Chapter 12.24 — PARK REGULATIONS

The purpose of this chapter is to regulate the use of the parks and public facilities of the city in order to provide maximum enjoyment in the use of such parks and buildings and minimum disturbance or interference with the use of surrounding areas. (Ord. 879 § 2, 2024)

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

• A. "Building" shall include those buildings, or any portion thereof, under the supervision of the city.

• B. "Director" shall mean the staff person assigned by the city manager or designee.

• C. "Dog park" shall mean a fenced portion of public property that has been specifically designated for recreational use by dogs accompanied at all times by their owners or other adult persons having custody, care, and/or control.

• D. "Park" includes, but is not limited to, skateparks, bike parks, landscaped storm drainage basins, and trails.

• E. "Permit" shall mean a written permit for the exclusive use of a park, public facility as provided for and defined in this chapter.

• F. "Picnicker" shall mean a person on an outing or excursion with food usually provided by such person and eaten in the open.

• G. "Vehicle" shall mean any wheeled conveyance, whether motor-powered, electric, animaldrawn, or self-propelled, including bicycles and any trailer in tow of any size, kind, or description, except baby carriages/strollers, wheelchairs, and vehicles in the service of the city parks.

• H. "Sound-amplifying equipment" shall mean any machine or device for the amplification of the human voice, music, or any other sound. "Sound-amplifying equipment" shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. "Sound-amplifying equipment," as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

• (Ord. 879 § 2, 2024)

No person shall enter, be, or remain in any park or public facility of the city unless he or she complies with all the applicable regulations set forth in this chapter and on-site facility rules. (Ord. 879 § 2, 2024)

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City of Patterson, CA

PATTERSON CODE

§ 12.24.010

§ 12.24.022

• A. It is unlawful for any person to loiter, idle, wander, stroll, play or be in or upon any public park within the corporate limits of the city between the hours of dusk to dawn of the day immediately following without a permit.

• B. It is unlawful for any person to permit, allow or let any other person loiter, idle, wander, stroll, play or be in or upon any public park within the corporate limits of the city between the hours of dusk to dawn of the day immediately following.

• C. No park or public facility shall be used or reserved by any team, league, organization, service club, lodges, local group or corporation for organized activities such as parties, sports games or special events unless granted a reservation or permit from the city.

• D. The director or his or her designee shall have the authority to regulate the activities in park areas, when necessary, to minimize traffic congestion and to secure the maximum use of the park facilities for the comfort and convenience of all and may limit the length of time such facilities, including picnic facilities, are used to avoid crowding. Visitors shall comply with any directions given by the director to achieve this end. BBQs or tables and benches shall be used on the basis of "first come, first served" except in areas designated by "Reservation Only."

• (Ord. 879 § 2, 2024)

Persons, services clubs, lodges, societies, teams, leagues, organizations or corporations, or other local groups are required to make a reservation with the city to use any reservable or nonreservable parks during the hours designated in Section 12.24.010 not later than fourteen days prior to the date upon which such activities are to take place.

• A. Organized sports play and tournaments;

• B. Special events/programs;

• C. Private and public events;

• D. Any groups over twenty people. (Ord. 879 § 2, 2024)

Applications for permits allowing the exclusive use of a park or building, or portion thereof, shall be made on a form provided by the director, shall contain the information specified by the director, and shall be filed in the manner and at the times specified by the director.

All permit applications shall be signed by an authorized representative of the organization sponsoring the activity, and the organization shall be responsible for compliance with all the provisions of this chapter and the regulations established by resolution or by the director and for all damages resulting from the conduct of the activity sponsored by the organization. (Ord. 879 § 2, 2024)

• A. The director or his or her designee shall grant or deny such permit application upon receipt and review of the application. The decision granting or denying such permit application

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City of Patterson, CA

STREETS AND OTHER PUBLIC PLACES

§ 12.24.022

§ 12.24.023

shall be made after the submittal and review of the application.

• B. The director or his or her designee, in granting the permit application, may impose reasonable requirements and conditions concerning the use of the park or public facility by the applicant.

• C. The director or his or her designee is hereby authorized to charge and collect a fee for:

  1. Participation in the parks, recreation and public facilities sports programs, classes, special events and activities; and

  2. For the use of city park(s) and/or public facility(ies); and

  3. Cover the cost for staffing or equipment.

• D. The fee(s) authorized by this chapter shall be set by resolution of the Patterson city council.

• E. The director shall deny the permit application if he or she finds that:

  1. The proposed activity or use will unreasonably interfere with, or detract from, the promotion of the public health, welfare, safety, or recreation;

  2. The proposed activity or use is anticipated to incite violence, crime, or disorderly conduct;

  3. The occupancy load of the building will be exceeded; or

4. The request is unable to be accommodated.

(Ord. 879 § 2, 2024)

• A. Every person operating, promoting, maintaining or conducting a permitted activity in or at a city facility (park or public facility) shall provide, or cause to be provided, security for the activity based upon the maximum capacity of the building and subject to the review and approval of the director, or his or her designee. The cost of such private security shall be borne by the person holding the activity.

• B. Every person operating, promoting, maintaining or conducting a permitted activity in or at a city park or building shall sign a detailed statement, under penalty of perjury under the laws of the state of California, declaring the nature and type of activity to be held in or at the city park and the expected number of guests.

• C. The director, or his or her designee, shall consider, but is not limited to, the following factors in setting the security requirements for an activity held in a city park or public facility:

  1. The maximum capacity of the city recreation facility;

  2. The hours during which the activity will be held;

  3. If private security will be provided, the credentials, reputation and practices of the proposed private security company;

  4. The dress and equipment used by the private security officers; and

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City of Patterson, CA § 12.24.023

PATTERSON CODE

§ 12.24.028

5. Type of activity or event.

• D. In lieu of private security, the director, or his or her designee, may request from the chief of police, active or reserve officers of the Patterson police services to provide security at activities held in city parks or buildings, the cost for which shall be borne by the person holding the activity and shall be paid to the city at least thirty days prior to the date of the activity.

• E. If alcohol is to be served at the proposed activity, the chief of police, or his or her designee, may establish conditions on the sale, distribution, use, and consumption of any alcoholic beverage.

• F. For all rentals of parks and public facilities, the city requires at least one staff person on duty during the event. This staff would be in a city uniform and equipped with a communication radio/phone. His or her responsibility is to monitor the event and provide instruction and information on the proper use and care of said facility. He or she is not responsible for law enforcement responsibilities or event management and/or coordination.

• (Ord. 879 § 2, 2024)

The permit applicant may appeal the granting or denial of a permit or any conditions placed on such permit or not placed on such permit by the director to the city manager; any subsequent appeals are subject to the appeal procedures as set forth in Chapter 1.36. (Ord. 879 § 2, 2024)

The presence and/or the consumption of any and all alcoholic beverages shall be prohibited at all city of Patterson existing or future parks.

Permission for the sale or distribution of beer and/or wine in conjunction with a special event permit may only be granted by the chief of police of the city of Patterson. (Ord. 879 § 2, 2024)

Any part of a park or public facility may be declared closed to the public for all or specified purposes by the director or his or her designee at any time and for any interval of time, either temporarily or at regular intervals.

(Ord. 879 § 2, 2024)

Upon the discovery of lost property by park users, the lost property shall be reported to the Patterson police department subject to the provisions for unclaimed property. (Ord. 879 § 2, 2024)

No person shall do any of the following:

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City of Patterson, CA

STREETS AND OTHER PUBLIC PLACES

§ 12.24.028

§ 12.24.028

• A. Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances, or other public property, and parents or guardian of any minor shall be responsible for all such damage;

• B. Litter, soil, or defile restrooms;

• C. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any private or public service utility into, upon, or across such lands, except with the written permission of the director or his or her designee;

• D. Go upon any lawn, grass plot, or flower bed where such prohibition is indicated by a legible sign posted near or in the area;

• E. Picnic or lunch in a place other than one designated for such purpose;

• F. Swim, bathe, wade, fish, or boat in any water of any fountain, pond, lake, or stream, except in areas designated for such purposes and so posted;

• G. Bring into any park any material which, if spilled or spread, will be injurious to the turf or plant growth;

• H. Damage, cut, carve, transplant, or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant;

• I. Attach any rope, wire, or other contrivance to any tree, plant, building, sign or any other structure;

• J. Dig in or otherwise disturb any park area or in any way injure or impair the natural beauty or usefulness of any area;

• K. Climb any tree or walk or stand on any monument base, fountain, railing, fence, or upon any other property not designated or customarily used for such purposes;

• L. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw objects at any animal, reptile, or bird;

• M. Remove or have in his or her possession any wild animal, or any bird or fowl, or the eggs or nest or young of any reptile, wild animal, or bird (exception: city staff in the course necessary for their work);

• N. Use any amplification system or sound amplifying equipment unless a permit is first issued by the director;

• O. Bring to, or drink in, a park any alcoholic beverage, except as provided in this chapter;

• P. Enter or remain in a park while under the influence of intoxicating liquor or any drug;

• Q. Bring or have in his possession, or set off, or otherwise cause to explode or discharge or burn in a park any fireworks, whether "safe and sane" fireworks or not, or other flammable or explosive material, or discharge such fireworks or throw them into any park from land, or a vehicle, or building adjacent thereto, except persons conducting a city-sponsored or supported public fireworks display;

• R. Set up tents or other temporary shelters for the purpose of camping, nor shall any person

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City of Patterson, CA § 12.24.028

PATTERSON CODE

§ 12.24.028

leave in a park, after closing hours, any movable structure or vehicle to be used, or that could be used, for such purposes, such as a house trailer, motor home, camp trailer, or pickup camper, except as provided in this chapter;

• S. Having the control or care of any dog, suffer or permit such dog to enter or remain in a park, unless the park is posted for such use, and then only if it is led by a leash of suitable strength not more than six feet in length. The person owning, controlling, or having the custody of such dog shall be jointly and severally responsible for all damages caused by such dog;

• T. Lead, ride, drive, keep, or, let loose any animal, reptile, or fowl of any kind without a permit to do so from the director or his or her designee;

• U. Make or kindle a fire for any purpose other than for cooking in designated BBQ, or burn wood in BBQ pits, except at places provided for such purpose, unless prior permission shall be obtained therefor from the director or his or her designee, or leave a fire started by such person, or at his direction, or used by him until such fire is completely extinguished;

• V. Enter an area or use any building, equipment, fountain, pond, or pool posted as "Closed to the Public";

• W. Use, carry, or possess firearms of any description or air rifles, spring guns, bows and arrows, slings, or any other form of weapon potentially dangerous to wildlife or to humans or shoot into park areas from beyond park boundaries;

• X. Use or allow the use of powered model airplanes, drones or remote-control cars, except in areas designated for such use;

• Y. Play or practice golf or use golf clubs in any area of a park or public facility;

• Z. Play or engage in any game except at a place set apart for that purpose;

• AA. Throw, discharge, or otherwise place in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park, or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter, or thing, liquid or solid, which will or may result in the pollution of such waters;

• BB. Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can, refuse, or trash, except in the receptacles provided for such materials; where such receptacles are not provided, all such materials shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere;

• CC. Bring to, or operate in or on, or sail in or on, any water in any lake, pond, or stream any powered or nonpowered hobby or model boat, kayak or boats of any kind or floating devices except during special events having the prior approval of the city;

• DD. Bring to or have in such person's possession any alcoholic or nonalcoholic glass beverage container or bottle;

• EE. Engage in the feeding of any wildlife within any park within the city or within any public property;

• FF. Smoke, chew, vape, or use any tobacco-related products, or any other drug or drugs, within any park within the city or within any public property;

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City of Patterson, CA

STREETS AND OTHER PUBLIC PLACES

§ 12.24.028

§ 12.24.031

• GG. Sleep, lie down, sit or stand on top of picnic tables, trash receptacles or any structure not intended for such use;

• HH. Fail to comply with any posted rules, regulations, or plans for the use or operation of a park; and

• II. Loiter or remain in parks or public facilities when closed, including but not limited to whenever a park shows a continuing pattern of the presence of persons fighting or challenging others to fight, or when persons disturb others by loud and unreasonable noise or music, or when persons are under the influence of an alcoholic beverage, drug or chemical substance, or any other designated public nuisance.

• (Ord. 879 § 2, 2024)

Any person, society, lodge, organization, team, league, or corporation to whom a reservation or permit is granted during the hours designated in Section 12.24.010 shall be liable for any loss, damage, or injury sustained by any person whatever by reason of negligence of the person society, lodge, organization, team, league, or corporation to whom permission is given.

If the conduct of the event or program, subject to the permit, would constitute a hazard to public safety, the applicant shall provide the city with certificates of insurance evidencing bodily injury liability in an amount no less than one million dollars for each person, and two million dollars for each occurrence, and property damage liability coverage in the amount of one hundred thousand dollars for each occurrence and naming the city as additional insured. The director or his or her designee may require additional coverage based on the risk to the city. Such certificates of insurance shall be filed with the responsible department prior to the granting of such permit. (Ord. 879 § 2, 2024)

No vehicles of any kind (motor-powered, electric, animal-drawn) are allowed to operate inside any park or future park except ADA mobility devices, emergency vehicles and vehicles in service of the city, unless granted written permission by the director or his or her designee. (Ord. 879 § 2, 2024)

No person shall:

• A. Fail to comply with all the applicable provisions of the Vehicle Code of the state, in regard to equipment and the operation of vehicles, and the provisions of this code;

• B. Fail to obey all traffic officers and city employees authorized to direct traffic in the parks;

• C. Fail to obey all traffic regulations concerning the use of vehicles or caution, stopping, parking, and all other signs posted for control or to safeguard life and property;

• D. Ride or drive a vehicle at a rate of speed exceeding fifteen miles per hour, except upon roads designated by posted signs for different rates of speed;

• E. Ride or drive any vehicle or bicycle on any area, except paved roads, bike paths or parking areas or other areas designated as temporary parking areas. A bicyclist may wheel or push

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City of Patterson, CA § 12.24.031

PATTERSON CODE

§ 12.24.100

a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use;

• F. Park a vehicle in other than an established or designated parking area or use a parking area in a manner not in accordance with the posted directions or the instructions of any attendant who may be present, or utilize the parking lot where the adjacent facility is closed;

• G. Ride any other person on a bicycle, except where the bicycle is built for operation by more than one person;

• H. Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and there is space available; and

• I. Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may ride, drive, or trip over it or be injured by it.

• (Ord. 879 § 2, 2024)

No person in a park, public facility or on public property adjacent to a park shall do any of the following without prior permission from the director or his or her designee:

• A. Expose, announce, advertise, call public attention to, or offer any article or food or drink for sale; nor shall he station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or food or drink in the park or on public property adjacent to such park; and

• B. Paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription. (Ord. 879 § 2, 2024)

The donation of plants, buildings, fountains, sculptures, ponds, pools, or any other item or funds for such item for any park or public facility shall first be presented to the director with final approval by the city manager.

(Ord. 879 § 2, 2024)

No person over the age of eighteen shall use a water feature located in any city park except parents or other caregivers accompanying a juvenile aged seventeen or younger. (Ord. 879 § 2, 2024)

• A. The violation of any provision of this chapter shall constitute an infraction punishable by:

  1. A fine not exceeding two hundred fifty dollars for a first violation.

  2. A fine not exceeding five hundred dollars for a second violation of the same ordinance within one year of the first offense.

  3. If any provision of this section shall be violated a third or more times within one year

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City of Patterson, CA

STREETS AND OTHER PUBLIC PLACES

§ 12.24.100

§ 12.24.100

of the original violation, each such violation shall constitute a misdemeanor.

• a. Any person convicted of a misdemeanor under the provisions of the Patterson Municipal Code shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail of the county of Stanislaus for a period of not more than six months, or by both such fine and imprisonment.

• B. A violation of this chapter is also a public nuisance. In addition to the remedies set forth in the Penal Code, the city attorney may institute civil or administrative actions to abate a public nuisance under this chapter or remedy any failure to comply with any of the requirements of this chapter. A violation may be prosecuted by the city attorney or the district attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. The city may pursue any other legal remedies, criminal or civil, to address a violation of this chapter.

• (Ord. 879 § 2, 2024)

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City of Patterson, CA

STREETS AND OTHER PUBLIC PLACES

§ 12.30.010

§ 12.30.030