Chapter X — PARKS AND RECREATIONAL FACILITIES

Sections:

10-1 - Purpose.

The purpose of this chapter is to regulate the use of the parks and recreation buildings of the city in order that all persons may enjoy and make use of such parks and buildings and to protect the rights of those in the surrounding areas.

(Ord. No. 396, § 1)

10-2 - Definitions.

As used in this chapter:

"Parks" shall mean and include all parks, playgrounds, greenbelts, open space, median strips, and other areas dedicated to use for park or recreation purposes, which are owned by, dedicated to, leased to, or operated or maintained by the city.

"Director" shall mean and refer to the director of the department of parks and recreation.

"Amplified music" shall mean music projected and/or transmitted by electronic equipment including but not limited to, amplifiers, loudspeakers, or any similar device.

"Amplified speech" shall mean speech projected and/or transmitted by electronic equipment including but not limited to, amplifiers, loudspeakers, or any similar device.

"Permit" shall mean written authorization from the director for a specified use of a park, a portion thereof, or a building.

"Buildings" shall mean and include those buildings, or any portions thereof, which are under the supervision of the department of parks and recreation (whether or not owned by the city) and made available to permittees.

"Permittee" shall mean a person who has been granted a permit.

"Exclusive use" shall mean right to use a park, or area thereof, or building for an activity at a specified time period, to the exclusion of other citizens.

"Publicize" shall mean to inform the public of a planned activity by means of newspaper articles, notices, radio or television notices, announcements at public places, leafletting, posting signs or written notices in places used by the public, or by any other means calculated to notify the public of any activity.

"Parade" shall mean an organized march or procession of persons, animals, or vehicles, or combination thereof whose march route crosses park property.

"Permit application fee" shall mean the fee(s) to be paid by an applicant for a building or park permit. The fee(s) shall be set by the city council and shall cover the full costs (or a portion thereof) of processing and investigating the application, and administering the building and park permit program.

"Public at large" shall mean members of the public generally, rather than limited to specific or particular persons or invitees.

"Commercial activity" shall mean any use of a park or building for the conduct of a recreational activity, class, instruction, function, or any other use where the participants in such use or activity are charged a fee, charge, dues or exchange any other thing of value by the organizer, instructor, or other individual or entity in exchange for participation in said use or activity. Commercial activity shall not include uses or activities sponsored by the city.

"Open space or open space land" shall mean any parcel or area of land or water which is essentially unimproved and devoted to open-space use as defined in section 65560 of the Government Code.

(Ord. No. 396, § 2; Ord. No. 1051, § 1)

(Ord. No. 1547, § 1, 3-9-2009; Ord. No. 1706, § I, 10-10-2023; Ord. No. 1709, § I, 11-14-2023)

10-3 - Compliance Required.

No person shall enter, be or remain in any park or building of the city unless he complies with all of the regulations set forth in this chapter applicable to such park or building.

(Ord. No. 396, § 3)

10-4 - Park Permit Required.

A park permit is required for any of the following uses of park property:

For exclusive use of a city park or portion thereof.

For any activity or event which utilizes amplified music or amplified speech (see section 10-16).

For any activity or event which the public at large is permitted to attend.

For any commercial activity.

For any activity which includes an open flame, or a flame within any apparatus including, but not limited to, any fire pit, barbeque, or other container or receptacle of whatever kind brought onto park grounds by any person or provided by, owned, or maintained by the City of Novato.

For the sale or barter of any goods, wares, merchandise, food or beverage (see section 10-29).

To sponsor or conduct any activity or event in a park, or portion thereof, in which 75 or more persons will participate/attend, or which is publicized prior to the date of the activity, including but not limited to the following: a picnic, dance or other social gathering; group meeting, rally, parade; play, musical event, art show, craft show, or other show, performance or exhibition.

For any use, activity or event listed as requiring a park permit in the city's park/facility use policies, as the same may be amended from time to time.

For the possession, consumption, dispensing, or furnishing of alcoholic beverages.

(Ord. No. 396, § 4; Ord. No. 1051, § 2)

(Ord. No. 1547, § 2, 3-9-2009; Ord. No. 1665, § 3, 9-22-2020; Ord. No. 1706, § II, 10-10-2023; Ord. No. 1709, § II, 11-14-2023)

10-5 - Park Application.

Any person applying for a park permit hereunder shall file an application for such permit with the director not less than 20 days nor more than 90 days prior to the proposed use of the park. The director may waive the application deadline for good cause if sufficient time remains to process and investigate the application and for the city to prepare for the activity. Good cause can be demonstrated by the applicant showing that the

circumstance which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed and that the event is for the purpose of exercising the right of free speech.

All applications for a park permit must be signed or cosigned by a person 18 years of age or older who shall agree to be responsible for the requested use of the park.

(Ord. No. 396, § 5; Ord. No. 1051, § 3)

10-6 - Contents of Park Application.

The application shall contain the following:

Name of the applicant, the sponsoring organization, and the name of the person in charge of the proposed activity.

The addresses and telephone numbers of those named in paragraph a above.

The park being applied for.

The starting time of the proposed activity.

The finishing time of the proposed activity.

The number of persons expected.

[Reserved.]

The nature of the proposed activity or activities including equipment and vehicles to be brought into the park, nature and duration of the use of such equipment, nature and duration of the use of any amplified sound, whether speech or music.

[Reserved.]

Whether alcoholic beverages are proposed to be consumed, dispensed or furnished as part of the proposed activity.

(Ord. No. 396, § 6; Ord. No. 1185, § 2)

(Ord. No. 1547, §§ 3, 4, 3-9-2009)

10-7 - Action on Park Application.

The director shall grant or deny such application on or before four business days after the filing of the application unless the time for such granting or denial of the permit has been waived by the applicant in writing. Notice of denial shall be delivered personally or mailed to the applicant.

The director, upon granting a park permit, may impose reasonable conditions respecting the time, place and manner of use of the park, and such requirements as are necessary to protect the safety of persons, public and private property, and the control of noise and traffic, provided such conditions shall not unreasonably restrict the right of free speech. Such conditions include but are not limited to the following:

Alteration of the time or location of the proposed activity.

Requirements for use of monitors or security personnel.

Restrictions on use of amplified sound (see section 10-16) and noise levels generated by motors and other equipment in the park.

Requiring the applicant to obtain any legally required permit or license.

Requirements for notifying participants at the proposed activity of the terms and conditions of the permit, and park rules and regulations.

Inspection and approval for safety by city personnel or the fire district of stages, booths, or other structures to be erected in the park.

The director may grant the application for a park other than that applied for with the consent of the applicant in the event that a permit has already been issued for the park or the park does not meet the needs of applicant

or is otherwise unsuitable. In the event that more than one application is received for one park for use on the same day, the director shall first act upon the application first received.

The director shall approve the application unless he finds from a consideration of the application, or other pertinent information that any of the following conditions exist:

The proposed park, or portion thereof, is too small to accommodate the number of persons expected to participate in the activity.

That the proposed activity is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the park activity, or areas contiguous thereto, as to hinder normal police protection to the rest of the city. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of police officers available to police the event. The determination as to whether a park permit shall be denied for this ground shall be made by the chief of police of the Novato police department after conferring with the director.

The proposed activity would conflict with a previously planned, city-sponsored event at or near the location requested by the applicant.

That the applicant refuses to agree in writing to comply with all terms and conditions of the permit.

That the applicant fails to file a timely application, unless waived by the director.

A prior application for a permit to use the same location at a conflicting time has been received and such application has been or will be approved.

Information contained in the application is found to be false in any material detail, or the applicant fails to complete the park application form after having been requested to do so.

The nature or size of the proposed activity would be reasonably likely to damage park property, or property adjacent to the park, provided that the director shall not consider the content of expression which is proposed or anticipated at the activity.

The proposed activity is prohibited by law. Such denial shall specify the grounds therefor. Whenever a park application is denied, the director shall state the grounds for denial in writing. When a change in the location, date, or time of the activity would allow approval of the application, the director shall propose an alternative location, date, or time for the activity.

The proposed activity includes an open flame or a flame within any apparatus pursuant to subsection 10-4 e. during a month of high or very high fire risk, or any time during which a local, state, or federal public agency with authority for fire prevention and/or fire services advises and/or issues a warning of increased fire risk due to weather or other conditions.

(Ord. No. 396, § 7; Ord. No. 1051, § 4, 5)

(Ord. No. 1547, § 5, 3-9-2009; Ord. No. 1706, § III, 10-10-2023; Ord. No. 1709, § III, 11-14-2023)

10-8 - Exclusive Use of Buildings.

A permit is required to sponsor or conduct any activity in the city's recreational buildings other than city- sponsored events. No building permit will be granted if, prior to the time the application was filed, the city has scheduled a city-sponsored event at the same time and place as the activity proposed in the application. Closing time of each building shall be set by the director and shall be uniformly applied.

All applications for a building permit shall be signed or cosigned by a person 18 years of age or older who shall agree to be responsible for the requested use of the building.

(Ord. No. 396, § 8; Ord. No. 1051, § 6)

10-9 - Building Application.

Any person applying for a building use permit hereunder shall file an application for such exclusive use permit for a building to the director not less than 20 days prior to the proposed use of the building. The director shall waive the application deadline for good cause if sufficient time remains to process and investigate the application, and for the City to prepare for the requested use.

Good cause can be demonstrated by the applicant showing that the circumstance which gave rise to the permit application did not reasonably allow the participants to file during the time prescribed and that the event is for the purpose of exercising the right of free speech.

(Ord. No. 396, § 9; Ord. No. 1051, § 1; Ord. No. 1206, § 1)

10-10 - Contents of Building Application.

The application shall contain the following:

Name of the applicant, the sponsoring organization and the name of the person in charge of the proposed activity.

The addresses and telephone number of those named in a above.

The room or building applied for.

The starting time of the proposed activity.

The finishing time of the proposed activity.

The number of persons expected to attend the activity.

[Reserved.]

Nature of the proposed activity or activities, including equipment to be brought into the building, and the nature and duration of the use of such equipment.

(Ord. No. 396, § 10)

(Ord. No. 1547, § 6, 3-9-2009)

10-11 - Action on Building Application.

The director shall grant or deny such application on or before four business days after the filing of the application unless such other time for action on an application for certain park buildings has been approved by the city council, or the time for such granting or denial of the permit has been waived by the applicant in writing. The decision granting or denying such application shall be delivered personally or mailed to the applicant.

The director, upon granting such permit may impose reasonable requirements and conditions concerning the use of said building with respect to time and duration of use and number of persons allowed in the building, the type of structures erected, inspection of structures for safety by city personnel, use of monitors, and cleanup of building. The number of persons at the activity shall not exceed the occupancy load of that building.

The director may grant the application for a building other than that applied for with the consent of the applicant in the event that a permit has already been issued for the building or that the building does not meet the occupancy load requirements. In the event that more than one application is received for one building for use at the same time, the director shall first act upon the application first received.

The director shall approve the application unless he finds from a consideration of the application or other pertinent information that any of the following conditions exist:

That no building with the required occupancy load capacity is available.

That the applicant refuses to agree in writing to comply with the conditions in the permit.

That the applicant fails to file a timely application, unless waived by the director.

Information contained in the application is found to be false in any material detail, or the applicant fails to complete the park application form after having been requested to do so.

A prior application for a permit to use the same building at a conflicting time has been received and such application has been or will be approved.

The proposed activity would conflict with a previously planned city-sponsored event in the building.

The nature of the proposed activity would be reasonably like to damage the building or city equipment within.

The proposed activity is prohibited by law. Whenever a building application is denied, the director shall state the grounds for denial in writing. When a change in time or building required would allow approval of the application, the director shall propose an alternative time or building for the activity.

(Ord. No. 396, § 11; Ord. No. 1051, § 8, 9)

(Ord. No. 1547, § 7, 3-9-2009)

10-12 - Right of Appeal.

The applicant shall have the right to appeal the denial of a permit or permit condition. The applicant shall also have the right to appeal the refusal of the director to waive the deadline for applying for a permit, or the amount of fees or deposits required for the permit. The applicant must file the appeal with the city clerk within five days of the director's mailing or personal delivery of such decision stating the grounds for the appeal. The city council shall act on the appeal at its next regular meeting. Regular meetings of the city council are scheduled in accordance with section 2-1 of this code (usually the first and third Tuesday of each month). The appeal must be filed not later than noon one week preceding a city council meeting to be placed on the next meeting's agenda. The city council shall affirm, modify, or reverse the decision of the director. The decision of the city council is final.

If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled, the applicant may, at his option, request that the city clerk schedule the appeal before the city manager. The city manager shall hold a hearing within three business days of the filing of the appeal at the office of the city manager at which time the applicant may present any and all evidence, testimony and information relevant to the application. The city manager shall within one business day of the appeal hearing issue his decision and shall affirm, modify, or reverse the decision of the director. If the appeal is heard before the city manager, the decision of the city manager shall be final. The city manager shall specify his grounds for denial.

cant may present any and all evidence, testimony and information relevant to the application. The city manager shall within one business day of the appeal hearing issue his decision and shall affirm, modify, or reverse the decision of the director. If the appeal is heard before the city manager, the decision of the city manager shall be final. The city manager shall specify his grounds for denial.

(Ord. No. 396, § 11; Ord. No. 1051, § 10)

10-13 - Fees and Deposits.

Upon the granting of a permit under this chapter, any fees or deposits which are adopted by the city council required for the use of city personnel, buildings, equipment, parks and facilities shall be contained in the permit and the fees or deposits shall be paid by the applicant within ten business days of the receipt of the permit. If the fees or deposits are not paid within ten business days, then in that event the permit theretofore issued shall be null and void.

(Ord. No. 396, § 13; Ord. No. 1051, § 11)

(Ord. No. 1547, § 8, 3-9-2009)

10-14 - Indemnification and Insurance.

Indemnification. Prior to the issuance of a permit, the permit applicant and authorized officer of the sponsoring organization (if any) must sign an agreement to reimburse the City of Novato for all costs incurred by it in repairing damage to city property occurring in connection with the permitted activity and caused by the permittee/sponsoring organization, its officers, employees, or agents, or any person who was, under the permittee's/sponsoring organization's control. The agreement shall also provide that the permittee/sponsoring organization shall defend the city against, and indemnify and hold the city harmless from any liability to any persons resulting from any damage or injury in connection with the permitted activity caused by the actions of the permittee/sponsoring organization, its officers, employees or agents, or any person who was under the permittee's/sponsoring organization's control.

Insurance. Insurance coverage in the type and amount specified by the city manager or designee shall be required for the following activities and events unless the event is a city event.

Any activity or event involving the exhibition, display or parading of animals;

Rodeos;

Circus and carnivals;

Any activity or event involving the sale or barter of goods, wares, merchandise, food or beverages;

Any activity or event involving vehicle or animal racing;

Any activity or event involving the use or erection of mechanical amusement devices of any kind;

Motorized sporting events;

Tractor/truck pulls;

Boxing (including practice);

Wrestling (including practice);

Hockey (including practice);

Contact karate events (including practice)

Rodeos and roping events (including practice)

Aircraft and balloon events;

Professional sporting events;

Pyrotechnical uses/fireworks shows;

Any activity or event involving the use or erection of moonbounces, jump houses and/or trampolines;

Any activity or event involving the use or erection of tents;

Concerts;

Any activity or event involving 150 or more persons (based on reasonably anticipated attendance at activity);

Any activity or event which involves large displays of machinery or any large physical object which could come into physical contact with persons or property and cause injury;

Any commercial activity;

Any activity or event listed in the city's park/facility policies as requiring insurance, as the same may be amended from time to time.

A copy of the policy or certificate of insurance, along with all necessary endorsements, must be filed with the director no less than five business days before the date of the event unless the director for good cause waives the filing deadline. Such insurance shall name on the policy or by endorsement as additional insured the City of Novato, Redevelopment Agency of the City of Novato, City of Novato Public Finance Authority and their respective officials, officers agents, employees and volunteers. insurance coverage must be maintained for duration of the activity. The permit shall not be issued by the director until after the insurance policy or certificate of insurance, along with necessary endorsements, have been filed by the applicant/sponsor and approved by the director. Providing insurance for a specific activity identified herein is not a guarantee that a permit will be granted for said activity.

First Amendment Activities. The insurance requirements of subsection b above shall be waived by the director for First Amendment activities if either of the following conditions is satisfied.

The applicant or an officer of the sponsoring organization signs a verified statement that he or she believes the activity's purpose is First Amendment expression, and that he or she has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression, or that the organization has been unable to obtain insurance coverage for the event. The statement shall include the name and address of one insurance agent or other source for insurance coverage contacted to determine the availability of insurance coverage; or

The City of Novato may determine to require the applicant/sponsor to apply for insurance coverage for the activity under a policy selected by the City of Novato. The applicant/sponsor must provide any information pertinent to qualifying for the insurance coverage. The premium for the insurance coverage will be paid by the City of Novato rather than the applicant/sponsor.

(Ord. No. 396, § 14; Ord. No. 1051, § 12; Ord. No. 1205, § 1)

(Ord. No. 1547, § 9, 3-9-2009)

10-15 - Violation of Permit.

Violation of any of the terms and conditions of the permit by the permittee, or any agent, servant or employee of the permittee, is an infraction.

(Ord. No. 396, § 15; Ord. No. 1051, § 13; Ord. No. 1056, § XXIII)

10-16 - Amplified Sound.

The use of any system for amplifying sounds, as defined in section 10-2c and d, whether for speech or music or otherwise, is prohibited in any park unless an exclusive use permit is first obtained. The director, upon granting a permit for use of any amplified sound system, may impose reasonable conditions concerning the location and position of the sound system, and the maximum decibel level to minimize the amount of amplified sound audible in adjacent park areas and neighborhoods.

(Ord. No. 396, § 16; Ord. No. 1051, § 14)

10-17 - Golf.

No person shall play or practice golf or use golf clubs in any area of a park not designated for such use.

(Ord. No. 396, § 17)

10-18 - Model Airplanes.

No person shall operate any motor-driven airplane, rocket, or other flying model in a park.

(Ord. No. 396, § 18; Ord. No. 1051, § 15)

10-19 - Parking.

No person shall operate or park any vehicle as defined in the California Vehicle Code within a park, except upon areas designated for such use. No person shall park, abandon, or otherwise allow to remain, any such vehicle or other conveyances in city park facilities between the hours of 10:00 p.m. and 6:00 a.m. except with written permission of director of parks and recreation, or as otherwise posted.

(Ord. No. 396, § 19)

10-20 - Skateboards, In-Line Skates, Skates, Bicycles and Animals.

10-20.010 Prohibitions. No person shall operate, drive or ride upon any skateboard, in-line skates or skates, bicycle, unicycle, horse or any other animal in any park or park areas except in areas posted and designated for such use.

(Ord. No. 396, § 20; Ord. No. 1332, § 1; Ord. No. 1390, § 1)

10-20.020 Novato Skatepark—Skateboards and Skating Permitted. Novato Skatepark is hereby designated a public recreational park in which skateboarding, in-line skating and skating are permitted.

(Ord. No. 1390, § 1; Ord. No. 1467 § 1)

10-20.040 Helmet, Elbow and Knee Pads Required. It shall be unlawful for any person riding a skateboard, in- line skates, and skates at the Novato Skatepark, or any other designated public recreational park or area in which skateboarding, in-line skating and skating is permitted, to fail to wear a helmet, elbow pads and knee pads.

(Ord. No. 1390, § 1; Ord. No. 1467 § 3)

10-21 - Litter.

No person within any park shall leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor.

(Ord. No. 396, § 21)

10-22 - Interference.

No person within any park or building shall use or attempt to use or interfere with the use of any table, space or facility within said park or building which at the time is reserved for any other person or group which has received a permit from the director therefor. Unless the actual use of table, space, area, building, or facility referred to in any such permit is commenced within one hour after the period covered by such permit begins, such permit shall thereupon be void and all rights under such permit may be cancelled by the director.

(Ord. No. 396, § 22)

10-23 - Posted Regulations.

No person shall engage in any activity in any park contrary to regulations the director has caused to be posted therein prohibiting certain activities in certain areas or otherwise controlling conduct therein. No person shall

disobey any lawful order by an employee of the parks and recreation department made pursuant to the rules and regulations of this chapter.

(Ord. No. 396, § 23; Ord. No. 1051, § 16)

10-24 - Weapons.

No person shall discharge or shoot any firearm, air gun, slingshot or bow and arrow in any park except at places designated and posted specifically for such purpose.

(Ord. No. 396, § 24)

10-25 - Flora.

No person other than a duly authorized city employee in the performance of his duty or persons participating in city-sponsored activities shall dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any park.

(Ord. No. 396, § 25)

10-26 - Removal of Turf or Soil.

No person other than a duly authorized city employee in the performance of his duty shall remove any wood, turf, grass, soil, rock, sand or gravel from any park.

(Ord. No. 396, § 26)

10-27 - Marking, Injuring or Disturbing any Structure.

No person other than a duly authorized city employee in the performance of his duty shall:

Cut, break, injure, deface, or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park.

Mark or place thereon any mark, writing or printing.

Attach thereto any sign, card, display or other similar device, except as authorized by permit.

(Ord. No. 396, § 27)

10-28 - Fires.

Except as may be permitted with a park permit under this chapter, no person shall light, start, kindle, or maintain any fire in any park.

No person shall leave a fire in an area unattended by an adult or leave a location where a fire has been started, kindled and/or maintained until the fire has been completely extinguished and is cold to the touch.

Notwithstanding subsection a., above, or any other provision of this code, no person shall light, start, kindle, or maintain a fire in any open space.

Except as provided in subsection a., above, or any other provision of this code, no person shall light, start, kindle, or maintain a fire on city-owned property.

(Ord. No. 396, § 28)

(Ord. No. 1665, § 4, 9-22-2020; Ord. No. 1706, §§ IV, V, 10-10-2023; Ord. No. 1709, §§ IV, V, 11-14-2023)

10-29 - Solicitation or Sale.

No person shall sell or offer for sale or barter, any goods, wares, or merchandise, food or beverage in any park, unless upon prior written authorization by the director. Written authorization for the sale/barter of the aforementioned items may be denied when the director determines that the sale/barter is not compatible with park activities and uses, provided that a denial shall not prohibit conduct protected by the First Amendment.

(Ord. No. 396, § 29; Ord. No. 1051, § 17)

10-30 - Hours of Use.

It shall be unlawful for any person to enter or remain in or on any city park facility at any time between the hours of 10:00 p.m. and 6:00 a.m. except as may be otherwise directed by the director and posted at the entrance to the facility or with the written permission of the director of parks and recreation.

(Ord. No. 396, § 30; Ord. No. 1051, § 18)

10-31 - Climbing Trees or Other Objects.

No person other than a duly authorized city employee in the performance of his duty shall climb any tree, or walk, stand or sit upon monuments, vases, fountains, railings, or upon any other property not designated or customarily used for such purposes.

(Ord. No. 396, § 31)

10-32 - Automobiles and Other Conveyances.

It shall be unlawful for any person to operate or drive an automobile, bicycle, motorcycle, truck, trailer, wagon, motor scooter, or other conveyances on other than roads or paths designated for that purpose except with permission of the director. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or trail or path reserved for pedestrian use. Automobiles, bicycles, motorcycles, trucks, trailers, wagons, motor scooters 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 10 miles per hour except as

otherwise posted. All such conveyances when left unattended shall be parked in an area and manner designated. No such conveyance shall be left unattended in any place or position where other persons may trip over or be injured by them.

(Ord. No. 396, § 32)

10-33 - Domestic Animals.

All dogs and other domestic animals shall at all times be kept on leash while within a city-owned park and shall under no circumstances be permitted in those areas from which they are prohibited by posted notice.

Notwithstanding subsection (a) above, Dogbone Meadow, the fenced dog park at O'Hair Park (dog park) is designated as an area where dogs may be off leash subject to the rules and regulations set forth in subsection (c) below.

The following rules and regulations shall apply to the dog park:

Dog(s) must be accompanied by an owner or person having custody (hereafter, "owner/handler") of the dog(s). Owner/handler must be present inside the fenced area at all times with their dog(s).

Dogs exhibiting aggressive behavior shall not be permitted within the dog park. An owner/handler of a dog(s) which has displayed any aggressive behavior shall remove the dog(s) from the dog park immediately. Aggressive behavior is established if a dog has been found to display menacing or threatening behavior or bites any person or domestic animal or has been found to otherwise threaten or endanger the safety of any person or domestic animal.

No person shall have more than three dogs within the dog park at any one time.

Upon a dog depositing feces within the dog park, owner/handler of said dog shall immediately remove said feces and discard in an appropriate waste receptacle.

An owner/handler shall have in his/her possession proof of valid dog license for dog(s) in their possession at all times while in the dog park.

No person shall enter or remain in the dog park between sunset and sunrise.

(Ord. No. 1474, § 1)

10-34 - Designated Areas.

The director may select or designate special areas and facilities at any park which may be limited to special uses, at all times, or at specified times. Such uses include, but are not limited to, picnic area, sports areas, and toddler areas.

(Ord. No. 1051, § 19)

10-35 - Duties of Permittee/Sponsor of Activity.

Each permittee/sponsor of an activity shall comply with all terms and conditions of the permit issued under this chapter.

Each permittee/sponsor of an activity shall ensure that the person in charge of the activity shall carry the permit issued under this chapter on his person during the duration of the activity.

Each permittee/sponsor of an activity shall ensure that the park area or building used for the permitted activity is cleaned and restored to the same condition as existed prior to the activity.

(Ord. No. 1051, § 20)

10-36 - Temporary Rules and Regulations.

The city manager may establish temporary rules and regulations as may from time to time be necessary for the proper administration and regulation of conduct in the city's park and recreation areas due to emergencies or other circumstances not practicable to be referred to the city council. Any such temporary rules or regulations shall be posted in or near the entrance way in each park or recreation area and all persons using the facilities shall comply therewith. No such temporary rule or regulation shall remain in effect unless confirmed by the council at its next regularly scheduled meeting.

(Ord. No. 396, § 36)

10-37 - Violation and Penalty.

Any persons, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction shall be punished as specified in subsection 1-5.1.

(Ord. No. 396, § 37; Ord. No. 1051, § 21; Ord. No. 1056, § XV)

10-38 - Enforcement.

The following designated employee positions may enforce the provisions of this chapter by the arrest or by the issuance of citations. Persons employed in such positions and authorized to exercise the authority provided in Penal Code Section 836.5 are authorized to issue citations with the approval of the director of parks and recreation for any violations of the provisions of this chapter. The designated employee positions are:

Director of parks and recreation; or

The designee of the director of parks and recreation.

It shall be the duty of the chief of police of the city to render any and all necessary assistance to the director of parks and recreation for the enforcement of this chapter.

(Ord. No. 1056, § XVI)

10-39 - Reserved.

Editor's note— Ord. No. 1597, § 2, adopted Feb. 24, 2015 repealed § 10-39 in its entirety, which pertained to camping prohibited and derived from Ord. No. 1292, § 1.