Morgan Hill Municipal Code Ch. 12.20 Activities on City Parks, Streets, Parking Facilities, and Public…

Footnotes:

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Editor's note— Ord. No. 2260 N.S., § 3, adopted Sep. 27, 2017, amended the title of Ch. 12.20 to read as herein set out. Former Ch. 12.20 was titled, "City Parks and Recreation Buildings."

Whenever the following words and phrases are used in this chapter they shall have the meanings ascribed to them in this section:

A. "City" refers to the city of Morgan Hill, California.

B. "Park" means a park, playground, open space area, trail, or any other area, or grounds in the city, owned or used by the city and devoted to active or passive recreation including parking lots constructed directly in and around the park to serve the customers of the park.

C. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.

D. "Vehicle" means any wheeled conveyance, whether motor-powered or drawn except for wheelchairs and vehicles in the service of the city.

E. "Unmanned aircraft" means an aircraft weighing less than fifty-five pounds, including everything that is onboard or otherwise attached to the aircraft, that can be flown without the possibility of direct human intervention from within or on the aircraft.

F. "FAA" refers to Federal Aviation Administration.

G. "Public building and facility" means city-owned buildings including general governmental buildings, recreation centers, public service centers and any other building used by the city for public purposes including parking lots constructed directly around the city-owned building to serve the customers of the building.

H. "Recreation center" means a public building primarily dedicated for recreation purposes.

I. "Public parking lots and parking facilities" means a city-owned parking lot or parking facility constructed to provide parking to a general area of the city that isn't primarily a "park" or "public building" as defined.

(Ord. 1439 N.S. § 2 (part), 1999)

(Ord. No. 2260 N.S., § 4, 9-27-2017)

The provisions of this chapter shall apply to all parks, public facilities, and public places in the city to provide opportunities for individuals to pursue and enjoy leisure activities and to assume the general welfare of the community.

(Ord. No. 2260 N.S., § 5, 9-27-2017)

Editor's note— Ord. No. 2260 N.S., § 5, adopted Sep. 27, 2017, amended § 12.20.020 in its entirety to read as herein set out. Former § 12.20.020 pertained to park use—general provisions and derived from Ord. 1439 N.S., § 2(part), adopted in 1999.

All park facilities shall remain closed between the hours of ten p.m. and six a.m.

(Ord. 1439 N.S. § 2 (part), 1999)

Any section or part of any park may be declared closed to the public by the city or by a police officer, at any time, and for any interval of time, as may be reasonably found necessary.

(Ord. 1439 N.S. § 2 (part), 1999)

The city may close any section or part of a park that is deemed to be in need of repair or unsafe to the public. These areas shall either be posted as "Closed to the Public" or staked and roped off or otherwise identified as closed.

(Ord. 1439 N.S. § 2 (part), 1999)

No person in a park shall do any of following:

A. Damage to Park Property. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, signs, markers, monuments, trash receptacles, paving or paving materials, water lines, or other public utilities or part or appurtenances whatsoever, either real or personal;

B. Use of Restrooms. If over the age of six years, use restrooms and washrooms designated for the opposite sex, unless disabled or handicapped and in need of assistance;

C. Removal of Vegetation. Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency;

D. Damage to Vegetation. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in, or otherwise disturb any grass area, or in any way injure or impair the natural beauty or usefulness of any areas;

E. Climbing, Standing Sitting. Climbing, standing or sitting on trees, monuments, buildings or walls, vases, fountains, railing, fence or upon any other property not designated or customarily used for such purposes;

F. Hunting Animals, Reptiles or Birds. Hunt, molest, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall any person remove or have in his/her possession the young of any animal, or the eggs or nest or young of any reptile or bird;

G. Drinking of Alcoholic Beverages. Drink alcoholic beverages in parks except where a special permit for this activity has been issued by the City;

H. Glass Bottles. Bring and/or dispose of glass bottles into the park unless specifically authorized in a permit issued pursuant to the provisions of Chapter 12.16 of this code;

I. Under the Influence of Alcohol or Drugs. Enter or remain in a park while under the influence of an intoxicating liquor or any drug;

J. Unauthorized Gambling. Play, bet at or against, or wager on for money, chips, shell, credit or any other representative of value any game that is prohibited by the Penal Code of the state of California;

K. Possession of Firearms, Weapons. Use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any other forms of weapons potentially dangerous to wildlife or human safety. Shooting into park areas from beyond park boundaries is prohibited;

L. Pollution of Waters. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters;

M. Disposal of Waste, Rubbish. Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, refuse or trash on the grounds thereof. Such items shall be placed in the proper receptacles where these are provided; and where such receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere;

N. Public Bathing, Swimming. Swim, bathe, wade in or pollute the water of any fountain, pond, lake or stream not specifically provided for that purpose and so posted. Swimming in the nude or nude sunbathing is prohibited anywhere in a park. For the purposes of this section, "nude" means exposure of any part of the genitals or full exposure of the breast in the case of women;

O. Overnight Camping. Camp or park overnight except under conditions provided for under Section 12.20.080 of this chapter;

P. Possession of Fireworks. Bring, possess or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets or other fireworks or explosives of flammable material or discharge them or throw them into any such area from land or any roadway adjacent thereto. This prohibition includes any substance, compound, mixture or articles that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints. This prohibition also includes fireworks that may otherwise be legal to possess within this state;

Q. Fires. Make or kindle a fire for any purpose except at places provided for such purpose;

R. Animals. Except as otherwise regulated by law, lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind on any park facility unless under proper control by the animal's owner or attendant. The owner shall be responsible for any damage or injury that may be caused by the animal;

S. Powered Model Airplanes, Watercraft, or Rockets. Use powered model airplanes, watercraft, or rockets at any time;

T. Powered Aircraft, Cars, or Trucks. Use powered aircraft (that are not airplanes), cars, or trucks in a manner that is dangerous, negligent, careless, reckless or that otherwise poses a risk of harm, danger or injury to life or property or in a manner which may interfere, in any way, with another person or entity's right to privacy, right to quiet enjoyment of his/her property, business operations or recreational activities;

U. Unmanned Aircraft. Use unmanned aircraft in a manner that is inconsistent with the state or federal law, including FAA regulations, or at a park not designated for unmanned aircraft use by the city manager. Takeoff and/or land unmanned aircraft before eight a.m. or after sunset. Operate unmanned aircraft within the city to capture, record, or transmit any visual image or audio recording of any persons or private real property located in the city under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a private residence or office, inside a hotel room, and inside of an enclosed yard);

V. Golf or Archery. Play or practice or use golf clubs or practice archery;

W. Feed Nondomestic Animals. Feeding nondomestic animals any food, including breads, seeds, nuts or other foods as many cause unintentional harm, illness, or death;

X. Use of Illegal Drugs. Use any controlled substance in a manner that is prohibited under state or federal law;

Y. Smoking. Engage in smoking activities as defined by Section 8.44.020 (11) of the Morgan Hill Municipal Code.

(Ord. 1439 N.S. § 2 (part), 1999)

(Ord. No. 2260 N.S., § 6, 9-27-2017)

No person at a public building or facility shall do any of following:

A. Damage to Property. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, signs, markers, monuments, furniture, trash receptacles, paving or paving materials, water lines, or other public utilities or part or appurtenances whatsoever, either real or personal;

B. Removal of Vegetation. Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency;

C. Damage to Vegetation. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in, or otherwise disturb any grass area, or in any way injure or impair the natural beauty or usefulness of any areas;

D. Climbing, Standing, Sitting. Climbing, standing or sitting on trees, monuments, buildings or walls, vase, fountain, railing, fence or upon any other property not designated or customarily used for such purposes;

E. Hunting Animals, Reptiles or Birds. Hunt, molest, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall any person remove or have in his/her possession the young of any animal, or the eggs or nest or young of any reptile or bird;

F. Drinking of Alcoholic Beverages. Drink alcoholic beverages in facilities except when the consumption is approved as part of a facility rental or permit;

G. Use of Illegal Drugs. Use any controlled substance in a manner that is prohibited under state or federal law;

H. Smoking. Engage in smoking activities as defined by Section 8.44.020 (11) of the Morgan Hill Municipal Code;

I. Unauthorized Gambling. Play, bet at or against, or wager on for money, chips, shell, credit or any other representative of value any game that is prohibited by the Penal Code of the state of California;

J. Possession of Firearms, Weapons. Use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any other forms of weapons potentially dangerous to wildlife or human safety.

K. Pollution of Waters. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters;

L. Disposal of Waste, Rubbish. Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, refuse or trash on the grounds thereof. Such items shall be placed in the proper receptacles where these are provided; and where such receptacles are not provided, all such rubbish or waste shall be carried away from the facility by the person responsible for its presence, and properly disposed of elsewhere;

M. Public Bathing, Swimming. Swim, bathe, wade in or pollute the water of any fountain, not specifically provided for that purpose and so posted. Swimming in the nude or nude sunbathing is prohibited anywhere in the facility. For the purposes of this section, "nude" means exposure of any part of the genitals or full exposure of the breast in the case of women;

N. Overnight Camping. Camp or park overnight except under conditions provided for under Section 12.20.080 of this chapter;

O. Possession of Fireworks. Bring, possess or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets or other fireworks or explosives of flammable material or discharge them or throw them into any such area from land or any roadway adjacent thereto. This prohibition includes any substance, compound, mixture or articles that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints. This prohibition also includes fireworks that may otherwise be legal to possess within this state;

P. Fires. Make or kindle a fire for any purpose except at places provided for such purpose;

Q. Animals. Except as otherwise regulated by law, lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind at any facility unless under proper control by the animal's owner or attendant. The owner shall be responsible for any damage or injury that may be caused by the animal;

R. Animals at Recreation Centers. Possess animals within the indoor areas of any recreation center, within the fenced areas of the aquatics center, or within the fenced areas of the outdoor sports center except for service animals or when the possession of the animal is approved as part of a facility rental or permit;

S. Powered Model Airplanes, Watercraft, or Rockets. Use powered model airplanes, watercraft, or rockets at any time;

T. Powered Aircraft, Cars, or Trucks. Use powered aircraft (that are not airplanes), cars, or trucks in a manner that is dangerous, negligent, careless, reckless or that otherwise poses a risk of harm, danger or injury to life or property or in a manner which may interfere, in any way, with another person or entity's right to privacy, right to quiet enjoyment of his/her property, business operations or recreational activities;

U. Unmanned Aircraft. Use of unmanned aircraft except when approved as part of a facility rental or permit;

V. Golf or Archery. Play or practice or use golf clubs or practice archery;

W. Feed Nondomestic Animals. Feeding nondomestic animals any food, including breads, seeds, nuts or other foods as many cause unintentional harm, illness, or death.

X. Ride-on Wheeled Vehicles. Ride or use bicycles, skateboards, roller skates, in-line skates, or scooters.

(Ord. No. 2260 N.S., § 7, 9-27-2017)

No person at a city public parking lot or parking facility shall do any of following:

A. Damage to Property. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, signs, markers, monuments, trash receptacles, paving or paving materials, water lines, or other public utilities or part or appurtenances whatsoever, either real or personal;

B. Loitering. Remain present in a city parking lot for any other purpose than to travel to and from a vehicle parked within the parking lot;

C. Climbing, Standing, Sitting. Climbing, standing or sitting on walls, ledges, railings, rooftops, parapets, fences or upon any other property not designated for such purposes;

D. Ride-on Wheeled Vehicles. Ride or use bicycles, skateboards, roller skates, in-line skates, or scooters;

E. Hunting Animals, Reptiles or Birds. Hunt, molest, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall any person remove or have in his/her possession the young of any animal, or the eggs or nest or young of any reptile or bird;

F. Drinking of Alcoholic Beverages. Drink alcoholic beverages except when the consumption is approved as part of a facility rental or permit;

G. Use or Consumption of Illegal Drugs. Use any controlled substance in a manner that is prohibited under state or federal law;

H. Smoking. Engage in smoking activities as defined by Section 8.44.020 (11) of the Morgan Hill Municipal Code;

I. Unauthorized Gambling. Play, bet at or against, or wager on for money, chips, shell, credit or any other representative of value any game that is prohibited by the Penal Code of the state of California;

J. Possession of Firearms, Weapons. Use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any other forms of weapons potentially dangerous to wildlife or human safety.

K. Pollution of Waters. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any parking lot or facility or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters;

L. Disposal of Waste, Rubbish. Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, refuse or trash on the grounds thereof. Such items shall be placed in the proper receptacles where these are provided; and where such receptacles are not provided, all such rubbish or waste shall be carried away from the facility by the person responsible for its presence, and properly disposed of elsewhere;

M. Overnight Camping. Camp overnight except under conditions provided for under Section 12.20.080 of this chapter;

N. Possession of Fireworks. Bring, possess, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets or other fireworks or explosives of flammable material or discharge them or throw them into any such area from land or any roadway adjacent thereto. This prohibition includes any substance, compound, mixture or articles that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints. This prohibition also includes fireworks that may otherwise be legal to possess within this state;

O. Fires. Make or kindle a fire for any purpose except at places provided for such purpose;

P. Animals. Except as otherwise regulated by law, lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind at any facility unless under proper control by the animal's owner or attendant. The owner shall be responsible for any damage or injury that may be caused by the animal;

Q. Powered Model Airplanes or Rockets. Use powered model airplanes or rockets at any time;

R. Powered Aircraft, Cars, or Trucks. Use powered aircraft (that are not airplanes), cars, or trucks in a manner that is dangerous, negligent, careless, reckless or that otherwise poses a risk of harm, danger or injury to life or property or in a manner which may interfere, in any way, with another person or entity's right to privacy, right to quiet enjoyment of his/her property, business operations or recreational activities;

S. Unmanned Aircraft. Use unmanned aircraft except when approved as part of a facility rental or permit;

T. Golf or Archery. Play or practice or use golf clubs or practice archery;

U. Removal of Vegetation. Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency;

V. Damage to Vegetation. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in, or otherwise disturb any grass area, or in any way injure or impair the natural beauty or usefulness of any areas.

(Ord. No. 2260 N.S., § 8, 9-27-2017)

No person on a public street or sidewalk shall do any of following:

A. Damage to Property. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, signs, markers, monuments, trash receptacles, paving or paving materials, water lines, or other public utilities or part or appurtenances whatsoever, either real or personal;

B. Removal of Vegetation. Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency;

C. Damage to Vegetation. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in, or otherwise disturb any grass area, or in any way injure or impair the natural beauty or usefulness of any areas;

D. Climbing, Standing Sitting. Climbing, standing or sitting on trees, monuments, buildings or walls, vase, fountain, railing, fence or upon any other property not designated or customarily used for such purposes;

E. Hunting Animals, Reptiles or Birds. Hunt, molest, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall any person remove or have in his/her possession the young of any animal, or the eggs or nest or young of any reptile or bird;

F. Drinking of Alcoholic Beverages. Drink alcoholic beverages except where a special permit for this activity has been issued by the city manager;

G. Glass Bottles. Bring and/or dispose of glass bottles unless specifically authorized in a permit issued pursuant to the provisions of Chapter 12.16 of this code;

H. Under the Influence of Alcohol or Drugs. Enter or remain while under the influence of an intoxicating liquor or any drug;

I. Unauthorized Gambling. Play, bet at or against, or wager on for money, chips, shell, credit or any other representative of value any game that is prohibited by the Penal Code of the state of California;

J. Possession of Firearms, Weapons. Use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any other forms of weapons potentially dangerous to wildlife or human safety. Shooting onto street or sidewalk areas from other areas is prohibited;

K. Pollution of Waters. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to a public street or sidewalk or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters;

L. Disposal of Waste, Rubbish. Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, refuse or trash on the grounds thereof. Such items shall be placed in the proper receptacles where these are provided; and where such receptacles are not provided, all such rubbish or waste shall be carried away by the person responsible for its presence, and properly disposed of elsewhere;

M. Public Bathing, Swimming. Swim, bathe, wade in or pollute the water of any fountain, pond, lake or stream not specifically provided for that purpose and so posted. Swimming in the nude or nude sunbathing is prohibited anywhere on public streets and sidewalks. For the purposes of this section, "nude" means exposure of any part of the genitals or full exposure of the breast in the case of women;

N. Overnight Camping. Camp overnight except under conditions provided for under Section 12.20.080 of this chapter;

O. Possession of Fireworks. Bring, possess or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets or other fireworks or explosives of flammable material or discharge them or throw them into any such area from land or any roadway adjacent thereto. This prohibition includes any substance, compound, mixture or articles that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints. This prohibition also includes fireworks that may otherwise be legal to possess within this state;

P. Fires. Make or kindle a fire for any purpose except at places provided for such purpose;

Q. Animals. Except as otherwise regulated by law, lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind unless under proper control by the animal's owner or attendant. The owner shall be responsible for any damage or injury that may be caused by the animal;

R. Powered Model Airplanes, Watercraft, or Rockets. Use powered model airplanes, watercraft, or rockets at any time;

S. Powered Aircraft, Cars, or Trucks. Use powered aircraft (that are not airplanes), cars, or trucks in a manner that is dangerous, negligent, careless, reckless or that otherwise poses a risk of harm, danger or injury to life or property or in a manner which may interfere, in any way, with another person or entity's right to privacy, right to quiet enjoyment of his/her property, business operations or recreational activities;

T. Unmanned Aircraft. Use unmanned aircraft except when approved as part of a facility rental or permit;

U. Golf or Archery. Play or practice or use golf clubs or practice archery;

V. Feed Nondomestic Animals. Feeding nondomestic animals any food, including breads, seeds, nuts or other foods as many cause unintentional harm, illness, or death.

(Ord. No. 2260 N.S., § 9, 9-27-2017)

No person shall do any of the following in a park, city parking lot, or city facility:

A. Compliance with Vehicle Code. Fail to comply with all applicable provisions of the Vehicle Code of the state in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and any other ordinances of the city regulating traffic;

B. Obedience to Traffic Officers, Peace Officers and Their Designees Authorized to Enforce The Vehicle Code, Or Park Employees. Fail to obey all traffic officers, peace officers and their designees, and park employees who are hereafter authorized and instructed to direct traffic in the parks, city parking lot and city facilities, in accordance with the provisions of this chapter and such supplementary regulations as may be issued by the city;

C. Observance of Traffic Regulations. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking, and all other signs posted for proper control and to safeguard life and property;

D. Excessive Speed. Ride or drive a vehicle at a rate of speed exceeding fifteen miles per hour;

E. Parking Areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there, and with the instructions of any attendant who may be present;

F. Vehicle Driveways and Access Drive. Drive any vehicle on any area except paved roads or parking areas, or such other areas as may be designated as temporary parking areas by the city;

G. Bicycle Pathway. Leave a bicycle lying on the pathway or paving, or in any place or position where other persons may cause injury.

(Ord. No. 2260 N.S., § 10, 9-27-2017)

Editor's note— Ord. No. 2260 N.S., § 10, adopted Sep. 27, 2017, amended § 12.20.070 in its entirety to read as herein set out. Former § 12.20.070 pertained to use of bicycles and vehicles in parks and derived from Ord. 1439 N.S., § 2 (part), adopted in 1999.

The following activities require prior approval and/or a special permit:

A. Picnic Area Reservations. Reservations for any portion of the picnic areas, or any of the park buildings or structures for the purpose of holding an activity to the exclusion of other persons, or for public admission;

B. Sale of Articles. Expose or offer for sale any article, service, or thing; nor shall she/he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing;

C. Announcements, Advertisements of Articles for Sale. Announce, advertise or call to the public attention in any way to any article or service for sale or hire;

D. Post Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription;

E. Construct Temporary Building, Structure. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands;

F. Conduct, Advertise Professional Pyrotechnic Displays. Conduct, advertise, or plan for any professional pyrotechnic display;

G. Plan Activities After Operational Hours. Plan or conduct any activity that exceeds the operational hours of the park, parking lot, or public building;

H. Chemical Toilets. Temporary use of chemical toilets.

(Ord. 1439 N.S. § 2 (part), 1999)

(Ord. No. 2260 N.S., § 11, 9-27-2017)

The city, or any city staff person showing proper identification, shall encourage compliance with and shall cause the enforcement of this chapter and any such rule promulgated hereunder.

(Ord. 1439 N.S. § 2 (part), 1999)

A. Definitions. "Skate park facility" means the fence and the entire fenced-in area surrounding and including the skate park amenities.

B. Regulations Governing Use. The following regulations shall apply within the designated skate park facility:

1. No person shall use, remain in or enter the skate park facility other than between the hours of 8:00 a.m. until sunset. At all other times the skate park facility shall be closed. The skate park facility may also be closed for any period of time at the sole discretion of the director of recreation and community services or the city manager for any reason, including but not limited to inclement weather, repair and maintenance, health and safety emergencies, violations by users of rules and regulations, graffiti, or defacement of property.

2. No person shall use the skate park facility for any purpose other than skateboarding or inline skating ; except as otherwise prohibited or permitted as designated and scheduled by the director of recreation and community services.

3. No person under the age of twelve may enter or use the skate park facility unless under the supervision of an adult.

4. Skateboarding, inline skating, bicycle jumping or any other use of the skate park facility not otherwise designated shall be considered hazardous recreational activities. No person may engage in any act that is reckless or that pose danger to other users or spectators, including, but not limited to, body flips; riding a skateboard facing entirely backwards; two or more individuals riding on the same skateboard; riding a skateboard on one's knees or while sitting or lying on the skateboard; causing the skateboard intentionally to shoot out away from the rider; tandem skating within three feet in front of or behind each rider; any acts that exceeds the skill level of the rider and presents a risk of serious injury to the rider or other persons, with the exception of those persons participating in special exhibitions or programs sponsored, operated and monitored by the recreation and community services department.

5. Persons using the skate park facility shall obey all signage, permanent or temporary and shall follow all instructions of city staff.

6. No person shall use the skate park facility or areas without wearing proper safety equipment including a helmet, elbow pads, and knee pads.

7. No person shall destroy, damage, deface, place graffiti upon, temper with, remove or relocate any part of the skate park facility, including signage notifying the hazardous nature of the activities in the skate park facility, rules and regulations and the requirement to wear a helmet, elbow pads and knee pads.

8. No person shall ride or cause bicycles to be on the skating surface of the skate park facility except at times designated and scheduled by the director of recreation and community services.

9. During times designated and scheduled for special use by bicycles, the skate park facility shall not be used for skateboarding, inline skating or any other purpose.

10. It shall be unlawful for any person to consume any alcoholic beverage or drugs or use tobacco products of any kind, including, but not limited to, chewing tobacco, cigars and cigarettes, in or upon the skate park facility.

11. No person may remain in or loiter about the skate park facility when not using the skate park facilities for its permitted purposes.

12. No person shall skate on the curbs or driveways of the city-owned areas surrounding the skate park facility.

13. All persons using the skate park area must place trash in cans provided by the city or such persons shall be removed from the designated skate park areas.

(Ord. 1484 N.S. § 1, 2000)

(Ord. No. 1936 N.S., § 1, 6-3-2009)

A. It is unlawful for any person to violate any of the provisions of this chapter.

B. Anyone violating these provisions will be held financially responsible to the maximum extent provided by law for any and all damage caused.

C. In addition to fines, for any subsequent violations within any consecutive twelve-month period, the community services director may order the exclusion of the violator from the use of any park or skate park facility for a period of time as determined at his or her reasonable discretion.

(Ord. No. 2276 N.S., § 45, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 45, adopted May 2, 2018, amended § 12.20.100 in its entirety to read as herein set out. Former § 12.20.100 pertained to violation—penalty and derived from Ord. 1439 N.S., § 2(part), adopted in 1999; and Ord. No. 1936 N.S., § 2, adopted June 3, 2009.