Montebello Municipal Code Ch. 12.24 Conduct in Public Parks

The following rules and regulations shall control the conduct of all persons in or upon public parks located within the city. City employees, in the course and within the scope of performing their duties, are exempt from these rules and regulations.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (part))

For the purpose of carrying out the intent of this chapter, words, phrases, and terms used herein shall have their ordinary meaning, unless otherwise indicated as follows:

"Department" means the city of Montebello (city) department of recreation and community services.

"Director" means the director of parks and recreation, or his or her designee.

"Public park" means any public facility or structure, areas, buildings, and facilities that are owned, leased, or otherwise controlled by the department, including, but not limited to, parks, athletic fields, tennis courts, pickle ball courts, splash pads, exercise stations, skate parks, dog parks, golf courses, swimming pools, recreation centers, playgrounds, pavilions, medians, park parking lots and recreational trails.

(Ord. No. 2471, § 2, 1-24-2024; Ord. No. 2482, § 2, 5-14-2025)

No person shall throw, place or dispose of any refuse, rubbish, construction rubbish, garbage, hazardous waste, infectious waste, recyclable materials, or green waste in any place in any public park other than in a receptacle maintained therein for that purpose.

No person shall scavenge or permit to scavenge any refuse, rubbish, construction rubbish, garbage, hazardous waste, infectious waste, recyclable materials or green waste in any place in any public park.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (a))

(Ord. No. 2471, § 2, 1-24-2024)

A. No person shall have in his or her possession, or under his or her control, care or custody, any gun, revolver, pistol, firearm, simulated firearm, airgun, air rifle, pellet gun, B-B gun, slingshot or any device designed or intended to discharge or capable of discharging any dangerous missile. Nor shall any person have in his or her possession, or under his or her control, care or custody, any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm.

B. No person shall fire, discharge, shoot or operate, or assist or participate in the firing, discharging, shooting or operating of any gun, revolver, pistol, firearm, simulated firearm, airgun, air rifle, pellet gun, B-B gun, slingshot or any device designed or intended to discharge or capable of discharging any dangerous missile or object.

C. No person shall have in his or her possession, or under his or her control, care or custody, any switchblade, dirk, icepick, dagger, bow and arrow or any similar instrument or object that can be used to stab or injure others.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (c), (d))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall fire or discharge in any public park, any fireworks as the phrase is defined in Section 8.20.010, except when a permit therefor has been issued by the city.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (e))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any public park.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (f))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall remove, or deface or destroy, any wood, turf, grass, soil, rock, sand or gravel from any public park.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (g))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall:

A. Damage, deface, disturb or disfigure any building, monument, cage, pen, sign, fence, bench, or any other structure, apparatus or equipment, or property of the city, or any portion thereof located in any public park;

B. Mark, write or print on any public park structure or any portion thereof;

C. Attach to or remove from any public park facility or structure any sign, card, display, or other similar device, except as may be required or permitted by law.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (h))

(Ord. No. 2471, § 2, 1-24-2024)

A. No person shall bring into any public park any cattle, horse, mule, goat, sheep, swine, dog, cat or any other kind of animal, except that dogs or cats may be permitted in the park if kept on a leash not to exceed six feet under the full control of its owner or person in possession. Service animals are exempt, as defined by the American with Disabilities Act. The owner must be in physical proximity and have full control of the service animal at all times. No person shall wound, kill, catch or attempt to wound, kill or catch, any bird, fowl, fish or other animal located in a public park.

B. The requirement for a dog to be on-leash while in a public park shall not apply to a dog within a posted off-leash area of the park as designated by the city, provided, however, nothing herein shall relieve the owner or person having charge, care, custody or control of such dog from the responsibility to maintain proper control over such dog nor shall this subsection be construed as relieving such person from liability for any damages arising out of his or her use of a leash optional area.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (i))

(Ord. No. 2471, § 2, 1-24-2024; Ord. No. 2482, § 2, 5-14-2025)

No person shall sell or offer for sale any food, goods, wares, services or merchandise, or distribute or pass out any commercial handbill, in any public park, without first obtaining a permit and identity card pursuant to Chapter 5.04 and/or Chapter 5.40 of the Montebello Municipal Code.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (j))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall enter, be or remain in any public park while in possession of, transporting, purchasing, selling, giving away, or consuming any alcoholic beverages without first obtaining the advance written approval of the director of parks and recreation. The sale, serving and/or consumption of alcoholic beverages will only be permitted at city facilities authorized by resolution of the city council and in accordance with approved city policies and procedures. No person shall remain in any public park, or enter the same, while in an intoxicated condition.

No person shall enter, be or remain in any public park while in possession of, transporting, purchasing, selling, giving away, or consuming any drugs and other controlled substances.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (k))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall camp in any public park without first obtaining the permission of the director of parks and recreation.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (l))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall light, or cause to be lit, any fire, except in such locations as may be designated by the department director.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (m))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall swim, wade, bathe in or pollute waters of any fountain, pond, take or stream located in any public park.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (n))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall propel or cause to be propelled any vehicle of any type, cycle or automobile, on any footpath, walkway, trail, or turf in any public park.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (o))

(Ord. No. 2482, § 2, 5-14-2025)

No person shall enter, loiter or remain in any public park or parking lot(s) at any time between the hours of ten p.m. and six a.m. of the following day, except when the park facilities are rented to the public and approved by the department director.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (p))

(Ord. No. 2471, § 2, 1-24-2024; Ord. No. 2482, § 2, 5-14-2025)

No person shall hold, conduct or participate in any picnic except in park areas designated for picnics. Roping-off, caution taping, staking or fencing off or similar actions to restrict access of park areas for any purpose is not permitted.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (q))

(Ord. No. 2471, § 2, 1-24-2024; Ord. No. 2482, § 2, 5-14-2025)

No person shall utilize any portion of a public park, excepting the municipal golf course, and ancillary driving range facilities, for the playing or practice of golf.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (r))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall operate any drone, model airplane or toy airplane or miniature airplane, or similar unmanned aircraft, which is self-propelled and operated or controlled from the ground by means of remote control without the possibility of direct human intervention from within or on the aircraft, at any public park, except at a place approved or designated for such purpose by the department director.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (s))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representative of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming in any public park.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (t))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall have in his or her possession in any public park any pressurized can, container, or other receptacle containing a substance commonly known as paint or any substance capable of defacing, damaging or disfiguring park property.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (u))

(Ord. No. 2471, § 2, 1-24-2024)

No person shall have in his or her possession in any public park any container or receptacle containing glue, adhesive cement, dope, mucilage or any chemical substance capable of producing intoxication, hallucinations or that distorts or disturbs the eyesight, thinking process, balance or coordination of a person, with the intent of becoming intoxicated. For purposes of this section, any condition so induced shall be deemed as an "intoxicated condition."

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (v))

(Ord. No. 2471, § 2, 1-24-2024)

No persons shall assemble together in any public park for the purpose of doing any act of violence or inviting or advising other to do any act of violence or to commit any unlawful act.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (w))

(Ord. No. 2471, § 2, 1-24-2024)

A. No person shall utter in the presence of hearing of any other person or persons, in or upon any public park, any indecent, obscene, profane, or insulting epithets, words or language for the purpose of threatening or intimidating such other person or persons.

B. No person shall utter in the presence of hearing of any other person or persons, in or upon any public park, any words or language inherently likely to provoke an immediate, violent response from the recipient.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 ((x), (y))

(Ord. No. 2471, § 2, 1-24-2024)

Editor's note— Ord. No. 2471, § 2, adopted Jan. 24, 2024, repealed the former § 12.24.240, and enacted a new § 12.24.240. The former § 12.24.240 pertained to powers of park employees and derived from Ord. 2029 §1 (part), 1993: prior code § 4304(z)).

No person shall either dress or undress in the washroom or toilets or any area of any public park.

(Ord. No. 2471, § 2, 1-24-2024)

No person shall trespass or enter upon any portion of any public park restricted against public use, or attempt to climb over any fence or barricade separating such restricted portion of the public park from the part thereof to which the public is admitted.

(Ord. No. 2471, § 2, 1-24-2024)

Smoking is prohibited inside any public park, recreational area, city-sponsored event, or in an outdoor area within 40 feet from a public park, recreational area, or city-sponsored event unless the area is designated by the city as a smoking area. Smoking means engaging in an act generating smoke, and includes, but is not limited to, tobacco smoke, electronic cigarette vapors, marijuana smoke, or any other weed, herb, flower or plant.

(Ord. No. 2471, § 2, 1-24-2024)

Public park reservations shall be available year-round to accommodate Montebello residents and user groups for informal or neighborhood gatherings. Reservations shall be submitted to the recreation and community services department and are subject to facility usage policies established by the department director.

Park reservations and/or permits are required for the following:

(1) Use of athletic fields by organized teams for activities such as practices, games and tournaments.

(2) Use of city facilities outside of normal business operating hours.

(3) Picnic shelter reservations to guarantee exclusive use for the day of reservation.

(4) A temporary use permit is required for special events and outdoor activities pursuant to Chapter 12.16.010.

(5) Some uses of park space will require further review and special permits pursuant to Chapter 12.17.040.

(6) Use of facilities for private instruction, training, classes, camps and clinics.

Facility usage policies, rules and regulations, including a park facilities rules of conduct, shall be established by the director for the administration of this policy and made available to the public on the city website and at the recreation and community services office. Said rules and regulations may be amended periodically to address public safety concerns. All pertinent city ordinances shall be enforced.

All fees and charges may be changed by resolution of the city council.

(Ord. No. 2471, § 2, 1-24-2024; Ord. No. 2482, § 2, 5-14-2025)

Employees of the Montebello police department, code enforcement division, and the parks and recreation manager, director of parks and recreation, and all public employees in the parks and recreation department are given the power and authority to enforce any posted rule, regulation, policy, or violation of this chapter, including the authority to issue citations therefor.

Violations of this chapter regulating public conduct in parks may be addressed in the following manner:

(1) Verbal warning.

(2) Immediate eviction from the public park. Immediate eviction shall mean removal from the public park, and banishment from any other public park, for the remaining hours of operation for the day of eviction.

(3) Suspension of public park privileges. Suspension of public park privileges shall mean denial of access to all public parks for one or more days. The effective date and length of suspension shall be determined by the director, depending on the scope and severity of the violation, and notice of such suspension shall be made in writing.

(4) Criminal sanctions or any other remedy available under local, state, or federal laws.

Any person who has been suspended from a public park for one or more days may appeal the suspension by submitting a written request for appeal prior to the start of the suspension to the director. The written request for appeal should include the reasons for requesting an appeal and contact information. All appeals shall be heard by the director, or designee, within thirty business days of the receipt of this request. The suspension will be tolled during the appeal process. The decision of the director shall be final.

(Ord. 2092 § 1 (part), 1993: prior code § 4304 (z))

(Ord. No. 2471, § 2, 1-24-2024; Ord. No. 2482, § 2, 5-14-2025)

No person shall operate or play any musical instrument, public address system, loudspeaker, or sound amplifying equipment of any kind within the boundaries of any park without a permit which expressly authorizes the use of such equipment for the facility, purpose, time, and group for which the permit is obtained.

(Ord. No. 2482, § 2, 5-14-2025)

No person shall gain unauthorized access to water spigots, faucets, hose bibbs, valves, irrigation controls, electrical outlets, or other utility connections within the park grounds or parking lots.

(Ord. No. 2482, § 2, 5-14-2025)