Mountain House Municipal Code Ch. 2 Rules and Regulations

Footnotes:

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Editor's note— Ord. 2025-02, §§ 11, 12, adopted April 23, 2025, renumbered the former §§ 2-4-200—2-4-206 as §§ 2-4-201—2-4-207 and enacted a new § 2-4-200 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The Director shall have the authority to regulate the activities in park areas, when necessary, to prevent congestion and to secure the maximum use of the park facilities for the comfort and convenience of all members of the public, and the Director may limit the length of time such facilities, including picnic facilities, are used to avoid crowding. Visitors shall comply with any directions given by the Director to achieve this end.

(Ord. 2025-02, § 12, 2025)

The following rules and regulations apply to all public parks except as otherwise stated.

(a) Fixtures Generally First Come First Serve. Individual park fixtures, such as fireplaces, tables, and benches, shall be used on the basis of "first come, first serve" except in areas designated by "reservation only."

(b) Harmful Objects. A person shall not throw, leave, keep, or maintain any object in such a manner or in such a place that any person or animal may be injured or any structure or vehicle may be damaged thereby. In addition, a person shall not possess within a park any material that, if spilled, spread, sprayed or used for marking, will be injurious or damaging to humans, turf, plant growth or facilities, specifically including paint of all types. Nor shall any person play or engage in model airplane flying, radio controlled or non-radio controlled model powerboat operation or the use of any other power driven or noise producing hobby or recreational device, driving or hitting of golf balls, whether practice balls or not, archery, hardball or any similar games of a damaging and/or hazardous nature, except at such places and times as shall be expressly established by the Director.

(c) Damages. No person shall cut, break, injure, deface, or disturb any plant, rock, building, monument, fence, bench, structure, apparatus, soil, or property; or pluck, pull up, cut, take, deface, or remove any wood, shrub, grass, plant, seed, flower, or any portion thereof; or mark, paint, deface, or write upon any building, monument, fence, bench, or other structure; or carry any flowers, shrubs, or branches into or through the park. Nor shall any person willfully tamper with, or damage any water or gas pipe, valve, hydrant, stopcock, sewer, basin, fixture, electrical equipment, or other construction in any park. The parents of any minor committing such acts that cause damage shall be responsible for all such damages caused by their minor children.

(d) Climbing. No person shall climb any tree, or climb, walk, stand or sit upon any monument base, fountain, railing, fence or upon any other property not designated, constructed or customarily used for such purposes.

(e) Rubbish. No person shall throw, leave, place, deposit or dispose of any garbage, refuse, wastepaper, bottles, or cans in any place in a park other than into a garbage can or receptacle maintained therein for that purpose. Where such receptacles are not provided, all such material shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. Nor shall any person place any household garbage in any trash receptacle within a park. No person shall remove any garbage, refuse, wastepaper, bottles, cans or aluminum from any City receptacle without a permit issued by the Director.

(f) Glass Containers. No person shall possess any beverage container made of glass in any park or playground or to bring, carry, or transport any beverage container made of glass into any park or playground. For the purpose of this subsection, possession of glass baby bottles intended to be used for the purpose of feeding infant children shall not be deemed a violation of this subsection.

(g) Notices. No person shall distribute any handbills or circulars, or to post, place or erect any bill, notice, paper, or advertising device or matter of any kind without the written permission of the Director.

(h) Events. No person shall sell or offer for sale any merchandise, article or thing whatsoever, or conduct any class, special event, tournament, whether or not for profit, or locate any inflatable party jumpers or portable event structures in any park, without a permit issued by the Director. The vendor or person conducting a class, event or tournament shall have the permit in possession in the park at all times that vendor or person is within a park for the purpose of such sale or activity.

(i) Sales. The Director may permit vending in certain areas of parks. The Director shall not grant permission to vend unless the vendor agrees in writing to pay the City vendor fee, as established by resolution of the City Council of Directors. The Director may revoke any license or authorization for such sale or event upon failure of the vendor or person conducting the event to pay the required vendor fee.

(j) Fires. No person, unless expressly permitted by the Director, shall ignite or permit to be ignited, or maintained or permit to be maintained, a fire in any location in a park except in a designated campfire site, barbecue pit, fireplace or cooking area provided by the City for the purpose of maintaining a fire. Until it is completely extinguished, no person shall leave a fire, if the fire was started by such person, was started at such person's direction, or was used by such person.

(k) Animals. No person shall bring into a park any animal, other than dogs or cats, or any eggs or nests of an animal, except as hereafter specifically provided or as otherwise expressly permitted by the Director. Nor shall any person remove any animal, other than dogs or cats, or any eggs or nests of an animal. Persons in charge of dogs and cats are responsible for the immediate removal and proper disposal of all dog or cat waste. No person shall allow any dog on city basketball courts, tennis courts, or any other designated sports fields or courts regardless if the dog is secured by tether or leash. Dogs shall be licensed. No person may bring and maintain in any park more than two (2) dogs except with the written permission of the Director and the dog(s) shall be kept on a leash of suitable strength not to exceed six (6) feet in length, and under the immediate control of its owner or custodian. The persons owning, controlling, or having custody of such dog shall be jointly and severally responsible for all damages caused by such dog, whether or not they had custody at the time of such damage. Upon the posting of signs, the Director may designate areas in which dogs are prohibited and may designate areas in which dogs are permitted without a leash.

(l) Nature Preserves and Trails. No person shall bring any animal within or upon any area designated as a nature preserve or nature trail. Unless otherwise posted dogs are permitted on equestrian trails, bicycle and hiking trails. Horses are permitted on marked equestrian trails provided that they are under the immediate and reasonable control of the rider.

(m) [Service Animals.] Subsections (k) through (m) inclusive of this Section shall not apply to "seeing eye" and "guide" dogs, provided that such dogs shall remain under the immediate control of the person the dog is assisting.

(n) Grazing. A person shall not permit any cattle, horses, goats, sheep, swine, or any other domestic animal to graze in any park, except on property designated for such purpose.

(o) Protection of Animals. No person shall molest, hurt, disturb, injure, trap, take, net, poison, harm or kill any kind of animal or fish, or so attempt, except that fish or frogs may be taken other than for commercial purposes in accordance with the State fishing laws and regulations. The foregoing provision shall not apply to persons employed by the City, the State, or by the United States to destroy predatory animals or birds or beasts as defined in the Food and Agricultural Code when acting in the course of their employment. The foregoing provision shall not apply to park employees taking natural specimens under the direction of the Director.

(p) Washing and Repairing Vehicles. No person shall engage in the washing, cleaning, polishing, repairing, renovating, changing fluids, or painting of any motor vehicle, trailer, or other wheeled conveyance or bicycle within a park.

(q) Washing. No person shall place in any park waters any edible matter, dish or utensil or wash or cleanse in any park waters any such edible matter, dish, or utensil or commit any nuisance in or near such waters or pollute any park waters or bathe in park waters except as permitted in Section 2-4-202.

(r) Hours. It shall be unlawful for any person to enter, remain, or loiter within the limits of any park owned by the City between one (1) hour after sundown and one (1) hour before sunrise the next day. The time provisions hereof shall not apply to community centers or those places in each park designated as lighted recreation areas, such as tennis courts and ball fields. However, in no event shall any person remain in any lighted recreation area in such park after 10:00 p.m., nor enter such park before 6:00 a.m., unless permission is received from the Director. The provisions hereof shall not apply to the entry upon park property in the course of duty of any peace officer or other duly authorized public employee.

(s) Camping. No person shall camp, or set up any camping facilities, in any part of a public park except in areas designated for that purpose by the Director.

(t) Skate Boards, Roller Skates, Inline Skates, Scooters, and Bicycles. No person shall, without the express prior approval by the Director, use a skateboard, in-line skates, roller skates, scooter, or bicycle within tennis courts, basketball courts, parking areas, covered picnic areas, or baseball complex. No person may ride any other person on a bicycle, except where the bicycle is built for operation by more than one person.

(u) Weapons. Except as otherwise authorized by law, no person shall use, maintain, possess, or discharge any firearm, air gun, spring gun, bow and arrow, sling shot or any other weapon potentially hazardous to wildlife or human safety within the boundaries of any park or within two hundred (200) feet thereof. It shall be unlawful to shoot any of the aforementioned weapons into or across the park. The foregoing provisions shall not apply to persons employed by or under contract with the City, the County, the State or by the United States to destroy predatory animals or birds or beasts as defined in the Food and Agricultural Code when acting in the course of their employment. Persons permitted to possess firearms, other than peace officers in the course of their employment, must register all firearms and other weapons with the City, identifying type, number, and amount of ammunition and location of weapon storage while within the park.

(v) Orders. No person shall fail to obey the lawful order of any peace officer or City employee authorized to enforce the rules and regulations as set forth herein.

(w) Traffic Regulations. No person shall fail to obey traffic regulations concerning the use of vehicles or caution, stopping, parking and all other signs posted for control or to safeguard life and property.

(x) Parking. Park a vehicle in other than an established or designated parking area or use a parking area in a manner not in accordance with the posted directions or the instructions of a designated City representative or peace officer who may be present.

(y) Noise. No person in a park or on public or private property adjacent to a park shall produce or allow to be produced any loud noise from a radio, stereo, tape deck or other means which noise disturbs the peaceful and quiet enjoyment of any reasonable person in a public park or in residential areas adjacent to a public park.

(z) Tobacco Products. It shall be unlawful to use tobacco products of any kind, including, but not limited to, chewing tobacco, cigars, cigarettes, e-cigarettes, cannabis, or cannabis products, in or upon any park or public facility, or to discard lighted or unlighted cigars, cigarettes, cannabis, or cannabis products in said areas. After the posting of signs affording reasonable notice to persons of this restriction, any person violating this provision shall be guilty of an infraction, which shall be punishable by a fine of established by resolution of the City Council.

(aa) Driving. No person shall drive any motor vehicle, motorcycle (gas or electric), go-cart, e-bike/e-scooter, or wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled, including any trailer in tow of any size, kind or description, in any area of the park not designed for public vehicular use. Persons operating baby carriages, wheelchairs, and vehicles in the service of the City are not subject to this subsection.

(bb) City Keys. No person may make or cause to be made any duplicate keys to public facilities rented from the City, or to keep any such keys.

(Ord. 2024-20, § 1(Exh. A), 2024; Ord. 2025-02, §§ 11, 13, 2025)

Editor's note— See editor's note, Ch. 2.

Swimming and bathing are prohibited in public parks except in those areas designated by the Director.

The Director shall adopt water safety rules regulating swimming and bathing areas. This Section does not apply to waters subject to the provisions of the California Harbors and Navigation Code.

(Ord. 2024-20, § 1(Exh. A), 2024; Ord. 2025-02, §§ 11, 14, 2025)

Editor's note— See editor's note, Ch. 2.

No person shall operate any motor vehicle on or over any riding or hiking trail or any designated service road, except with the permission of the Director, or in case of emergency.

(Ord. 2024-20, § 1(Exh. A), 2024; Ord. 2025-02, §§ 11, 15, 2025)

Editor's note— See editor's note, Ch. 2.

(a) A park or public facility may be closed to public entry or may be vacated whenever a menace to the public health or safety is created by a calamity such as flood, storm, fire, earthquake, explosion, accident or other disaster, or when, in the opinion of the City employees charged with the protection and safety of the public, a hazardous condition exists. Authority for such action rests with the City Manager, any duly appointed Peace Officer, or any designated uniformed City employee.

(b) The City Manager may from time to time establish prohibited or limited areas to avoid interference in development, construction and management, or provide for security, safeguarding or preservation of property within the park system. The City Manager shall declare an area prohibited or limited by written order, specifying the period thereof. The order may include such classes of persons who may enter therein and the conduct of such proper activities or official duties as the City Manager may prescribe. The order may also limit the number of persons in an area. The City Manager may deny use of park facilities to anyone who violated park ordinances, rules and regulations.

(c) Any unauthorized person who willfully and knowingly enters an area closed, prohibited or limited pursuant to subsections (a) or (b) or who willfully remains within such area after receiving notice to evacuate or leave shall be guilty of a misdemeanor.

(Ord. 2024-20, § 1(Exh. A), 2024; Ord. 2025-02, §§ 11, 16, 2025)

Editor's note— See editor's note, Ch. 2.

No person shall consume in any park, public property, or public facility any malt, spirituous or vinous liquor having an alcoholic content in excess of one (1) percent by volume, except as authorized by permit issued by the Director. The Director may not issue a permit without proof of any license or permit as required by the Alcoholic Beverage Control Act.

(Ord. 2024-20, § 1(Exh. A), 2024; Ord. 2025-02, §§ 11, 17, 2025)

Editor's note— See editor's note, Ch. 2.

Upon posting signs, the City Manager may prohibit entrance to creeks and rivers.

(Ord. 2024-20, § 1(Exh. A), 2024; Ord. 2025-02, § 11, 2025)

Editor's note— See editor's note, Ch. 2.

All public access to Mountain House Creek is restricted to City of Mountain House designated trails. It shall be a violation of this Chapter for any person to deviate from the designated trails and enter into City property in or around Mountain House Creek. City of Mountain House officials shall issue citations to any noncomplying party for violation of this Section, and all other remedies including trespass or any other relevant violation.

(Ord. 2024-20, § 1(Exh. A), 2024; Ord. 2025-02, §§ 11, 18, 2025)

Editor's note— See editor's note, Ch. 2.

(a) The use of amplified sound, sound systems, or equipment is permitted in public facilities and upon public property, provided a permit for its use is first obtained.

(b) The use of amplified sound, sound systems, or equipment is prohibited in all public parks, except as provided in subsection (c) of this section.

(c) The use of amplified sound, sound systems, or equipment may be allowed in public parks for special community-related events or activities, provided a permit for its use is first obtained from the City Manager or designee.

(1) When issuing any such permit, the City Manager or designee may impose such conditions or restrictions upon the use of amplified sound, sound systems, or equipment as may be necessary to safeguard and protect the quiet enjoyment of other users of the park and of persons residing in residential areas adjacent to the park. Such conditions may include, but are not limited to, any of the following conditions:

(A) Restrictions upon the location and directional positioning of the equipment used for amplification.

(B) Restrictions upon the time period or periods during which amplification equipment may be used.

(C) Restrictions upon the maximum size, and sound level produced by the amplification equipment.

(d) It shall be unlawful for any person to fail to properly obtain a permit as required by this section, or to conduct the use authorized by the permit in violation of any term or condition of the permit.

(Ord. 2025-02, § 19, 2025)