Newark Municipal Code Ch. 12.16 Public Park Regulations

It is the purpose of the city council in the adoption of the regulations codified in this chapter to afford the residents of the city the fullest possible use of recreation facilities within the city. By the adoption of these regulations the city council proposes to protect the facilities which the residents of the city have established and assure that all will have an equal opportunity to use these facilities. The regulations contained in this chapter shall govern the use of all public parks, recreation areas and facilities. Observance of the regulations contained in this chapter shall be a condition precedent to the use by the public of city-owned public parks, recreation areas and facilities.

(Ord. 108 § 1, 1967)

For the purpose of this chapter, the words set out in this section shall have the following meanings:

A. "City manager" means the city manager appointed by the city council.

B. "Parks" means all grounds, bodies of water dedicated to public recreation purposes under the control, management or direction of the city council.

C. "Person" means persons, associations, partnerships, firms and corporations.

(Ord. 108 § 2, 1967)

All persons entering upon land or water owned, managed or controlled by the city may remain on such land or water only so long as they abide by the rules and regulations contained in this chapter or adopted pursuant to regulations of the city council and shall, while on the land or water areas, abide by any instructions and directions of duly authorized employees of the city.

(Ord. 108 § 3, 1967)

A. In addition to any other provision for the enforcement of these regulations, the city manager, or his duly authorized representatives shall have the authority to eject from park and recreation areas, any person acting in violation of the rules and regulations.

B. Failure of such person to leave the property or facility managed or belonging to the city upon being requested to do so by a duly authorized employee of the city for violation of any of these regulations shall be further violation of these regulations.

(Ord. 108 § 4, 1967)

A. It is unlawful for any person to loiter in any park at any time between the hours of ten p.m. and the time of sunrise of the following day, except that extended hours may be authorized for events and activities as authorized by city council resolution.

B. It is unlawful for any person to enter, loiter or remain in any park building or recreation area at any time between the hours of ten p.m. and the time of sunrise of the following day, except that extended hours may be authorized for events and activities as authorized by city council resolution.

C. Notwithstanding the foregoing, it shall be unlawful for any person to enter, remain, or loiter in any park, athletic field, or recreation area and their parking areas on the Fourth of July of each year between the hour of seven-thirty p.m. and the time of sunrise of the following day.

(Ord. 389 § 1, 2003; Ord. 108.2 § 1, 1979: Ord. 108 § 5, 1967)

It is unlawful for any person to mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, fencing, paving or paving material, water lines or other public utilities, or parts or appurtenances thereof, signs, notices, placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

(Ord. 108 § 6, 1967)

It is unlawful for any person to fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. Male persons shall not resort to any restroom and washroom facilities set apart for women, and female persons shall not resort to restroom and washroom facilities set apart for men; provided, that this shall not apply to children accompanied by an adult person.

(Ord. 108 § 7, 1967)

It is unlawful for any person to damage, cut, carve, transplant or remove any tree, plant, wood, turf, or grass, or pick the flowers or seeds of any tree or plant, or attach any rope, wire, or other object to any tree or plant.

(Ord. 108 § 8, 1967)

It is unlawful for any person to climb any tree, or walk, stand or sit upon monuments, vases, fountains, railing, fences or upon any other property not designated or customarily used for such purposes.

(Ord. 108 § 9, 1967)

It is unlawful for any person to hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; or remove or have in his possession the young of any wild animal, or the eggs or nest or young of any reptile or bird.

(Ord. 108 § 10, 1967)

A. Except as provided in subsection B of this section, it shall be unlawful for any person, other than peace officers in the discharge of their duties, to use, carry or possess firearms, air rifles, BB guns, spring guns, bow and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety.

B. Bows and arrows may be brought to a park or facility for use at an established range or for participation in a city-planned or approved archery program.

(Ord. 108 § 11, 1967)

A. Fireworks Unlawful in Parks. It is unlawful for any person to use, discharge, or explode "safe and sane fireworks" as described in Section 12529 of the Health and Safety Code in any park, except as provided in this section.

B. Safe and Sane Fireworks Permitted in Designated Areas. The use or discharge of "safe and sane fireworks" as described in Section 12529 of the Health and Safety Code may be permitted in any park or designated area within any park from 9:00 a.m. on the fourth day of July to ten p.m. on the fourth day of July by resolution of the city council. The city council resolution shall provide for the placement of appropriate signs designating the locations where the use or discharge of "safe and sane fireworks" is not prohibited. The resolution may condition the use or discharge of "safe and sane fireworks" in the designated location as may be deemed appropriate by the city council.

C. Drinking Prohibited in Areas Designated for Fireworks. It is unlawful for any person to partake of any spiritous, malt, vinous, or alcoholic liquor or other alcoholic beverages in or on those areas within any park or any street, sidewalk, parking lot, or public right-of-way abutting or adjacent to those areas within any park that have been designated for the use or discharge of "safe and sane fireworks" pursuant to Section 12.16.115(B).

(Ord. 369, 2001)

It is unlawful for any person to dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash, except in the receptacles provided therefor.

(Ord. 108 § 12, 1967)

It is unlawful for any person to distribute, circulate, give away, throw or deposit for commercial purposes in or on any park and recreation area, any handbills, circulars, pamphlets, papers, or advertisements; or post or affix the same to any tree, fence or structure in any park or recreation area.

(Ord. 108.1 § 1, 1979: Ord. 108 § 13, 1967)

A. It is unlawful for any person to operate or drive a motor vehicle, bicycle, truck, trailer, wagon, motor scooter, skateboard, roller skate, roller blade, in-line skate or other conveyance on any public property not designated as public right-of-way, except:

1. On roads or paths designated by appropriate signs for use by bicycles, skateboards, roller skates, roller blades or in-line skates;

2. A bicyclist may push a bicycle by hand over any grassy areas or trail or path reserved for pedestrian use.

B. It is unlawful for any person to skateboard, roller skate, roller blade or in-line skate on any public property designated as public right-of-way, including but not limited to streets and sidewalks, with a grade of six percent or greater. The city council may by resolution prohibit skateboarding, roller skating, roller blading, or in-line skating on any public right-of-way, including but not limited to streets and sidewalks, having a grade less than six percent when it is determined to be necessary to protect the health, safety and welfare of pedestrians, motorists and/or persons operating skateboards, roller skates, roller blades or in-line skates.

C. Automobiles, bicycles, motorcycles, trucks, trailers, wagons, motor scooters, skateboards, roller skates, in-line skates or other conveyances shall at all times be operated with reasonable regard to the safety of others. In no event shall the maximum speed of any such conveyance exceed ten miles per hour, except as otherwise posted.

D. No such conveyances shall be left unattended in any place or position where other persons may trip over or be injured by them.

(Ord. 358 § 1 (part), 2000: Ord. 108 § 14, 1967)

The city manager is authorized to post or erect or cause to be posted or erected signs prohibiting skateboarding, roller skating or in-line skating or the use of skateboards, roller skates or in-line skates on public streets and sidewalks so designated by resolution of the city council.

(Ord. 358 § 1 (part), 2000)

It is unlawful for any person to engage in any disorderly conduct or behavior tending to a breach of the public peace and enjoyment of park and recreation areas.

(Ord. 108.1 § 2, 1979: Ord. 108 § 15, 1967)

The city manager and his subordinates shall, in connection with their other duties, diligently enforce the provisions of this chapter and shall have the authority to eject from park and recreation areas any person acting in violation of these rules and regulations.

(Ord. 108 § 16, 1967)

All persons entering upon land or water owned, managed or controlled by the city shall obey all ordinances of the city, the laws of the state and the instructions and directions of duly authorized employees of the city with respect to the use of such public facilities.

(Ord. 108 § 17, 1967)

No person shall bring, carry, or transport a dog, cat, or other animal onto the land or water owned, managed or controlled by the city unless such dog, cat, or other animal is securely leashed at all times. A dog, cat, or other animal is securely leashed within the meaning of this section when said dog, cat, or other animal is securely tied, or otherwise fastened, or attached to one end of a chain, cord, rope, or other restraining device, the other end of which is either securely attached to a stationary object, or retained in the possession of some person, or the dog, cat, or other animal is prevented from running at large. No dog, cat, or other animal shall be permitted at swimming pools, or bathing beaches within land owned, managed or controlled by the city; dogs may be permitted to run free in areas which from time to time may be set aside by the governing body of the city for the specific purpose of exercising a dog; provided, however, that the owner or keeper of the dog keeps it under control at all times and does not allow the dog to go beyond the boundaries of the areas so set aside.

(Ord. 108 § 18, 1967)

Persons shall not leave or deposit dogs, cats or other animals, or fowl, or fish, whether dead or alive, within the boundaries of land or water owned, managed or controlled by the city.

(Ord. 108 § 19, 1967)

No person, other than one acting under the authorization, direction or permission of the city manager shall build, light, kindle or maintain any open, or outdoor fire at any place within the boundaries of land or water owned, managed or controlled by the city, except in areas or facilities specifically built and designated for this purpose.

(Ord. 108 § 20, 1967)

No person shall sell, vend, peddle, or distribute any merchandise or property whatever, or sell tickets for dances, or any event whatsoever within the boundaries of land or water owned, managed or controlled by the city, except with the written permission of the city manager.

(Ord. 108 § 21, 1967)

No person who is intoxicated, noisy, disorderly, boisterous, or publicly offensive shall be admitted into or permitted to remain within any park and the city manager or persons in charge shall refuse admittance to any such person and shall eject any such person therefrom.

(Ord. 108 § 22, 1967)

No person shall ride a horse, pony, mule or animal of any description onto or over land owned, managed or controlled by the city other than upon roads and trails designated for horseback riding in areas set aside from time to time by the city specifically for equestrian activity.

(Ord. 108 § 23, 1967)

No person other than one acting under written authority of the city manager shall use, occupy or otherwise remain in a building, structure, facility, parking area, picnic area, campsite, or other area for which a permit is required unless that person possesses a valid permit.

(Ord. 108 § 24, 1967)

A. Golf. No person shall drive, putt, or in any other fashion, play or practice golf or use golf balls on or in a park or any land owned, managed, or controlled by the city.

B. Models. No person shall fly model airplanes on or over land or operate model boats or model vehicles or model craft of any kind or description in a park or any land owned, managed, or controlled by the city, except in areas specifically set aside for these specific activities by resolution of the city council.

C. Alcoholic Beverages. No person shall drink or possess an open container of an intoxicating beverage, other than beer, wine, or champagne, in a park or any land owned, managed, or controlled by the city. This regulation is supplementary to and shall not be deemed to conflict with the more specific requirements of Newark Municipal Code Chapter 9.25. D. Smoking. Smoking or the disposing of any tobacco-related waste is prohibited within twenty-five feet of a playground or tot lot sandbox area, as measured from the edge of the resilient surface of safety material.

E. Amplified Sound. No person shall use amplified sound in a park or any land owned, managed, or controlled by the city. For purposes of the section, "amplified sound" shall mean sound that is audible to a reasonable person at a distance of fifty feet from the source of the sound.

F. Tennis Courts. Tennis courts operated by the City of Newark are for tennis play only. Activities such as soccer, skating, skateboarding and any other activity not directly related to playing the game of tennis are prohibited at all times.

(Ord. 386 § 1, 2003: Ord. 108 § 25, 1967)

(Ord. No. 453, § 1, 3-8-2012)

It shall be unlawful for any person to carry in any public park or recreation area any hatchet, axe, machete, brush knife or any other device other than pocket knife, capable of cutting, defacing or mutilating trees or shrubs, without permission of duly authorized representatives.

(Ord. 108 § 26, 1967)

No person shall play or engage in an active sport, except on grounds set aside for such purpose.

(Ord. 108 § 27, 1967)

No person shall injure, deface or destroy any notice, rules, or regulations for the government of parks, posted or in any manner permanently fixed by order or permission of the city manager nor fix any bills or notices in said parks.

(Ord. 108 § 28, 1967)

It is unlawful for any person to wash or repair any motor vehicle within any public park area.

(Ord. 108 § 29, 1967)

No person shall wear footgear that will damage, injure or create the need for excessive maintenance on any field, court, deck, floor, turf, or specialized surface prepared for particular games or activities. In areas posted with a sign specifying footgear authorized or approved, it shall be unlawful for any person to enter any such area in other than the footgear so posted.

(Ord. 108 § 30, 1967)

The city council shall, by resolution, establish a priority for use of the community center building and facilities, the procedure for obtaining a permit for the use of the facilities and permit fees in order to defray administrative costs of processing permit applications.

(Ord. 108 § 31, 1967)

Violation or failure to comply with any provision of this chapter shall constitute an infraction and shall be punishable in accordance with the provisions set forth in Chapter 1.16 of this code.

(Ord. 270 § 12, 1990: Ord. 108 § 33, 1967)