Monterey Municipal Code Art. 1 General Regulations

In order to maintain and protect the City’s recreation areas and to ensure their availability as a shared resource to all members of the public, this Chapter sets forth reasonable time, place, and manner conditions relating to their use and prohibits conduct that unreasonably interferes with the administration and lawful uses of the City’s recreation areas. (Ord. 3699 § 3, 2025)

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section.

Alcoholic Beverages. Alcohol, spirits, liquor, beer, wine or other liquid which contains one-half of one percent (1/2%) or more of alcohol by volume.

Boat. Any boat, ship, vessel, raft or inflated object which will float on water, including miniature or model boats.

Camp or Camping. To pitch, erect, or use camp paraphernalia or both, for the purpose of, or in a way that facilitates, outdoor sheltering for living accommodation purposes or for remaining outdoors overnight. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are using the area as a living accommodation regardless of the nature of any other activities in which they may also be engaging.

Camp Paraphernalia. Implements, equipment, and other personal property used for camping, including cots, tents, huts, other temporary physical structures, tarpaulins, hammocks, mattresses, sleeping bags, bedrolls, blankets, sheets, pillows, and cookware or cooking equipment.

Commercial Activity. Selling, offering for sale, advertising for sale or solicitation for future delivery or performance of any goods, wares, merchandise or services including magazines, newspapers, pamphlets, periodicals, food or beverages in any recreation area.

Designated Area. An area specially equipped or posted with appropriate signs for camping, picnicking, parking of motor vehicles or other authorized activity.

Director. The Parks and Recreation Director of the City or his or her authorized representative.

Fishing. The taking or attempt to take or catch fish by any means.

Overnight. The hours between 10:00 P.M. of one day and 6:00 A.M. of the following day.

Permit. Written authorization to make use of any park, recreation area or portion thereof, and includes any conditions set forth herein.

Picnicking. The consumption of food or beverages.

Recreation Area. All parks, places, greenbelts, gardens, beaches and any other property owned by the City, including structures thereon, used, operated or maintained for recreational purposes, whether active or passive. The term “owned” shall mean any property interest under which the City operates, maintains or controls such property. The term shall also include any property owned and maintained as open space.

Swim. Includes swimming, wading and bathing.

Trash. Garbage, solid waste, refuse, litter, paper, animal and vegetable matter, and rubbish.

Vehicle. A device by which any person or property may be propelled, moved or drawn, including bicycles. (Ord. 3699 § 4, 2025; Ord. 3585 § 4, 2018; Ord. 3472 § 1, 2012)

It shall be unlawful for any person to consume or have in their possession an open container of any alcoholic beverage in any park or recreation area, except as follows:

a.Alcoholic beverages are permitted within the areas specifically designated as picnic/barbecue facilities in City park and recreation areas.

b.Alcoholic beverages are not permitted on public beaches except by valid written permit issued by the Director. The term “public beach” is defined as any beach area used for recreational purposes which is owned, operated or controlled by the City, State, or State or local agency, or any unimproved beach area privately owned but used by the public for recreational purposes with or without permission of the property owner.

c.Alcoholic beverages are permitted at Colton Hall lawn, Friendly Plaza, Monterey Bay Park, the Lower Presidio Historic Park, Frank E. Sollecito, Jr. Ballpark, and other recreation areas with a valid written permit issued by the Director. (Ord. 3576 § 3, 2017; Ord. 3563 § 2, 2017; Ord. 3546 § 3, 2016)

No person shall operate any model in any park, playground, beach, or public recreation area. For purposes of this Section, model shall mean:

1.Any device that flies, whether uncontrolled or controlled by radio, wire, or string, and is powered by internal combustion, electricity, gasoline, or any other type of fuel.

2.Any device that flies by whatever means weighing more than eight ounces.

This Section shall not apply to models in any area specifically designated by the City for the use of such models if the person using the model is in compliance with posted rules governing the use of the designated equipment.

It shall be unlawful to solicit contributions in any manner from any person in Scholze Park or upon the sidewalk immediately adjacent to the park.

a. Camping in Veterans Park.The Director, or their designee, may issue permits for individual, family, or group camping in Veterans Memorial Park. All other camping is regulated under Section 32-5.

1.It is unlawful to camp in Veterans Memorial Park without first obtaining a permit. Paying a fee and filling out the required registration card constitutes a permit.

2.Camping is limited to three consecutive days. The camper must then check out and remain out of the park for at least one night. The camper may then return for another three consecutive nights repeating the process of three in, one out, for a total of 30 nights spent in the campground. At the end of the 30-night stay, the camper must vacate the park for at least 30 consecutive nights before returning to repeat the process of three in, one out, for another 30-night stay. The Director shall establish reasonable arrival and departure times and the maximum number of persons allowed at camp sites.

3.The Director may establish additional reasonable rules and regulations for the management of the campground with the approval of the Parks and Recreation Commission.

4.The campground rules and regulations shall be included with the camping permit or posted at the campground.

b. Picnicking.The Director, or their designee, may issue permits for group picnics in any park where adequate facilities exist. Said permits shall be a reservation of space in said park. The Director may establish reasonable regulations in said permit not inconsistent with this Article.

c. Day Use.The Director may issue permits for the day use of parks, and may attach reasonable conditions to said permits. Said permits shall allow said group the exclusive use of the area designated.

d. Fees.The City Council may, by resolution, establish the fees for the issuance of camping and picnicking permits. (Ord. 3699 § 6, 2025; Ord. 3370, 2006)

Recreation buildings shall be used primarily for programs operated or sponsored by the City. The Director may issue permits for group use of such buildings provided the use, number of persons and hours of use do not conflict or interfere with the primary use. The Director may impose reasonable conditions to granting such permits, including the imposition of a reasonable fee to cover the cost of clean-up and supervision.

Golfing is prohibited in all park and recreation areas unless specifically posted for golf.

a.The Director shall, as a condition of the following listed uses of any City park and recreation area or facility, require the proposed user of such facility to apply for a permit. Such uses are specifically prohibited in all park and recreation areas unless a permit has been issued by the Director. In determining whether to issue a permit, the Director shall consider such factors as the size and configuration of the area where the proposed use is to occur, the condition of the turf, whether or not such use is likely to cause damage to the turf and/or adjacent trees and plants, whether or not adequate safety measures will be taken to protect the health and welfare of the participants and/or other park users, and whether the proposed use will interfere with use and enjoyment of the area by other users. The Director may, in granting permits, attach such reasonable conditions as may be necessary to coordinate the use of the facility with other users, i.e., days and hours of use and payment of fees. The uses requiring such a permit shall include, but are not limited to, the following:

1. Group Use.“Group use” is defined as use of any park or recreation area by any formal or informal group, league or similar organization.

2. Adult Soccer Games.“Adult soccer” is defined as any game of soccer involving six or more players, when at least two of the players are over the age of 18.

3. Inflatable Playhouses and Hot Air Balloons.The Director may revoke any permit for violation of the conditions or may refuse to issue permits to groups who have previously violated the conditions of permits granted to them.

b.The following activities shall be prohibited at the locations specified below and no permits may be issued therefor:

1.Adult soccer, as defined in subsection (a)(2) of this section, shall be prohibited at Montecito Park. (Ord. 3418 § 1, 2008)

The Director may close any recreational facility or portion thereof to the public for the purpose of repair, maintenance or when usage would do damage to the facilities beyond normal wear and tear. When it is deemed necessary to temporarily close a facility, the Director shall cause signs to be placed giving notice that such facility is closed and that entry is unlawful.

Whenever the Director has determined it necessary to close a facility and has caused signs to be placed, it shall be unlawful for any person or persons to enter or remain in the facility or portion thereof which has been closed.

a.Skate parks are for the use of persons riding the following non-motorized recreational devices: skateboards, scooters, wheelchairs, roller skates or in-line skates only. Any other use by operators of bicycles or other vehicles or similar devices is prohibited. No person shall utilize any skate park unless wearing a helmet, elbow pads and knee pads. (Ord. 3290, 2/01)

b.Signs shall be posted at City skate park(s) as notice to any person using the facility that they must wear a helmet, elbow pads and knee pads and that any person failing to do so will be subject to citation for violating this section, prohibition from using the facility, or both. One sign shall be posted at any entrance to the skating area and one or more sign(s) shall be posted at another location within the skating area. (Ord. 3543 § 3, 2016; Ord. 3472 § 1, 2012; Ord. 3268 § 1)

(Sections 23-15 through 23-19 reserved for future use)