National City Municipal Code Ch. 10.52 Regulations for the Use of Municipal Parks, Playgrounds and Golf Courses

No person shall engage in any of the following acts within the premises of any city park, playground, golf course, or recreation facility:

A. Transport, carry, or discharge any firearm, weapon, air gun, slingshot, or explosive of any kind.

B. Use archery equipment, hit golf balls, play baseball, football, soccer, cricket or any other game of ball, in a designated picnic area.

C. Bring, ride, allow, or permit any bovine animal, sheep, goat, swine, or horse to enter or occupy the premises.

D. Bring or permit any dog, other than a seeing-eye dog, to enter or occupy the premises, unless the same is kept on a leash adequate to control such dog at all times. This prohibition against dogs off-leash does not apply to dogs within a "leash free" area, or city designated "dog park."

E. Take, kill or maltreat any bird or animal, either wild or domestic.

F. Pick, dig, remove, carry away, or willfully damage or destroy park improvements, soil, plants or trees on the premises.

G. Drive or ride a motorcycle, automobile, or any other motorized vehicle on any walkway or turfed area.

H. Willfully damage or vandalize any building or structure located upon the premises.

I. Except for pedestrians or joggers, enter or occupy the premises between the hours of 9:00 p.m. and 7:00 a.m. without the consent of the city council, the city manager, or their authorized agents.

J. Enter or trespass in any area, building or facility which is fenced and locked.

K. Drive or operate any motor vehicle in any park in excess of fifteen miles per hour.

L. Park any automobile or vehicle in any park at any place other than designated parking areas. Places where parking is permitted shall be designated by appropriate signs.

M. Wash, perform maintenance on, or make other than emergency repairs upon any automobile, motorcycle or self-driven vehicle in any park.

N. Make a fire in any park other than in stoves, pits or braziers provided by the city.

O. Except for charcoal lighter, bring into any park any material which will, if spilled or spread, be injurious to the turf or plant growth.

P. Throw or dispose of any bottles, tin cans, broken glass, paper, clothes, cast iron, rubbish, soil, or other debris of any kind, except in approved containers provided by the city.

Q. Willfully remove, damage or destroy any athletic equipment provided by the city. Normal wear and tear is acceptable

R. Move or remove from one location to another any part or parts of field equipment.

S. Open or close any valve pertaining to the water mains or sprinkler system, or to expose or interfere with any gas pipe, hydrant, pitcock, sewer, catch basin, backflow preventer, or other similar device in any park.

T. Indulge in indecent or riotous conduct or language, or to otherwise make noises in such a manner as to disturb any picnic, meeting, concert or activity.

U. Operate a public address system without prior written permission of the city. This prohibition shall not include the use of small portable radios, as long as such radios are operated at such a volume as not to disturb other persons present in the park.

V. Willfully disturb or interfere with any employee of the city acting within the scope of his or her employment, or to disturb or interfere with any spectator or participant in any event or activity conducted in any park, or to enter any park for the purpose of committing any such disturbance or interference.

W. Camp or lodge overnight in or upon any park, unless prior written permission is obtained from the city.

X. Vend, offer for sale, or dispose of goods, wares or merchandise, or conduct any business unless authorized to do so by Chapter 13.30, or by the city council or their designee, except that nothing in this provision shall prohibit religious or political solicitations subject to subsection (II) of Section 10.52.010.

Y. Practice, carry on, conduct or solicit for any trade, occupation, business or profession without the written permission of the city council.

Z. Play upon any tennis court wearing shoes other than tennis-type shoes.

AA. Use any tennis court for tennis tournaments, team practices, or other special events of any kind without the prior written permission of the city.

BB. Wade or swim in any pool except when supervised.

CC. Use any park facility for which a charge is made without first having paid the fee requested and having received the required permit.

DD. Remove any authorized or official sign indicating that any park facility or equipment is reserved.

EE. For any male person to use any toilet set apart for women, and for any female person to use any toilet set apart for men, provided, that this prohibition shall not apply to children accompanied by their father, mother or guardian.

FF. Climb onto any building or structure not designated for such activity.

GG. Tear down, deface or destroy any sign posted pursuant to the above sections.

HH. Except in any golf course, smoke any tobacco products or dispose of any tobacco product in any place other than a designated waste disposal container.

II. No person shall throw or deposit any commercial or noncommercial handbill circulars, pamphlets, tracts, or advertisements in or upon any sidewalk, street or other public place within the city. Nothing herein shall prevent any person from handing out, distributing, or selling any commercial handbill on any public sidewalk or pedestrian pathway in conformance with Chapter 13.30 of this code provided, however, that no person shall hand out, distribute, or sell any commercial handbill in any other public place not allowed by Chapter 13.30. Further, it is not unlawful on any sidewalk, street, pedestrian pathway, or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. No person shall post or affix to any pole, tree, car, fence or structure situated therein any kind of handbill, circular, pamphlet, tract, or advertisement.

JJ. Except as otherwise provided in subdivision (1) of this subsection, operate any food establishment (as defined in Section 113780 of the California Health and Safety Code), mobile food facility (as defined in Section 113900 of the California Health and Safety Code), vending machine (as defined in Section 113903 of the California Health and Safety Code), produce stand (as defined in Section 113855 of the California Health and Safety Code), swap meet prepackaged food stand (as defined in Section 113905 of the California Health and Safety Code), temporary food facility (as defined in Section 113895 of the California Health and Safety Code), satellite food distribution facility (as defined in Section 113880 of the California Health and Safety Code), stationary mobile food preparation unit (as defined in Section 113890 of the California Health and Safety Code), mobile food preparation unit (as defined in Section 113815 of the California Health and Safety Code) or open air barbecue facility (as defined in Section 113830 of the California Health and Safety Code).

1. This subsection is not intended to prohibit activities wherein no permanent facilities are used for storing or handling food, nor families, groups, or other organizations which give or sell food to its members and guests at occasional events. For the purposes of this subsection the term "occasional event" means an event that occurs not more than two days in any ninety-day period.

2. This prohibition does not apply to: (a) special events in accordance with Chapter 15.60; (b) a city council sponsored community event; (c) sidewalk vendors in accordance with Chapter 13.30; (d) those who have obtained the necessary permit to hold an event in a city park, at a city recreation center, or community center.

3. The exception found in subdivision (1) of this subsection shall not be construed to allow a person to use park property as a mobile or stationary kitchen, "eating establishment", restaurant or similar purpose to provide food to the general public, including but not limited to a food bank as defined in Section 114445 of the California Health and Safety Code.

(Ord. 2264, 2005; Ord. 1999, 1990: Ord. 1867, 1985)

(Ord. No. 2011-2363, § 1, 7-19-2011; Ord. No. 2018-2452, § 6, 12-4-2018; Ord. No. 2019-2458, §§ 7—10, 5-21-2019)

Dog owners or person with custody, care charge, control, or possession of a dog shall comply with the following:

A. The presence of a dog in a city designated dog park shall constitute implied consent of the person either owning or controlling the dog to the regulations imposed by the city. A dog park means an area within a city park specifically designated by the city as an area for dogs to be "off-leash."

B. Dog parks shall be used during park hours only.

C. Dogs must be keep on a leash going to and from the dog park.

D. A person shall not have more than three dogs within a dog park.

E. Dog leashes, choke chains, prong collars, and head collars (Halti, Gentle Leader, etc.) must be removed before dogs run loose in the dog park.

F. Dog owners or person with custody, care charge, control, or possession of a dog shall not abandon or otherwise leave any off-leash dog unattended or unsupervised within a dog park

G. Dog owners must clean up after their dog(s) using closeable bags and dispose of the waste in a trash receptacle.

H. Dogs must be under vocal control and not cause a public nuisance, safety hazard or harass people, other dogs or wildlife.

I. Aggressive behavior by a dog(s) is not permitted. Dogs must be removed from the dog park at the first sign of aggression.

J. The presence of a dog in a dog park shall constitute a waiver of liability, on behalf of the person either owning or controlling the dog, to the benefit of the City of National City, as well as an agreement and undertaking by the person either owing or controlling the dog to protect, indemnity, defend, and hold harmless the City of National City for any injury or damage caused by the dog.

K. In the event of a dog bite that results in injury requiring medical care to a person or another dog, dog owners shall provide to the injured person or owner or custodian of the injured dog, at the time of the injury, his or her full name, correct dog license information, telephone number, mailing address, and driver's license number.

L. Dogs must have a current dog license as required by Municipal Code Section 18.12.010, and have up-to-date vaccinations. A current dog license may serve as proof of compliance.

M. Under no circumstances shall a sick dog that has been diagnosed with a contagious disease, or that shows signs of illness be allowed in any dog park.

N. Female dogs in estrus (heat cycle) are not allowed within a dog park.

O. Food, pet treats and dog food are not allowed inside the dog park.

P. Dog owners or person with custody of a dog shall not permit their dog(s) to dig holes.

Q. A dog park shall not be used as a children's play-area. No children under the age of sixteen are permitted in the dog park unless accompanied by an adult and are closely supervised.

(Ord. No. 2011-2363, § 1, 7-19-2011)

This chapter may be enforced by any official or officer who is charged by the Municipal Code with code enforcement authority. Violation of any provision of this chapter shall be punishable as a misdemeanor, and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code.

(Ord. No. 2011-2363, § 1, 7-19-2011)