Mission Viejo Municipal Code Ch. 13.04 Use Regulations

Footnotes:

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Editor's note— Ord. No. 4-222, adopted March 1, 2004, amended ch. 13.04 in its entirety and enacted similar provisions as set out herein. The former ch. 13.04 derived from Ord. No. 88-12, § 1(2-5-94, 2-5-95); adopted June 27, 1988; Ord. No. 88-16, §§ 3(13.04.010)—3(13.04.040), adopted Aug. 8, 1988; Ord. No. 97-174, § 22, adopted Aug. 18, 1997; and Ord. No. 99-200, §§ 2, 3, adopted July 6, 1999.

Cross reference— Smoking, ch. 6.40; offenses against property, ch. 11.16; bicycles, ch. 12.15.

The following words shall have the meanings indicated in this chapter unless the context clearly indicates a different meaning:

Amplified sound and/or sound-emanating equipment means music, sound wave, vibration or speech projected or transmitted by electronic equipment, including amplifiers, horns, megaphones.

Council means the city council or any person authorized by the council, pursuant to law, to act in its stead.

Knife or dagger means any knife, dirk, or dagger having a blade of three inches or more in length; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle.

Organized play means six persons or more engaging in a team sport athletic contest, such as, but not limited to, soccer, lacrosse, baseball, softball, football, basketball, or volleyball. This shall not apply for infrequent use.

Park means any community park, neighborhood park, recreational or other facility, trailway, greenbelt, pathway, parcel, or contiguous parcels of land, which is owned, operated and or maintained by the city.

Playground means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on city, county, or state park grounds.

Smoke or smoking means the carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind, including, but not limited to, tobacco, or any other weed or plant.

Tot lot sandbox area means a designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area.

Vehicle means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power.

Vehicular travel means travel by a vehicle.

(Ord. No. 04-222, 3-1-04; Ord. No. 17-324, § 13, 9-12-17)

No person shall enter, be, or remain in any city park unless he complies at all times with all of the city regulations applicable to such park and with all other applicable laws, ordinances, rules and regulations.

(Ord. No. 04-222, 3-1-04)

The following rules and regulations apply in all city parks unless expressly stated otherwise elsewhere in this title:

(a) Operations of vehicles.

(1) Roads for public use. The provisions of the vehicle code are applicable in the city parks with respect to any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of such vehicle code shall be enforced and prosecuted in accordance with the provisions thereof.

(2) Surfaces other than roads for public use. No person shall drive or otherwise operate a vehicle in a park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the council, and further excepting vehicles in the service of the city, animal control vehicles, law enforcement vehicles, and motorized wheelchairs.

(b) Solicitation prohibited. No person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any park; or sell or offer for sale any food, beverage, merchandise, article, or anything whatsoever in any park. This section shall not apply to any person acting pursuant to a contract with the city or under a permit granted by the council.

(c) Prohibition of animals, fowl or reptiles in the park. No person shall cause, permit, or allow any animal, fowl, or reptile, owned or possessed by him/her or any animal in his/her care, custody, or control to be present in any park except:

(1) Equine animals being led or ridden under reasonable control upon any bridle path or trail provided for such purpose.

(2) Equine or other animals that are hitched or fastened at a place expressly designated for such purpose.

(3) Dogs or cats when led by a cord or chain not more than six feet long, or when confined within the interior of a vehicle.

(4) Dogs that have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements.

(5) Small pets that are kept on the person of the possessor at all times.

(6) In connection with activities authorized in writing by the council.

(7) Animals, fowl, or reptiles turned loose at the direction of the council.

It shall be the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat, or an equine animal in a park to promptly collect, pick up, and remove all fecal matter left behind by such animal in or upon any park; provided, however, that this subsection (3) shall not apply to guide dogs for blind or disabled persons or to equine animals on bridle paths.

(d) Amplified sound and/or sound-emanating equipment in parks.

(1) Purpose. The council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying or sound emanating equipment are protected by constitutional rights of free speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound amplifying or sound emanating equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from the public nuisance of loud and unnecessary sound.

(2) Permit required for amplified sound or sound-emanating equipment. It shall be unlawful for any person to install, use, and operate within a park a loudspeaker, horn, megaphone device, sound amplifying or sound emanating equipment for the purposes of giving instructions, directions, talks, addresses, or lectures, or of transmitting music to any persons or groups of persons in any park, or in the vicinity thereof, except when installed, used, or operated in compliance with one of the following provisions:

(a) By authorized law enforcement.

(b) Under a reservation or permit issued by the council or director, and when operated in accordance with terms of the reservation or permit.

(3) Granting or denial of permit. In determining whether to grant or deny a permit, the council or director shall be guided by the following considerations:

(a) The constitutional free speech and assembly rights of all persons, including the applicant.

(b) The possible effects upon the peaceable passage or presence of persons in the park.

(c) The potential for disorder or unlawful injury to persons or property.

(d) The potential invasion of other persons' rights of privacy.

(f) The possible unlawful breach or disturbance of the peace.

(g) Any actual conflict with other scheduled park uses or events.

The council or director shall not deny a permit on the basis of any dislike for or disagreement with the content of any proposed talks, addresses, lectures, or musical presentations. The council may, however, deny a permit for any such events which are designed for the purpose of advocating imminent lawless conduct.

(4) Power source for amplifiers. Amplifiers permitted in parks shall be operated only through a power source provided or approved by the city or with a battery.

(e) Prohibition of firearms, fireworks, BB guns, toy weapons. No person shall carry or discharge firearms, firecrackers, rockets, torpedoes, or other types of explosives; or carry or discharge any gun, pistol, slingshot or similar device, or any bows and arrows, or carry or use any other object capable of propelling a projectile; or carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the park; or bring into any park any of the above objects or articles.

(f) Prohibition of dangerous weapons. The provisions of the California Dangerous Weapons' Control Law are applicable in city parks and shall be enforced and prosecuted in accordance with the provisions thereof. No person shall carry on his person, in plain view, any knife or dagger.

(g) Exceptions to applicability. The provisions of subsection (f) above shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or for the purpose of lawful recreation.

(h) Damaging property. No person shall cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus, or property; or pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or mark or write upon, paint or deface in any manner any building, monument, fence, bench or other structure.

(i) Damaging land. No person shall cut, dig, or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer, except park maintenance personnel.

(j) Golf. No person shall play or practice the game of golf, including chipping, putting, driving or any other type of play or practice, which includes the hitting of a golf or similar type ball with a golf or similar type club.

(k) Water. No person shall swim, fish, bathe, wade, release pet animals in, or pollute the water of any fountain, pond, lake, stream or reservoir except by permission of the council.

(l) Fires and fireplaces. No person shall kindle a fire except in fireplaces provided for that purpose or in barbecues approved by the council, except by permission of the council.

(m) Waste liquids and refuse. No person shall wash dishes, or empty salt water or other waste liquids, or leave garbage, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor.

(n) Loitering at night. No person shall be or remain in any park between the hours of 11:00 p.m. and 7:00 a.m. of the following day without permission of the council. The provisions of subsection (d)(3) of this section shall govern the granting or denial of such permission.

(o) Meetings. No person shall hold any meeting, service, concert, exercise, parade or exhibition in any public park without first obtaining a permit from the council. The provisions of subsection (d)(3) of this section shall govern the issuance or denial of a permit under this section.

(p) Alcoholic beverages. No person shall consume any alcoholic beverage within any park. The prohibition in this subsection shall not apply to city-hosted or city-cohosted uses of any park if such use is approved through a permit issued by the director of recreation and community services department.

(q) Controlled substances. The provisions of the California Uniform Controlled Substances Act are applicable in city parks and shall be enforced and prosecuted in accordance with the provisions thereof.

(r) Glass containers. No person shall possess any glass container in city parks.

(s) Smoking. No person shall smoke a cigarette, cigar, or other tobacco-related product within 25 feet of any playground or tot lot sandbox area.

(t) Prohibition of skateboards; scooters: No person shall ride or operate a skateboard or scooter in any park where restrictions are posted.

(Ord. No. 04-222, 3-1-04; Ord. No. 17-324, § 14, 9-12-17)

(a) Skateboarding, roller skating, in-line skating, and similar activities are prohibited in city parks and recreational facilities unless specifically authorized in areas designated by this section. The skate facility in Beebe Park is hereby designated for skateboarding and in-line skating (the "skate facility"). The boundaries of the skate facility shall be defined by a fence and the signs required by this section.

(b) Within the skate facility, it shall be unlawful for any person to:

(1) Ride, operate, or use a skateboard or in-line skates unless that person is wearing a helmet designed for skateboard and/or in-line skating use with a chin strap, elbow pads designed for skateboard and/or in-line skating use with plastic elbow caps, and knee pads designed for skateboard and/or in-line skating use with plastic knee caps, which equipment shall be in good repair at all times during use.

(2) Ride, operate, or utilize a skateboard or in-line skates unless such equipment is in good repair at all times during use.

(3) Enter or use an amenity within the skate facility while another person is using it.

(4) Place or utilize additional obstacles or other material (including but not limited to ramps or jumps) within the skate facility.

(5) Use the skate facility amenities when the surface of the amenities is wet or other conditions exist which could adversely affect the safety of skateboarders or skaters.

(6) Enter the skate facility unless actively skateboarding or in-line skating in accordance with these regulations.

(7) Use, consume, or have within his or her custody or control, food or beverages within the skate facility.

(8) Use, consume, or have within his or her custody or control, alcohol, tobacco products, or illegal drugs within the skate facility.

(9) Enter or be upon the skate facility while under the influence of alcoholic beverages or illegal drugs.

(10) Use or possess glass containers, bottles or other breakable glass products within the skate facility.

(11) Use or engage in profanity, reckless and boisterous behavior (including, but not limited to, tandem riding, pushing, horseplay, and bullying), or any other activity which could endanger the safety of persons using the skate facility or spectators.

(12) Engage in graffiti, tagging or other defacing of city property or the property of others.

(13) Enter or be upon the skate facility at any time except during its hours of operation of 7:00 a.m. to dusk.

(14) Ride, operate, or utilize any device other than a skateboard or in-line skates (prohibited devices include, but are not limited to, bicycles or motor vehicles) on the skate facility.

(c) The skate facility shall be posted with signs at the following locations:

(1) At each entrance to the skate facility.

(2) On the fences of the skate facility, facing the interior of the skate facility. The signs shall be not less than two feet by three feet in size and shall use black letters on a white background. The signs may, but shall not be required to, summarize the regulations governing the use of the skate facility. Each sign shall contain, in letters not less that one inch in height, the following language:

WARNING

Skateboarding and in-line skating are hazardous recreational activities. Use of this facility may result in serious injuries or death. The city does not assume any responsibility for injuries or death. Each person entering the facility assumes all risk of injury or death. California Health and Safety Code §§ 115800 and 115800.1.

It is unlawful for any person to ride, operate, or utilize a skateboard or in-line skates unless that person is wearing a helmet designed for skateboard use and/or in-line skating with a chin strap, elbow pads designed for skateboard and/or in-line skating use with plastic elbow caps, and knee pads designed for skateboard and/or in-line skating use with plastic knee caps, which equipment shall be in good repair at all times during use. Any person failing to comply with this section shall be subject to citation and penalties pursuant to Mission Viejo Municipal Code sections 13.04.035 and 13.04.040.

(Ord. No. 04-222, 3-1-04)

(a) Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter shall be prosecuted as a misdemeanor or an infraction as provided in section 1.01.200 of this Code and in accordance with the requirements of chapter 1.01 of this Code.

(b) Every act prohibited by subsections (e) or (f) of section 13.04.030 of this chapter shall subject the possessor of the prohibited items to confiscation of those items.

(Ord. No. 04-222, 3-1-04)

(a) Definitions. 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:

Camp means, in light of all of the circumstances, residing in or using a public park or other public property for living accommodation purposes such as making preparations to sleep overnight, between the hours of 11:00 p.m. of one day and 7:00 a.m. of the next day, including the laying down of bedding for the purpose of sleeping or storing personal belongings, blankets, sheets, other bedding material, luggage, backpacks, kitchen utensils, cookware and similar material; erecting, maintaining or occupying any structure with natural or artificial material, including a building or tent; making any fire or using any tents; regular cooking of meals; living in a parked trailer, camper shell, motor home, or any motor vehicle as defined by the Vehicle Code; or setting up or using any camp paraphernalia.

Camp paraphernalia means but is not limited to tarpaulins, cots, beds, sleeping bags, hammocks or non-city-designated cooking facilities and similar equipment.

Store means, in light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location any personal property on public property.

(b) Findings. The public streets and other public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes, storage of personal property, and sleeping interferes with the rights of others to use the areas for which they were intended. In addition, using such areas in a manner different than what the area was designed for creates a risk of harm to all users.

(c) Unlawful camping. Unless otherwise permitted by law, it is unlawful for any person to camp or use camp paraphernalia in or on any public park, street, sidewalk or other public property.

(d) Storage of personal property in public places. Unless otherwise permitted by law, it is unlawful for any person to camp or use camp paraphernalia in or on any public park, street, sidewalk or other public property.

(e) Sleeping in motor vehicles. Unless otherwise permitted by law, it is unlawful for any person to occupy for the purpose of sleeping or living any parked trailer, camper shell, motor home, or any motor vehicle as defined by the Vehicle Code located in any public park or other public place or on any public street. For purposes of this section, the term "occupy for the purpose of sleeping or living" shall include but not be limited to acts of sleeping, living in, occupying as a dwelling or any other sojourn or stay within the vehicle not directly related to driving the vehicle.

(f) Unlawful areas to sleep. It shall be unlawful for any person to sleep in the following places:

(1) In or on any public street or sidewalk or in or on city walkways, paseos, or other public ways intended for pedestrian or vehicular use and owned or maintained by the city.

(2) On the grounds of city-owned or city-maintained buildings, facilities or other improved city property.

(Ord. No. 17-324, § 15, 9-12-17)

Editor's note— Ord. No. 17-324, § 15, adopted Sep. 12, 2017, amended § 13.04.050 in its entirety to read as herein set out. Former § 13.04.050 pertained to camper trucks and trailers hours of closure; vehicular parking and camping, and derived from Ord. No. 04-222, adopted March 1, 2004.