existing facility use permit(s), loss of future facility use privileges, and restitution for damages and costs to the city, if applicable.

(Prior code § 11.02.014)

(Ord. No. 13-03, § 2, 3-12-2013; Ord. No. 22-02, § 11, 9-27-2022; Ord. No. 24-01, § 10, 5-28-2024)

A. All permittees shall be responsible for all costs and damages to city-owned facilities, equipment, and property. If additional maintenance is required (in excess of regular city maintenance services) after a permittee's event or activity, the permittee shall be responsible to pay restitution to the city for all damages and costs incurred. The city shall not be responsible or otherwise liable for accidents, injuries, losses, or damages to property, individuals, or groups using city-owned fields and facilities. Permittees shall be held responsible and liable for all actions, accidents, injuries, losses, or damages to property, individuals, or groups caused by the event or activity or any of the participants, guests, or attendees of said event or activity. All permittees shall provide the city with an original certificate of insurance providing proof of the following:

1. Public liability and property damage insurance coverage with a combined single limit of not less than one million dollars ($1,000,000.00), with a deductible of no more than ($500.00);

2. The permittee must be a named insured on the policy;

3. The City of Mendota (643 Quince Street, Mendota, CA 93640) must be named as additionally insured on the policy; and

4. The policy's insurance coverage shall be maintained throughout the duration of the facility use permit.

B. Permittees shall submit all required certificates of insurance and endorsements to Mendota City Hall, Attn: City Clerk, located at 643 Quince Street, Mendota, CA 93640, at least five calendar days prior to the activity or event.

C. By submitting a facility use application and using the city's facilities, the permittee and each attendee or participant agrees to hold the City of Mendota harmless and free from any and all liabilities of any kind resulting from the use of city-owned facilities (including reimbursement of all legal costs and fees incurred in defense of such claims).

(Prior code § 11.02.011)

(Ord. No. 13-03, § 2, 3-12-2013; Ord. No. 22-02, § 12, 9-27-2022; Ord. No. 24-01, § 11, 5-28-2024)

The city's parks, recreation areas, buildings, or facilities may be made available for the exclusive use of persons and groups subject to the issuance of a facility use permit as provided in this chapter and the facility use policy:

A. Permits for the exclusive use of any city-owned park, recreation area, building, or facility for which an admission fee will be charged shall be subject to review by the city council, and special fees may be assessed.

B. Events sponsored by the city shall not be subject to the provisions of this section.

C. Facility use permit applicants must meet all conditions listed in this chapter, the facility use policy, and the conditions of approval listed in an issued facility use permit.

D. The city reserves the right to enforce additional facility use permit requirements as outlined in the facility use policy, as amended by resolution of the city council from time to time.

(Ord. 98-01, 1998; Ord. 95-04 § 2, 1995; amended during 1995 codification; Ord. 93-06 § 1, 1993: Ord. 93-03 § 1, 1993:Ord. 91-03 § 4, 1991: prior code § 11.02.004)

(Ord. No. 13-03, § 2, 3-12-2013; Ord. No. 22-02, § 13, 9-27-2022; Ord. No. 24-01, § 12, 5-28-2024)

Editor's note— Ord. No. 13-03, § 2, adopted March 12, 2013, repealed § 12.20.125, which pertained to ticket surcharge and surcharge monitoring provisions and derived from Ord. 95-04 § 1, 1995.

All public parks, facilities, buildings, and recreation facilities shall be closed to the public between the hours of 11:00 p.m. and 7:00 a.m. unless their use during such time is authorized by a facility use permit.

(Prior code § 11.02.028)

(Ord. No. 22-02, § 14, 9-27-2022; Ord. No. 24-01, § 13, 5-28-2024)

No person within any city park, recreation area, facility, or building shall use, attempt to use, or interfere with the use of any table, space, or facility within said park, recreation area, facility, or building, during the time reserved for any other person or group pursuant to an exclusive use permit from the city.

(Prior code § 11.02.021)

(Ord. No. 13-03, § 2, 3-12-2013; Ord. No. 22-02, § 15, 9-27-2022)

No person shall discharge or shoot any firearm, air gun, slingshot, or bow and arrow in any city park, recreation area, facility, or building, except at places designated and posted specifically for such purpose.

(Prior code § 11.02.022)

(Ord. No. 22-02, § 16, 9-27-2022)

No person shall operate or park any vehicle as defined in the California Vehicle Code within a city park, recreation area, facility, or building, except upon areas designated for such use.

(Prior code § 11.02.018)

(Ord. No. 22-02, § 17, 9-27-2022)

No person shall solicit, in any manner or for any purpose, sell, or offer for sale any goods, wares, or merchandise in any city park, recreation area, facility, or building except as expressly authorized by permit.

(Prior code § 11.02.026)

(Ord. No. 22-02, § 18, 9-27-2022)

No person other than a duly authorized city employee or contractor in the performance of their duty shall:

A. Cut, break, injure, deface, or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property at a city park, recreation area, facility, or building;

B. Mark or place thereon any mark, writing, or printing; or

C. Attach thereto any sign, card, display, or other similar device, except as authorized by permit.

(Prior code § 11.02.024)

(Ord. No. 22-02, § 19, 9-27-2022)

No person shall light or maintain any fire in any city park, recreation area, building, or facility, unless such fire is lit and maintained only in a stove, fire circle, or specific place provided for such purpose by the city.

(Prior code § 11.02.025)

(Ord. No. 22-02, § 20, 9-27-2022)

No person within any city park, recreation area, building, or facility shall leave any garbage, trash, cans, bottles, papers, or other refuse elsewhere than in the receptacles provided for such purpose by the city.

(Prior code § 11.02.020)

(Ord. No. 22-02, § 21, 9-27-2022)

No person shall use or possess any glass beverage container within any city-owned park, recreation area, building, or facility.

(Prior code § 11.02.030)

(Ord. No. 22-02, § 22, 9-27-2022)

No person other than a duly authorized city employee or contractor in the performance of their duty or persons participating in city-sponsored activities shall dig, remove, destroy, injure, mutilate, cut, or attach any wire, rope, or contrivance to any tree, plant, shrub, bloom, or flower, or any portion thereof, growing in a city park, recreation area, building, or facility and no person other than a duly authorized city employee or contractor in the performance of their duty shall remove any wood, turf, grass, soil, rock, sand, or gravel from any city park, recreation area, building, or facility.

(Prior code § 11.02.023)

(Ord. No. 22-02, § 2, 9-27-2022)

The use of any system for amplifying sounds, whether for speech, music, or otherwise, is prohibited in any city-owned park, recreation area, building, or facility unless pursuant to a facility use permit that authorizes the use of such amplification system.

(Prior code § 11.02.015)

(Ord. No. 22-02, § 24, 9-27-2022; Ord. No. 24-01, § 14, 5-28-2024)

No person shall play or practice golf or use golf clubs in any city park, recreation area, facility, building, or area thereof, except at places designated and posted specifically for such use.

(Prior code § 11.02.016)

(Ord. No. 22-02, § 25, 9-27-2022)

No person shall operate any motor-driven model airplane in a city park, recreation area, facility, or building, except in areas designated and posted specifically for such use.

(Prior code § 11.02.017)

(Ord. No. 22-02, § 26, 9-27-2022)

No person shall operate, drive, or ride upon any bicycle, unicycle, horse, or any other animal in any city park, facility, building, or recreational area, except in areas designated and posted specifically for such use.

(Prior code § 11.02.019)

(Ord. No. 22-02, § 27, 9-27-2022)

The city council is authorized and directed to make such reasonable rules and regulations for the use of the city's facilities and regulations of conduct therein as may seem necessary or advisable in the best interest of the city.

(Prior code § 11.02.027)

(Ord. No. 22-02, § 28, 9-27-2022)