Nevada City Municipal Code Ch. 12.12 Public Parks, Trails and Other City Properties

Footnotes:

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Editor's note— Ord. No. 2018-04, § II (Exh. A), adopted June 27, 2018, repealed the former Ch. 12.12, and enacted a new Ch. 12.12 as set out herein. The former Ch. 12.12 pertained to public parks and derived from Ord. No. 376, §§ 1—3, 1976; Ord. No. 79-4, §§ 1—3, 1979; Ord. No. 92-04, §§ 1, 2, 1992; Ord. No. 94-07, § 1, 1994; Ord. No. 95-05A, § 1, 1995; Ord. No. 2007-05, §§ 1,2, 9-12-2007; Ord. No. 2013-02, § I, 4-24-2013; Ord. No. 2013-04, § I, 5-3-2013.

As

used in this chapter, the following terms shall have the meanings indicated:

"City"

means the City of Nevada City.

"Fountain"

means any such facility located within the boundaries of a public park.

"Other

City properties" means other property owned by the City but not yet developed or improved for public use, currently including the Stiles Mills property; the old Airport property; Sugarloaf Mountain; and Penzance Park (see Exhibit "A" to Chapter 9.18 for maps of some City properties.)

"Public

parks" mean City-owned or managed property improved and operated as a park for public use and enjoyment, currently including Robinson Plaza; Calanan Park; and Pioneer Park, including Seaman's Lodge and adjacent parking.

"Swimming

pool" means the swimming pool in Pioneer Park.

"Tennis

court" means the two tennis courts in Pioneer Park.

"Trails"

mean established paths improved for pedestrian travel on land owned by the City or over which it has an easement for public passage, together with trails accessing those trails and parking serving those trails, currently including trails on and accessing Hirschman's Pond & Diggins; Little Deer Creek Trail; trails on Indian Trails; Miners Trail; including easement under highway bridge; Tribulation Trail; the Tribute Trail system, including Nisenan Trail & bridge & trail on North side of Deer Creek; and trails on Sugarloaf Mountain.

(Ord. No. 2018-04, § II (Exh. A), 6-27-2018)

A. Public parks:

1. Pioneer Park shall be open for public use between the hours of 7:00 a.m. and 11:00 p.m., except when Seaman's Lodge is being used for a special event or use that runs later the hours for public use of Seaman's Lodge and adjacent parking is extended an hour to midnight. Hours for use of other facilities such as the tennis courts, swimming pool and ball diamonds shall be as posted.

2. Robinson Plaza and Calanan Park shall be open for public use from 7:00 a.m. to midnight.

B. Trails: Improved trails shall be open for public use from sunrise until thirty (30) minutes after sunset.

C. City properties not open to the public: The City Wastewater Treatment Plant, Water Plant, Public Works Yard and Fire Department properties are not open to the public and activities thereon are limited to only those authorized by the City.

D. Other City properties shall be open for public use from sunrise until thirty (30) minutes after sunset, unless posted otherwise.

(Ord. No. 2018-04, § II (Exh. A), 6-27-2018)

A. Unless otherwise specifically authorized by the City or its designee, it is unlawful for any person to enter upon or engage in any activity within or upon any public park, trail, or other City property other than during the hours of operation when open to the public as provided in section 12.12.020

B. It is unlawful for any person to ride or lead or otherwise have or use a horse or any other equine animal within the confines of any public park, trail or other City property or to knowingly permit such animal to be within or upon such property

C. It is unlawful for any person to have or use a motorcycle or motor-driven cycles within the confines of any public park, trail or other City property.

D. It is unlawful for any person to possess or have under his or her control any liquid container made wholly or partially of any glass or ceramic material within the confines of any public park, trail or other City property.

E. Open burning of any combustible material for any purpose is prohibited on all trails, other City properties, and public parks, excepting only safe and responsible fires in permanent fireplace structures in Pioneer Park intended for grilling as allowed by section 8.08.010.B.

F. All smoking is prohibited in or on any public parks, trails or within other City properties pursuant to chapter 8.24.

G. It is unlawful for any person to urinate or defecate in or on any public park, trail or other city property, except in public restrooms provided for such purpose, if any.

H. Dumping of any litter, garbage, rubbish, debris or other refuse at any place, including public parks, trails and other City properties is prohibited by sections 8.04.020.K and 8.12.020, so whatever is taken in must be taken out.

I. Obstruction of free movement in public parks, trails or on other City properties is prohibited by section 9.14.040.

J. Camping without approval is prohibited by section 9.14.045.

K. Discharge of any firearm or air gun, BB gun, or any toy gun or any other device, projecting lead or any missile is prohibited by section 9.12.

L. In addition to the restrictions on consumption or possession of alcohol on various public properties as set forth in Chapter 9.18, it is unlawful to consume or have possession of any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken or the contents of which have been partially removed within the confines of any public park, trail or other City property, except by permit.

M. Dogs must be under the control of a competent person and restrained by a substantial chain or leash pursuant to section 6.16.110, except as otherwise provided under section 12.12.040 on the lower field of Pioneer Park.

N. Use of trails is restricted to staying on the improved trails and rest areas.

(Ord. No. 2018-04, § II (Exh. A), 6-27-2018)

In addition to the conduct prohibited on all City properties by section 12.12.030, and other use regulations as may be posted on site, the following restrictions apply to use of certain facilities:

A. Pioneer Park:

1. It is unlawful for any person to ride a skateboard, coasters or similar devices in Pioneer Park.

2. Unless a different area has been designated by the city council as provided in section 6.12.010.B.1, dogs may be run or exercised off leash under voice control only on the lower field of Pioneer Park in compliance with the restrictions in said section 6.12.010.B.1 precluding interference with use by others.

B. Tennis courts:

1. No person shall tread upon, or engage in any activity upon, any tennis court except when wearing tennis shoes.

2. No person shall take or carry onto, or use upon any tennis court any cycle, skates, skateboard, coasters or similar devices.

3. No person shall take or carry onto any tennis court, or consume thereon, any food or beverage of any kind other than water.

C. Swimming pool: No person shall throw, drop or otherwise place in any swimming pool or fountain any rock, can, bottle or other debris of any kind.

(Ord. No. 2018-04, § II (Exh. A), 6-27-2018)

(Ord. No. 2018-04, § II (Exh. A), 6-27-2018)

(Ord. No. 2018-04, § II (Exh. A), 6-27-2018)

Unless a different penalty is specified for such violation under another chapter of this Code, any person violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof, shall be punishable by a fine not exceeding one hundred dollars ($100) for the first violation; a fine not exceeding two hundred dollars ($200) for a second violation within one (1) year; and a fine not exceeding five hundred dollars ($500) for a third violation within one (1) year. A fourth and subsequent violations within any twelve (12) month period shall be punishable as a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in the count jail not exceeding six (6) months, or by both such fine and imprisonment and may be barred from using the City properties upon which the violations occurred.

(Ord. No. 2018-04, § II (Exh. A), 6-27-2018)