Modesto Municipal Code Art. 2 Use of Park and Recreation Areas and Facilities

(Ord. 11-C.S., Ord. 541-C.S., Ord. 863-C.S., Ord. 1937-C.S., Ord. 1990-C.S., Ord. 2433-C.S., Ord. 2608-C.S., Ord. 2848-C.S., Ord. 2941-C.S., Ord. 2954-C.S., Ord. 2991-C.S., Ord. 3052-C.S., repealed by Ord. 3072-C.S., added by Ord. 3177-C.S., § 1, effective 7-6-00)

Unless otherwise expressly stated, whenever used in this article, the following words shall be defined as follows:

(a) "Alcoholic beverages" shall mean any liquid containing more than one-half (1/2) of one (1) percent of alcohol by volume.

(b) "City" shall mean the City of Modesto.

(c) "City Council" shall mean the legislative body of the City of Modesto.

(d) "Department" shall mean the Parks, Recreation and Neighborhoods Department of the City of Modesto.

(e) "Director" shall mean the Director of the Parks, Recreation and Neighborhoods Department of the City of Modesto and/or his or her designee.

(f) "Miscellaneous parks" shall mean Ashby, Brookway, Elk, Kewin, Lateral #2, Lucas Plaza, Mancini, McClatchy Square, Moose, Moran Estates, Pierre, Seventeenth and G, and Thousand Oaks.

(g) "Neighborhood parks" shall mean Aqueduct, Ashby, Bellenita, Brewer's Rose, Brookway, Catherine Everett, Charles M. Sharp, Chrysler, Chrysler 99, City Gate, Coleman Brown, Creekwood, Eisenhut, Elk, Fairway, Garrison, JM Pike, James Marshall, John Muir, Kewin, Lakewood, Lateral #2, Mark Twain, McClatchy Square, McKinney Colony, Mildred Perkins, Moran Estates, Muncy, Orchard, Orville Wright, Pierre, Revard, Riverside, Robertson Road, Roosevelt, Rose Avenue, Roselle, Seventeenth and G, Sherwood, Sipherd, Sonoma, Standiford, Stockard-Coffee, Sutter, Sylvan, TB Scott, Wesson Ranch, West Side, Whitmore, and Woodrow.

(h) "Park" shall mean any areas set aside for recreational uses, areas conserved for their scenic interest, playgrounds, beaches, recreation centers, golf courses, model plane fields, and any other areas owned or operated by the City of Modesto and which are intended for active or passive recreational purposes. The word "park" shall also include any parking lot adjacent to any park, any buildings, equipment, plants or other facilities located in any park and any landscaped public area and/or right-of-way.

(Added by Ord. 3177-C.S., § 1, amended by Ord. 3310-C.S., § 1, effective 8-21-03)

(a) Except as otherwise authorized by law, it shall be unlawful and an infraction for any person, firm or corporation to do or cause or permit to be done any of the acts hereinafter specified within any park owned or operated by the City of Modesto.

(1) To enter or trespass in any area, building or facility which is fenced and locked or enclosed and locked or is posted with a "No Trespassing" sign.

(2) To ride or bring any horse or other similar animal or to propel a vehicle in or upon any area of a park, except those areas specifically provided and designated for such purposes, unless prior written permission is obtained from the Director.

(3) To ride a bicycle unless on trails or pathways designated for bicycle use.

(4) To drive or operate any motor vehicle in any park in excess of fifteen (15) miles per hour.

(5) To park any automobile or other vehicle in any park at any place other than designated parking areas. Places where parking is permitted shall be designated by appropriate signs.

(6) To drive or operate any automobile, or other vehicle including gasoline or electric powered go-carts, motorcycles, motorized bicycles, or any motorized scooter or similar device used for recreation as defined in California Vehicle Code Section 407.5(a), any model airplanes, boats or midget cars in any park except in designated areas or unless prior written permission is obtained from the Director. This section does not restrict the use of motorized devices, electric or assistive technology devices to aid persons with disabilities and/or mobility needs as defined under the Americans with Disabilities Act.

(7) To clean, wash, polish or make other than emergency repairs upon any automobile, motorcycle or self-driven vehicle in any park.

(8) To carry, bring into or ignite, fire or otherwise set off any firearms, air guns, slingshots, firecrackers or fireworks in any park except those fireworks which are part of organized and permitted special events for which prior written permission to use fireworks has been obtained from the Director.

(9) To make a fire in any park other than in stoves, pits or braziers provided by the City unless prior written permission is obtained from the Director and a permit is obtained from the Air Pollution Control District for burning in open pits.

(10) To bring into any park any material which will, if spilled or spread, be injurious to the turf or plant growth.

(11) To cut or remove any wood, turf, rock, tree, flower, shrub, sand or gravel from any park unless prior written permission is obtained from the Director.

(12) To throw or dispose of in any park any bottles, tin cans, broken glass, paper, clothes, cast iron, rubbish, soil, tree trimmings, garbage, ashes or other debris of any kind except in approved containers provided by the City.

(13) To remove, damage or destroy any athletic equipment provided by the City, normal wear and tear excepted.

(14) To move or remove from one (1) location to another any part or parts of field equipment.

(15) To move or remove from one (1) location to another any equipment used for park maintenance.

(16) To open or close any valve pertaining to the water mains or sprinkler system or to expose or interfere with any gas pipe, hydrant, stopcock, sewer, catch basin, backflow preventer, or other similar device in any park.

(17) To cut, break or deface in any way buildings, equipment, grounds or other facilities of any park.

(18) To wound, kill or catch any bird or other wild animal in any park.

(19) To indulge in indecent or riotous conduct or language or to otherwise make noises in such a manner as to disturb any picnic, meeting, concert or exhibition in any park.

(20) To operate a public address system without prior written permission of the Director. This prohibition shall not include the use of small portable radios used to receive regularly broadcasted programs, as long as such radios are operated at such a volume as not to disturb other persons present in the park.

(21) To disturb or interfere with any employee of the City of Modesto acting within the scope of his/her employment, or to disturb or interfere with any spectator or participant in any event or activity conducted in any park, or to enter any park for the purpose of committing any such disturbance or interference.

(22) To camp or lodge in or upon any park unless prior written permission is obtained from the Director.

(23) To sell refreshments, foodstuffs or novelties in any park or on any street immediately adjacent thereto without the prior written permission of the Director or the City Council.

(24) To practice, carry on, conduct or solicit for any trade, occupation, business or profession in any park without the prior written permission of the City Council.

(25) To play or engage in any game or contest in any park except in such places as are specially provided or designated for that purpose.

(26) To play upon any tennis courts wearing shoes other than those having vulcanized soles and heels, commonly known as tennis shoes.

(27) To refuse to open any tennis court being used for singles play to doubles play at the end of the set being played when other persons are waiting, unless prior written permission is obtained from the Director.

(28) To refuse to relinquish any tennis court being used for doubles play at the end of the set being played when other persons are waiting unless prior written permission is obtained from the Director.

(29) To use any tennis courts for tennis tournaments, team practices or other special events of any kind without the prior written permission of the Director or the City Council.

(30) To play or engage in the hitting of golf balls in any park, except on driving ranges and golf courses.

(31) To ride bicycles through any children's playground area.

(32) To use tobacco products of any kind, including, but not limited to, chewing tobacco, cigars and cigarettes, and/or smoking or to discard lighted or unlighted cigars or cigarettes in any public park. For purposes of this section, "smoke" shall have the same meaning as Section 5-8.103(n) and smoking shall have the same meaning as Section 5-8.103(o) of the Modesto Municipal Code.

(33) To wade or swim in any pool in any park except when supervised.

(34) To use any park facility for which a charge is now or hereafter made without first having paid the fee requested and having received the required permit.

(35) To enter any park facility for which a charge is made without first paying the full legal charge made for such entrance unless such entrance is by the consent or permission of the person or persons in charge.

(36) To use any park facility or equipment which has been reserved or which is indicated by an authorized or official sign to have been reserved without first having received the written permission of the Director.

(37) To remove any authorized or official sign indicating that any park facility or equipment is reserved.

(38) For any male person to resort to any toilet set apart for women, and for any female person to resort to any toilet set apart for men, provided that this prohibition shall not apply to children accompanied by their father, mother or guardian.

(39) It shall be unlawful to climb onto any building or structure in a park not designated for such activity.

(40) To possess any container made of glass in any park or to bring, carry or transport any container made of glass into any park except that the sponsor of an organized event may obtain permission from the Department to possess glass containers.

(41) It shall be unlawful for any person without authority to tear down, deface or destroy any sign posted pursuant to the above subsections.

(42) It shall be unlawful for any person to consume alcoholic beverages within fifteen (15) feet of an abutting edge of any public parking lot that directly abuts a City park, unless approved in advance in writing by the Director.

(b) Except as otherwise authorized by law, it shall be unlawful and a misdemeanor for any person, firm or corporation to do or cause or permit to be done any of the acts hereinafter specified within any park owned or operated by the City of Modesto.

(1) It shall be unlawful for any person to consume alcoholic beverages without a permit in any City-owned or operated park which has been conspicuously posted with signs alerting the public to this prohibition.

(2) The Director is authorized to set hours of operation for all parks, trails, green spaces, and recreation facilities. No person shall remain in any park, trail, green space, or recreational facility outside the posted hours of operation.

(3) The prohibitions contained in subsection (b)(2) of this section will not apply to:

(i) Special use facilities, as may be posted by the Department extending use hours;

(ii) Any person attending a meeting, entertainment event, recreation activity, dance or similar activity in such park, provided such activity is sponsored or co-sponsored by the Department or permit therefor, has been issued by the Department;

(iii) Any person exiting such park immediately after the conclusion of any activity set forth in subsection (b)(3)(ii) of this section;

(iv) Any peace officer or employee of the City while engaged in the performance of his/her duties.

(c) The City of Modesto hereby designates all of its public parks as drug-free zones pursuant to and within the meaning of Health and Safety Code Section 11380.5.

(Added by Ord. 3177-C.S., § 1, amended by Ord. 3310-C.S., § 1, Ord. 3338-C.S., § 1, and Ord. 3472-C.S., § 1, effective 2-21-08)

(Ord. No. 3667-C.S., § 1, effective 4-7-17; Ord. No. 3749-C.S, § 1, effective 10-27-22)

(a) The Public Works Director is hereby authorized to reserve and designate parking for disabled persons and disabled veterans at all parks and recreation facilities owned or operated by the City.

(b) No persons shall stop, stand or park in any space designated for parking for disabled persons unless their vehicle displays a disabled person's license plate or placard, or a disabled veteran's license plate or placard, as provided by the Vehicle Code of the State of California.

(Added by Ord. 3177-C.S., § 1, amended by Ord. 3369-C.S., § 2, effective 12-9-04)

(a) In any skateboard park or facility owned or operated by the City, any person riding a skateboard, in-line skates, or similar device shall wear a helmet, elbow pads and knee pads.

(b) The Parks, Recreation and Neighborhoods Department shall cause a sign or signs to be posted at all such parks or facilities providing reasonable notice of subsection (a) of this section and stating that any person failing to comply with subsection (a) of this section will 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.

(Added by Ord. 3177-C.S., § 1, amended by Ord. 3369-C.S., § 2, effective 12-9-04)