Montclair Municipal Code Ch. 9.12 Public Parks

It is the intent and purpose of the Council in enacting the provisions of this chapter to provide for the use and enjoyment by the people of public parks and recreation facilities by adopting regulations governing the conduct and behavior of persons using such public places to the end that such recreation facilities may be enjoyed by all.

(Prior code § 10-1.01)

It is unlawful for any person to do or commit, or for any person to cause or permit to be done or committed within the boundaries of any public park within the City, any act in the following sections of this chapter.

(Prior code § 10-1.03)

No person shall fail or refuse to obey or comply with any notice or sign, including warning, regulatory and road markings, placed by order of the Director for the safety or control of persons, vehicles or animals. No person shall willfully refuse to follow or comply with any lawful order or direction given by a department employee.

(Prior code § 10-1.04)

No person shall willfully cut, break, injure, deface, disfigure, mark or write upon, paint, carve, burn, tamper with, attach rope or wire to, displace or remove any tree, shrub, plant, turf, rock, sand, soil, wood, building, fence, table, bench, barbecue unit, pole, light, playground apparatus, bridge, railing, paving material, fountain, trash receptacle, waterline or other public utility, part or appurtenance thereof, sign, notice or placard, whether temporary or permanent, monument, stake, post or other boundary marker, equipment, tools, implements, materials, any structure or park facility whatsoever, either real or personal.

(Prior code § 10-1.05)

No person shall fail to cooperate in maintaining public toilets in a neat and sanitary condition nor shall any person loiter in or about any public toilet or enter any public toilet designated for the opposite sex, except that this provision shall not apply to persons under five years of age that are accompanied by a parent or guardian.

(Prior code § 10-1.06)

No person shall deposit, throw, discharge or otherwise place any paper, ashes, dirt, bottles, broken glass, cans, trash, litter, animal carcass, rubbish, debris or any substance, matter or thing, either liquid or solid in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park or in or on the grounds of said park except in the proper receptacles where these are provided; nor shall any person within any park wash eating or cooking utensils elsewhere than in the sinks provided for such purposes; nor shall any person bring any such substance, except litter accumulated in the course of automobile travel, into a City park for the purpose of disposal thereof in City park facilities. Where receptacles are not provided, all such rubbish or waste shall be carried from the park by the person responsible for its presence and properly disposed of elsewhere.

(Prior code § 10-1.07)

A. Parking. No person shall operate, drive, ride, park or leave standing any automobile, truck, motorcycle, motor scooter, motorized bicycle, go-cart or any other motor vehicle or any other vehicle at any time in any park; provided, however, that the provisions of this section shall not apply to those specific areas within any public park of the City which shall have been regularly and lawfully set aside for the use of vehicles; and provided further that the provisions of this section shall not apply to any vehicle used or owned by the City or any vehicle to which a temporary parking pass has been issued by the City or any commercial vehicle making lawful deliveries to or otherwise lawfully engaged in any undertaking or enterprise within any public park of the City. No person shall park and leave unattended any vehicle in areas other than those designated for parking. Vehicles left unattended in any area, except those designated for parking, without permission, may be towed away and stored by the City and said removal and storage costs shall be charged to and paid by the owner prior to release. Nor shall any person ride or drive a bicycle, skateboard or roller skates upon any tennis, handball, basketball, shuffleboard or multipurpose court in a City park.

B. Upon proof of valid California vehicle registration, proof of insurance as required by the California Vehicle Code and proof of a valid driver's license, the operator of a vehicle may be issued a temporary parking pass by the Director of Community Development or his or her designated representative. The pass will entitle the holder to park or operate a vehicle during short-term use of park facilities. The pass must be displayed at all times on the front dashboard of the vehicle or in a manner so that it is clearly visible through the windshield.

(Prior code § 10-1.08)

No person shall operate any wheeled conveyance of any type in any park at a speed in excess of 10 miles per hour unless a greater speed is posted. The maximum speed limit when pedestrians are present shall be five miles per hour.

(Ord. 99-791 Exh. A (part): prior code § 10-1.09)

No person shall ride or be propelled upon roller skates or operate a skateboard upon or along any walkway, parking lot, tennis court or basketball court as regulated by Section 6.24.010 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 10-1.10)

No person shall ride, lead, or let loose any cattle, horse, mule, goat, sheep, swine, cat, dog, fowl or animal of any kind in a park except that it shall not be unlawful to have dogs, physically restrained by a leash not in excess of six feet. No person shall keep or permit to remain any dog which is noisy, vicious or dangerous or which disturbs other persons within the boundaries of a park after such person has been directed to remove such dog. No person shall trap, kill, injure, catch or maltreat any wild or domesticated bird or animal; or destroy, remove or disturb any of the young or eggs of same, or permit any dog to pursue, trap, kill or wound any wild or domesticated bird or animal, except that the provisions of this section shall not apply to City employees regulating animal populations that have been declared a nuisance or hazard by the Director consistent with laws protecting such animals.

(Prior code § 10-1.11)

No person shall maliciously or willfully disturb the peace or quiet of a park or of any person therein, by loud or unusual noises, or by indulging in riotous, boisterous, threatening, indecent or offensive conduct, or by using abusive, profane, indecent or vulgar language. No person shall, within any park, disturb in any manner any picnic, meeting, services, concert, exercise or exhibition. No person shall play or utilize any sound-amplifying system within or upon any park or facility not set aside for such purpose by the City Council or the Director.

(Prior code § 10-1.12)

No person shall gamble or engage in gambling.

(Prior code § 10-1.13)

No person shall expose or offer for sale any article or thing nor shall he or she station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing except as authorized by Chapter 9.29 of this Code. No person shall give, set up or maintain any exhibition, show, performance, concert, lecture, entertainment, or similar activity without written permission to do so from the Director. No person shall for profit offer sports camps, sports lessons, or similar activity on park property without the written permission of the Director.

(Prior code § 10-1.14)

(Ord. No. 18-978-U, § 3, 12-17-18)

No person shall consume or have in his or her possession, custody or control, either open or unopened, any alcoholic beverage of any kind whatsoever, except when attending a function operating under a permit issued by the Director or his or her designee. No intoxicated person shall enter, be or remain in any park.

(Prior code § 10-1.15)

It is unlawful for any person to take part in or abet the playing of any activity which endangers the health, safety or welfare of the participant or any person whomsoever in any park, except on fields and courts or areas specifically provided for such games or activities or areas designated for such games and activities by the City Council or Director. Such games and activities shall include, but shall not be limited, to the following:

A. Baseball, tackle football, field hockey, rugby, cricket, golf, boxing, wrestling, and the martial arts;

B. Hitting golf balls, practicing golf, or using golf clubs in any area of a park except for the portion of Alma Hofman Park designated for putting only;

C. Flying any model airplane or helicopter, and launching any model fuel-powered rocket;

D. Carrying, transporting, possessing, discharging, firing or shooting over, onto or through any park any firearm, air gun, bb gun, spring gun, slingshot, bow and arrow, crossbow, spear, fireworks, firecracker, rocket, explosive of any kind or any other form of weapon potentially dangerous to human beings or wildlife. This subsection shall not apply to law enforcement officers;

E. Bring into any park grounds or be in possession of any glass beverage containers upon any park grounds;

F. Lighting or maintaining any fire except in a stove, barbecue grill, fire circle, portable stove or barbecue grill approved by the Director;

G. Erecting any barrier, whether string, wire, rope or chain, or placing any obstruction of any kind across any path, trail or other area accessible to the public;

H. Engaging in any other activity which endangers the health and safety of the public as determined by the Director or a police officer.

(Prior code § 10-1.16)

No person shall remain, stay or loiter on or about any such park between the hours of 10:00 p.m. and 5:00 a.m. of the following day, or as may be posted in the park, provided that this section shall not apply to attendance at authorized community activities in the park. Any park, recreation center or part or portion thereof may be closed to the public during an emergency, or when it has been determined by the Director, or police officer, that the public health, safety or morals require such action. Such park, recreation center or part or portion thereof shall not be reopened except by order of the City Council, City Manager, Director or police officer.

(Prior code § 10-1.17)

No person shall announce, advertise or call the public attention in any way to any article or service for sale or hire, or paste, glue, tack or otherwise post any sign, picture, placard, advertisement or inscription whatever, or distribute any handbill, circular or petition except by permission from the Director, provided that this section shall not apply to any concession operating under lease granted by the City Council.

(Prior code § 10-1.18)

It shall be deemed a public nuisance for any person to do or commit, or cause to permit to be done or committed on or within the boundaries of any public park within the City, any act as described in the sections hereof.

(Prior code § 10-1.20)

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this section. In addition to other remedies provided by law, any person violating any provision of this section or failing to comply with any of the requirements of this section is deemed guilty of an infraction within the manner provided in Montclair Municipal Code Section 1.12.010.

B. Fire pits, fire rings, campfires, and all other open fires within any City-owned, -leased, or -maintained park are prohibited, except as herein permitted below as a barbecue.

C. The use of nonliquid propane gas (LPG) barbecues and grills is prohibited in all City-owned, -leased, or -maintained parks. This prohibition includes, but is not limited to, charcoal-, wood-, briquette-, and natural gas-fired barbecues.

D. LPG grills and/or barbecues shall be a patio-size barbecue with a grill area not exceeding 1,000 square inches. No large barbecues or cookers that are towed behind vehicles are permitted. Barbecues shall be fully self-contained with a grill area, burners, and frame for mounting LPG tank.

E. No barbecue otherwise permitted by this section shall be placed within 25 feet of any adjacent property, playground equipment, buildings, fences, walls, or at the Alma Hofman Park Skate Park or Splash Pad facilities.

F. Exceptions: City-sponsored or special events shall be exempt from these restrictions upon approval by the City Manager, Deputy City Manager, Public Works Director, or Director of Public Safety.

(Ord. No. 13-936, § 1, 9-3-13)

A. Ejection and Exclusion. Any person who causes or aids and abets in the commission of any of the following at any park (as defined in Chapter 9.02 of this Code) within the City, in addition to any other penalties provided by law, may be ejected and excluded from City parks in accordance with the provisions of this Section:

1. Interference with any City employee in the performance of the employee's duties;

2. Interference with the use and enjoyment of a public park by any other person; or

3. Commission of any public offense at a public park.

Exclusions cover all parks regardless of the location of the incident resulting in the ejection and/or exclusion.

Nothing in this section shall be construed to authorize the ejection and/or exclusion of any person lawfully exercising any rights protected by the state or federal constitutions unless that person is also committing acts that violate a applicable provisions of law and which are not protected by the state or federal constitutions.

B. Duration of Exclusion. Exclusions from parks under the provisions of this section shall be for the specified time periods subsequent to the occurrence of the following violations in a park:

All exclusions begin immediately upon the issuance of the exclusion notice and terminate at 12:00 p.m. (noon) on the day following the end of the exclusion.

C. Notice of Exclusion. Any person authorized to enforce the provisions of this section (including, but not limited to, the Montclair Police Department, Code Enforcement Division, and Human Services Department) shall issue a written notice to any person excluded from any park under the provisions of this section. The notice shall specify, at a minimum, the following:

1. The date the exclusion is effective;

2. The duration of the exclusion;

3. The conduct resulting in the exclusion;

4. The penalties for failure to comply with the exclusion; and,

5. The manner in which the excluded individual may challenge/appeal the exclusion.

The notice shall be signed by the issuing officer, and shall either be personally served upon the excluded individual or served via US Mail to: the excluded individual at his or her last known address.

D. Appeal. Any person who is issued a notice excluding him/her from a park may appeal the exclusion by filing a written request for appeal with the Director of Human Services within 10 calendar days from the date of the notice. The written request shall contain, at a minimum, the following information:

1. Name, mailing address, and telephone number of the person appealing the exclusion (hereinafter, "appellant").

2. Date of the notice of exclusion.

3. Ground(s) for appeal in sufficient detail to enable the Director of Human Services (or designee thereof) to understand the nature of the controversy.

4. A request that the Director of Human Services (or designee thereof) either schedule a hearing or that the Director of Human Services (or designee thereof) considers the appeal request as the sole evidence to be submitted by the appellant. Any appeal that does not contain this request shall be deemed to be a request for a hearing.

5. The signature of the appellant.

If a hearing is requested, the Director of Human Services (or designee thereof) shall consider the testimony of the appellant, the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the exclusion. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. Upon review of the evidence submitted, the Director of Human Services (or designee thereof) shall uphold the exclusion if a preponderance of the evidence demonstrates that the excluded person committed the violation(s) and the exclusion is otherwise in accordance with the law.

The period of exclusion is not stayed pending an appeal.

E. Relief from Exclusion. Any person who is subject to an exclusion from a park may seek relief from the exclusion for good cause by filing a written request for relief with the Director of Human Services (or designee thereof) at any point during the period of exclusion. The written request shall contain the same information as for an appeal (as set forth in subsection D).

If a hearing is requested, the Director of Human Services (or designee thereof) shall consider the testimony of the appellant, the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the exclusion. Hearings for relief are informal, and formal rules of evidence and discovery do not apply. The Director of Human Services (or designee thereof) shall have the authority to modify the period of exclusion for good cause—however, no period of exclusion may be decreased by more than 50 percent.

F. The Director of Human Services (or designee thereof) shall maintain an accurate database of those persons excluded from public parks.

G. The Director of Human Services (or designee thereof) may promulgate rules and regulations pertaining to the use and maintenance of park and recreational facilities consistent with the provisions of this chapter, as well as for procedures for enforcing provisions of this chapter; and the Director and any designee thereof are authorized and empowered to enforce such rules and regulations. Copies of such rules and regulations shall be made available at each recreational facility.

H. No person subject to exclusion from any public park shall enter or remain in any park at any time during the period of exclusion. Any person subject to exclusion from any public park that enters or remains in any park in violation of said exclusion is guilty of a misdemeanor violation punishable in accordance with Chapter 1.12 of Title 1 of this Code.

(Ord. No. 17-962, § 2, 2-6-17)