Chapter 12.28 — PARKS

In this chapter, unless the context otherwise requires: "Department" means the Department of Parks and Recreation Services of the city. "Director" means the Director of the Department of Parks and Recreation Services of the city or his or her authorized representative. "Fee facility" means a building, structure, or park facility or portion thereof which is rented for a fee and reserved for the exclusive use of an individual or group.

"Park facility" means the body of water, land, campsite, recreation area, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the Department of Parks and Recreation Services. "Sports field" is any flat turf or dirt area regularly and routinely used for athletic contest such as baseball, soccer, football, and ultimate frisbee. (Prior code § 8-601)

The Director shall, in accordance with the recommendations of the Parks and Recreation Commission, administer parks and park facilities. (Prior code § 8-602)

A. The operating hours of each park facility is from dawn to dusk. However, a lighted facility may be used for the specific purpose of that facility during the hours designated and posted for that use. No person may enter, remain in, or camp in or on a park facility during the hours a park facility is closed without a permit from the Director. B. The Director may close a park facility and require all persons to vacate the facility when he or she determines that conditions exist which present a hazard to the facility or to public safety. (Prior code § 8-603)

Subject to review and approval by the Parks and Recreation Commission, the Director may adopt and shall post regulations governing the use of a park facility. Each regulation shall be consistent with this chapter. (Prior code § 8-604)

A. Each sports field within a park facility is a fee facility. B. The Director may designate any area of a park as a fee facility. C.

The city shall establish a fee for the reservation and use of a fee facility by resolution. (Prior code § 8-605)

A. A picnic area which is so posted may be reserved for the exclusive use of a person or group upon payment of a fee and issuance of a permit. B. The Director may designate and post any area of a park as an area which may be reserved for exclusive use. C. The city shall establish a fee for the reservation for exclusive use of a park facility by resolution. (Prior code § 8-606)

The City Council shall establish a fee for the commercial use, as defined by Section 12.28.150, of any park facility not designated a "fee facility" pursuant to Section 12.28.050. (Prior code § 8-607)

A. A person may not use, occupy or remain in a fee facility without a permit. B. A person may not engage in a commercial activity as defined by Section 12.28.150 in any park facility without a permit. (Prior code § 8-608)

A. A person who desires a permit shall file an application with the Director on a form provided by the city. The information required shall include: 1. The name and address of the applicant;

The name and address of the person, group, organization or corporation sponsoring the activity; 3. The nature of the proposed activity; 4. The dates, hours and park facility for which the permit is desired; 5. An estimate of attendance; and 6. Other information which the Director considers reasonably necessary. B. A permit may not be issued for an activity which is likely to be attended by more than one hundred (100) people unless an application for the permit is received by the Director at least four weeks before the date of the activity for which the permit is sought. C. The permit application shall be accompanied by a fee in an amount set by City Council resolution. D. Each permit applicant shall be provided a copy of the regulations governing the use of park facilities. (Prior code § 8-609)

The Director shall issue a permit when he or she finds that: A. The proposed use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park; B. The proposed use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; C.

Every condition, including, where applicable, the payment of fees, approval of the Director of Parks and Recreation Services, and insurance coverage, and applicable requirements are met; D. The proposed use is not reasonably anticipated to incite violence, crime or disorderly conduct; E. The proposed use will not incur unusual, extraordinary or burdensome expense or security operation by the department; F. The facility is not reserved for other use; and G. The applicant agrees to comply with the conditions of approval imposed by the permit. (Prior code § 8-610)

A. Conditions. The Director may impose as a condition to the issuance of a permit requirements considered necessary for the protection, health and safety of persons or property or both in light of the nature of the activity for which the permit is sought and the number of persons likely to be in attendance. B. Indemnification. The Director may require an applicant to enter into an agreement with the city to indemnify and hold the city harmless from all injuries and damage resulting from the permitted use. C. Insurance. The Director may require an applicant to provide insurance adequate to cover potential loss due to injury or damage arising out of the permitted event. If insurance is required a copy of the policy or certificate of insurance, along with necessary endorsements, must be provided to the Director not less than ten days before the date of the event. 1. The coverage shall be a comprehensive general liability insurance policy. The minimum limits of the policy shall be one million dollars ($1,000,000.00) for any one occurrence and five hundred thousand dollars ($500,000.00) with regard to property damage for any one occurrence. The insurance shall be primary insurance without the right of contribution from a city insurance policy. The permittee shall designate on the policy or by endorsement as additional insureds the city, its officers, employees and agents. 2.

If food or alcoholic beverages or nonalcoholic beverages are sold or served at the event, the policy must include an endorsement for products liability. D. Bond for Security Costs. Where necessary for the protection of public property, the Director may require that the permittee provide the city with a bond or a cash deposit sufficient to cover potential security and other costs and damage to city property. The Director shall provide the permittee with a statement of the estimated actual cost of providing police officers for the permitted event. The actual cost is computed by determining the number of additional police officers that will be required for the event, the number of hours the officers will be on duty for the event, and the city's cost of providing officers on an hourly basis. (Prior code § 8-611)

A. A person who uses a fee facility without a permit or a posted picnic area or park facility which has been reserved for exclusive use, shall vacate the area when the holder of a permit arrives on the site. B. A group or person using or requesting use of a facility on a regular basis must obtain a permit. (Prior code § 8-612)

A person who claims to have a permit for use of a park facility shall produce and exhibit a copy of it upon the request of a department employee or police officer. (Prior code § 8-613)

No person may conduct or participate in an activity in a park or specified area of a park which is restricted and so posted by the Director. The Director shall have a sign posted notifying the public of the restriction. (Prior code § 8-614)

A person may not practice or conduct a business, profession or commercial enterprise nor sell or offer for sale a service or article, or solicit donations of money or goods in a park without a permit. (Prior code § 8-615)

No person, other than a child under six years of age accompanied by a parent or guardian, may use or enter a toilet facility specifically designated for use by the opposite sex. (Prior code § 8-616)

A. No person may deposit or release refuse, including but not limited to a bottle, broken glass, ashes, paper, box, can, dirt, rubbish, waste, garbage or trash in a park. Refuse which is incidental to the use of the facility may be deposited in a receptacle provided for this purpose. An incinerator, stove, fire ring, barbecue or other device used to contain fire or for cooking is not a receptacle for refuse. B. No person may discharge a substance, matter or thing into park waters. (Prior code § 8-617)

Pursuant to section 9.30.020, smoking is prohibited in Outdoor Recreational Areas, as defined in section 9.30.010. (Prior code § 8-618; Ord. No. 16-02, § 2(Exh. A), 3-15-16)

No person may drink an alcoholic beverage in an area designated as a nature trail or nature area or in a park posted with a sign prohibiting the consumption of alcoholic beverages. The Director of Parks and Recreation Services, may, through the permit process, make an exception to this section for a significant city events. (Prior code § 8-619)

A. No person may ignite or use fire in any place in a park except in a barbecue cooker or other cooking device provided by the city for that purpose and which is attached to the real property. B. A person who kindles or maintains a fire in a park may not leave the area where the fire is kindled or maintained until the fire is extinguished and cold to the touch. C.

No person may ignite or maintain a fire in a can or receptacle maintained for the purpose of garbage disposal or incineration. (Prior code § 8-620)

No person may use or possess fireworks of any kind within a park. (Prior code § 8-621)

No person, except for those persons listed in Penal Code Sections 12031(b) and 12031(c), may have in his or her possession in a park any dangerous weapon, device, firearm or destructive device as that term is defined in Section 12301 of the Penal Code. (Prior code § 8-622)

It is a violation of this chapter to do any of the following acts in a City park: A. Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot or throw a missile at an animal or remove the young, eggs or nest of an animal; B. Abandon an animal, dead or alive; C. Remove an animal one does not own; D. Permit a dog owned or in one's possession in a City park, unless the dog is under complete control at all times by a leash, except that dogs may be allowed off leash in designated areas, consistent with posted regulations; E. Permit a dog on a City sports field at any time, except as otherwise provided by subsection J. below; F. Permit a dog owned or in one's possession to defecate on a public street, sidewalk, parkway or facility in a park without immediately removing the resulting excrement. A person shall properly dispose of the excrement by placement in a public refuse receptacle at the time of occurrence;

G. Permit a dog to go into City tot lots or sand play areas, except as otherwise provided by subsection J. below; H. Permit cattle, sheep, goats, horses or other animals owned or in one's possession to graze within the boundaries of a City park without the prior written approval of the Director; I. Ride or lead a horse, pony, mule, burro or other animal onto or over real property within a City park other than at times and upon roads or trails designated and posted for riding of animals; J. Notwithstanding the above, where required for compliance with the Americans with Disabilities Act and other similar laws, this section shall not apply to any service animal used to assist a person with a disability. (Prior code § 8-623; Ord. No. 17-08, § 2(Exh. A), 12-5-17; Ord. No. 25-01, § 2(Exh. A), 1-7-25)

It is a violation of this chapter to do any of the following acts in a park: A. Dig up, pick, remove, mutilate, injure, cut or destroy a turf, tree, plant, artifact or archaeological site; B. Cut, break, injure, deface or disturb a building, sign, fence, bench, structure, apparatus, equipment or other property; C. Make or place a rope, wire, mark, writing, printing, sign, card, display or similar inscription device on a tree, plant, building or property without the prior written approval of the Director; D. Deposit earth, sand, rock, stone or other substance or remove such material from a park, or attempt to erect a building, wharf or structure of any kind or encumber any portion of the real property owned, operated, controlled or managed by the Department, without the prior written approval of the Director. (Prior code § 8-624)

No person other than one acting under the direction of the Director may duplicate a key used by the Department for a padlock or door lock, nor shall a person divulge the combination of a lock so equipped to an unauthorized person. (Prior code § 8-625)

It is a violation of this chapter to do any of the following acts in a park: A. Drive a vehicle onto park grounds. For the purposes of this prohibition, park grounds include all areas within a park except for a roadway and parking lot intended for public use; B. Drive a vehicle, except an authorized emergency vehicle, at a rate of speed exceeding five miles per hour or as otherwise posted, or in any case at a speed exceeding safe conditions dictated by prevailing circumstances; C. Park a vehicle within a park facility except in an area specifically designated as a parking area or park a vehicle in any location in a manner that presents a hazard to the public; D. May park an automobile during the hours the facility is closed without a permit. The Director may tow a vehicle parked in violation of this provision; E. Abandon a vehicle; F. Operate a vehicle which is not equipped with a properly installed muffler device which when in constant operation prevents excessive or unusual noise; G. Wash, repair or advertise for sale a vehicle; H. Drive a vehicle onto any sports field without the prior written approval of the Director. (Prior code § 8-626)

It is a violation of this chapter to do any of the following acts in a park: A. Rollerskate, ride a bicycle or skateboard on any grassy area, path or walkway designated and posted exclusively for pedestrian use. A bicyclist may be permitted to push a bicycle by hand over a grassy area, path or walkway. B. Leave a bicycle or skateboard in any place or position where a person may trip over or be injured by it. A bicycle shall be left in a bicycle rack when one is provided and there is a space available. (Prior code § 8-627)

It is a violation of this chapter to do any of the following acts in a park: A. Drive, chip or in any other manner play or practice golf, or hit golf balls unless the area has been designated for that use; B. Operate self-propelled and/or radio controlled model airplanes, boats, automobiles or other model craft of any kind or description; C. Hang-glide, parachute or parasail; D. Engage in any activity or operate any device recklessly or negligently so as to endanger the life, limb or property of any person; E. Possess or discharge any paint gun, spear, bow and arrow, crossbow, slingshot, air or gas weapon, or any other dangerous weapon within or into the boundaries of any park; F. Conduct hardball baseball games except on designated sports fields. (Prior code § 8-628)

No person may swim, bathe or wade in any water in a park when the activity is prohibited and so posted. (Prior code § 8-629)

No person may camp without a permit. No person may lodge in a motorhome within a park. (Prior code § 8-630)

It is a violation of this chapter to do any of the following acts in a park: A. Use or operate any radio receiving set, musical instrument, phonograph, television set, public address system, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of any park users or any reasonable person of normal sensitivity residing in the area without the prior written approval of the Director. The use of any such device or machine, such that the sound produced is audible at a distance in excess of fifty (50) feet, shall be deemed a prima facie violation of this section; B. Use any threatening, abusive, boisterous, loud, insulting or indecent language or gesture which is inherently likely to provoke an immediate violent reaction or disturb the peace of any park user or reasonable person of normal sensitivity; to engage in conduct that unreasonably and unnecessarily impairs the lawful use and enjoyment of a park by other persons or impairs the ability of the city's employees to perform their authorized duties. (Prior code § 8-631)

A. A person who, without a permit, uses a facility for which a permit is required and continues to use it after being ordered to vacate the facility or who violates any regulation contained in this chapter is guilty of an infraction, unless the violation is made a misdemeanor. B. A person who violates Section 12.28.210 is guilty of a misdemeanor and is punishable as provided in Sections 12700 through 12702 of the Health and Safety Code. C. A person who violates Section 1.28.220 is guilty of a misdemeanor and is punishable as provided in Section 1.20.030.

(Prior code § 8-632)

A. The Director or his or her designee may revoke a permit upon a finding of violation of this chapter or upon a finding of violation of other applicable state or local law. B. The Director or his or her designee may eject a person who violates a regulation contained in this chapter from a park facility. (Prior code § 8-633)

Under Section 5380 of the Public Resources Code, the Director and each uniformed park and recreation employee designated by the Director, has the authority and immunity of a public officer and employee set forth in Section 836.5 of the Penal Code to make an arrest and issue a citation for a misdemeanor violation committed in a park in that person's presence. (Prior code § 8-634)

A. Except as provided in subsection B of this section, or in Section 12.28.320 a violation of any provision of this chapter or a rule or regulation adopted under this chapter is punishable as an infraction and upon conviction may be punished by a fine of one hundred dollars ($100.00) for the first violation, two hundred fifty dollars ($250.00) for the second violation within one year, and five hundred dollars ($500.00) for each succeeding violation within one year. Each person is guilty of a separate offense for each and every day during any portion of which the violation of a provision of this chapter is committed, continued or permitted by that person. B. Malicious injury or destruction of any real or personal property which constitutes vandalism under the Section 594 of the Penal Code shall be prosecuted as a violation of Penal Code Section 594 and shall be punishable as a misdemeanor as provided in Penal Code Section 594. (Ord. 98-1; prior code § 8-635)