Chapter 7.22 — USE OF PARK AND RECREATION FACILITIES

State Law reference— Municipal authority to acquire property for the development of recreational purposes, Government Code § 37361; municipal park control, Public Resources Code § 5181 et seq.

This chapter shall be known as "park and recreational facilities regulations."

(Code 1972, § 7.22.010; Ord. No. 937, § 1(part), 1992)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Amplified sound means music, sound waves, vibration or speech projected or transmitted by electronic means.

City manager means the city manager or the person designated by the city manager to act in his stead in respect to the provisions of this chapter.

Park means any park, parkway, playground, recreation center, including senior citizen center, golf course or any other area or structure maintained and operated by the city, in whole or in part, as a park or recreation facility or as both a park and recreational facility, whether or not such park is owned by the city.

Permit or reservation means written authorization for use of a park or recreational facility, or any portion thereof pursuant to the provisions of this chapter.

Person means a natural person, a partnership, a corporation, or any other entity.

Vehicle means any device by which any person, property, or person and property may be propelled, moved or drawn.

(Code 1972, § 7.22.020; Ord. No. 937, § 1(part), 1992)

No person shall enter, be or remain in any park and recreation facility unless such person complies at all times with the provisions of this chapter applicable to such park and recreation facilities and with all other applicable city, state and federal laws, ordinances, rules and regulations.

(Code 1972, § 7.22.030; Ord. No. 937, § 1(part), 1992)

Unless specifically provided otherwise in this chapter, the following regulations shall apply in all parks and recreation facilities:

(1)

Operations of vehicles, bicycles, and skateboards.

a.

Roads for public use. The provisions of the California Vehicle Code are applicable in all parks and recreation facilities upon any way or place which is publicly maintained and open to the use of the public for vehicular travel. Violations of the vehicle code within a park and recreation facility shall be enforced and prosecuted in accordance with the provisions thereof. The city engineer is authorized and directed to post appropriate signs advising of the vehicular travel restrictions in force within a particular park and recreation facility when duly authorized to do so by action of the city council.

b.

Surfaces other than roads for public use. No person shall drive or otherwise operate a vehicle in a park and/or recreation facility, and no person shall ride a bicycle (as defined in the California Vehicle Code) in a park or recreation facility, upon any surface other than those maintained and open to the public for purposes of vehicular travel, except that vehicles may use such temporary parking areas as may be designated by appropriate signs from time to time by the city manager. This provision does not apply to any vehicle being used for authorized city business, nor to any police or other emergency vehicle performing an authorized mission, nor to a vehicle which is within a park or recreation facility pursuant to written permission of the city manager. Neither does this provision apply to any electrically driven wheelchair carrying a physically incapacitated person.

c.

Bicycles and skateboards. No person shall ride or operate a bicycle or skateboard in any park or recreation facility, except in areas designated for bicycling and/or skateboarding. In areas of a park or recreation facility not designated for bicycling and/or skateboarding, bicycles shall be dismounted and pushed when moving from place to place and skateboards shall be carried when moving from place to place.

(2)

Solicitation prohibited. No person shall practice, carry on, conduct or solicit for, any trade, occupation, business or profession in any park or recreation facility, or sell or offer for sale therein or thereon any food, beverage, merchandise, article or anything whatsoever. This section shall not apply to any person acting

pursuant to a contract with the city or under an authorization duly granted by the city pursuant to standards and criteria approved by the city.

(3)

Prohibition of animals in parks. No person shall cause, permit, or allow any animal owned or possessed by him, or any animal in the custody or control of such person to be present in any park or recreation facility except:

a.

Equine animals being led or ridden under reasonable control upon a park bridle path or trail expressly authorized and designated for such purpose;

b.

Equine or other animals which are hitched or fastened at a place expressly authorized and designated for such purpose;

c.

Dogs and cats when caged, or when led by a cord or chain not more than six feet long, or when confined within the interior of a vehicle;

d.

Dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements;

e.

Small pets which are kept on the person of the possessor at all times;

f.

In connection with activities authorized by the city manager and when in accordance with all conditions attached to such authorization;

g.

Fowl or animals turned loose at the direction or with written permission of the city manager.

(4)

Responsibility of animal owner. Each person who owns, or who has custody, possession or control of an animal within a park or recreation facility shall collect, pick up and removal all fecal matter and debris promptly after it has been deposited or left behind by the animal in or upon a park or recreation facility. This subsection shall not apply to guide dogs for blind or disabled persons, or to equine animals on bridle paths.

(5)

Prohibition of firearms, weapons and fireworks. No person shall carry or discharge any firecracker, rocket, torpedo or other type of explosive, or carry or discharge any airgun, rifle, pistol, sling shot, bow and arrow or any similar device or weapon within or into a park or recreation facility; nor shall any person carry into or use any other object within a park or recreation facility with the intent of disturbing the peace of any person by means of noise or otherwise. No person shall carry on his person, in plain view, any knife with a blade in excess of three inches. Daggers are prohibited. This prohibition shall not apply to the engaging in or traveling to target practice conduced in accordance with appropriate standards of safety at an archery, skeet or target range authorized and provided by the city for such purpose; nor shall this prohibition apply to law enforcement personnel acting within the scope of their official duties. Any device carried into or used within a park or recreation facility in violation of this provision is subject to confiscation by any law enforcement officer or duly authorized city employee and, in the event thereof, shall be thereafter disposed of in accordance with law, including without limitation any applicable city or state regulations. Fireworks may be permitted for special events only with formal approval from the city manager and the fire department.

(6)

Damaging property prohibited. No person shall cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property, or pluck, pull up, cut, take or remove any shrub, bush, plant or flower, or mark or write upon, paint or deface in any matter any building monument, fence, bench or other structure within a park or recreation facility. This prohibition shall not apply to any employee or contractor of the city acting within the scope of such employment or contract.

(7)

Damaging land prohibited. No person shall cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer from a park or recreation facility or from any place within a park or recreation facility. This prohibition shall not apply to any employee or contractor of the city.

(8)

Water. No person shall swim, fish in, bathe, wade, row, sail or operate any boat, craft or other device, on or in any pond, lake, stream or water within or into a park or recreation facility, except at such place or places authorized and designated by the city for such use; nor shall any person pollute the water of any fountain, pond, lake, stream or reservoir within a park or recreation facility or which would carry pollution to the water of a fountain, pond, lake, stream or reservoir within a park or recreation facility.

(9)

Fires. No person shall make or kindle a fire within a park or recreation facility except in stoves or other facilities specifically provided for such purpose. No fire shall be lit or maintained with a park or recreation facility between the hours of 10:00 p.m. and 6:00 a.m. of the next succeeding day, except by written permission of the city manager.

(10)

Prohibited presence. No person shall tent, camp, lodge, or otherwise be present in any park or recreation facility after 11:00 p.m. or before 6:00 a.m., except when lawfully in attendance at any event approved by the city manager. Loitering between the hours of 11:00 p.m. and 6:00 a.m. is strictly prohibited.

(11)

Picnicking. No person shall cook any meal within a park or recreation facility except in an area authorized and designated for such use.

(12)

Waste liquids and refuge. No person shall dispose of dishwater or other waste liquids or dispose of any garbage, empty container, or other solid waste material within a park or recreation facility, other than in receptacles or other facilities provided for such disposal.

(13)

Gambling. No person shall play or bet at or against any game in a park or recreation facility, which game is played, conducted, dealt or carried on with cards, dice or other devices, for money, chips, shells, credit or any other thing of or redeemable for value, nor maintain or exhibit any gambling table or other instruments of gambling therein. This prohibition shall not apply to simulated gambling games or to bingo games when conducted by a nonprofit organization during fundraising events pursuant to a permit or reservation issued by the city manager pursuant to section 7.22.050 and in compliance with all other applicable laws.

(14)

Games. No person shall discharge a firearm, nor play or engage in model airplane flying, archery, or any game of a hazardous nature within a park or recreation facility, except at such place as shall be especially set apart and authorized for such purpose.

(15)

Golf. No person shall play or practice the game of golf, including chipping, putting, driving or any other type of play or practice which includes the hitting of golf or similar type ball with a golf or similar type club within a park or recreation facilities.

(16)

Noise. No person shall indulge in riotous, boisterous, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language, within a park or recreation facility in such a manner as to disturb the public peace or to materially disrupt the quiet enjoyment of such park or recreation facility, or of nearby properties, or of any other person who is lawfully present within a park or recreation facility.

(17)

Advertising matter. Except as authorized in writing by the city manager, or except in performance of an official duty, no person shall distribute any handbill or circulates, post, place or erect any bill, notice, paper or advertising device or matter of any kind within a park or recreation facility.

(18)

Meetings. No person shall hold any meeting, services, concert, exercise, parade or exhibition in any park or recreation facility without prior authorization from the city manager, except that this subsection shall not be construed to deprive any person of a right protected by state or federal law or constitution.

(19)

Protection of animals. No person shall hunt, frighten, chase, set a snare for, catch, injure or maltreat any domestic or other animal within a park or recreation facility, nor shall any person fish with hook and line, seine, trap, spear or net, or by any other means, in any pond, lake, stream or water within a park or recreation facility, except at a place especially authorized and designated for such purpose. This prohibition shall not apply to law enforcement personnel, nor to animal control officers, nor to city employees or contractors acting within the scope of their official duties or contract obligations.

(20)

Use of restroom. No person shall use any restroom, washroom or dressing facility within a park or recreation facility when the same has been designated for persons of the opposite sex. This subsection shall not apply to children under six years of age or younger who are accompanied into such facility by an adult.

(21)

Alcoholic beverages. No person shall consume any alcoholic beverage within any park or recreation facility.

(22)

Controlled substances. The provision of Uniform Controlled Substances Act are applicable in all city parks and recreation facilities and shall be enforced and prosecuted in accordance with the provisions thereof.

(23)

Flying balloons or planes. No person shall use any city park or recreation facility as primary launch site for hot air balloons unless formally approved by the city council. Motorized airplanes and gliders are prohibited in parks and recreation facilities.

(24)

Glass food or drink containers. No person shall transport into or dispose of within any park or recreation facility a food or drink container made wholly or partially of glass, whether or not such container is empty, partially filled or full. This prohibition shall not apply to baby bottles or to containers for medicine.

(25)

Amplified sound in parks. No person shall cause the amplification of sound within a park or recreation facility if the noise level caused thereby exceeds 60 decibels from all channels of equipment used, except pursuant to a permit issued by the city manager, and in compliance with the following conditions:

a.

The location of each bandstand and gathering, and the position of each loudspeaker shall be as specified in writing by the city manager so as to cause the least amount of disturbance to other persons, both within and without the park or recreation facility. The power source for amplifier shall be provided by the city, battery or generator.

b.

Amplified sounds shall not exceed 60 decibels at a point 50 feet in front of the midpoint of a straight line between any two loudspeaker installations.

(26)

High-heeled shoes. No high-heeled shoes are allowed in gymnasium.

(Code 1972, § 7.22.040; Ord. No. 937, § 1(part), 1992)

(a)

Permits for activities in parks and park facilities. The city manager shall be responsible for reserving and granting permits for the use of parks and recreation facilities, or portions thereof, for the benefit and participation by interested public and private persons and groups. Permits for the use of parks and recreational facilities shall be conditioned to be consistent with this chapter governing such use. A permittee has exclusive use of the park and recreation facility, or portion thereof, designated in a permit issued by the city manager.

(b)

Reservations without formal permits. Groups of less than 50 persons desiring the use of park or recreation facilities, or portions thereof, are not required to obtain a permit, but may request the city manager to reserve the park or recreation facilities for such use.

(c)

Reservations; priority. In granting reservations and permits persons or groups from within the city shall be given priority over persons or groups from outside the city.

(d)

Requests to be in advance. Requests for a permit to use park or recreation facilities shall be submitted in writing to the city upon forms approved by the city manager not less than four weeks for recurring uses and not less than 15 working days for nonrecurring uses in advance of the intended use. The city manager may permit a shorter advance request time for good cause shown.

(1)

The city manager may require the applicant to provide such additional water and sanitary facilities and refuse receptacles as the city manager determines to be necessary for the protection of public health, safety and welfare in connection with the intended use.

(2)

Fees and deposits required in respect to permits may include, without limitation, such amounts as may be determined by resolution of the city to be necessary to compensation the city or both, for the administrative costs associated with the permit, as security for repair or damage to the park or to park facilities, for costs of cleanup, and for extra personnel to regulate conduct and traffic.

(3)

The city manager may require the applicant to provide a designated number of approved personnel for the purposes set forth by the chief of police of the city upon such application.

(4)

The application form shall provide that the applicant shall indemnify the city, provide public liability insurance, reimburse the city for all unusual or extraordinary cleanup and repair expenses and for services provided by the city arising out of the activity authorized by the permit.

(e)

Denial or permit. The city manager may deny the permit upon a finding that any of the following conditions exist:

(1)

That the application reveals that the city does not have park or recreation facilities which will accommodate the use, or the intensity or degree of the use contemplated by the application;

(2)

That the proposed use is not one which by law may be permitted, and the chief of police of the city has determined that the use, or the intensity or degree of the use contemplated by the application creates security problems which pose a threat or potential threat to the public safety or welfare which cannot be mitigated to an acceptable level by the use of security personnel and facilities reasonably available for such purpose;

(3)

That the applicant has not given written agreement to comply with all the conditions imposed upon the granting of the permit;

(4)

That the applicant failed to file the application in a timely manner;

(5)

That the park, park area or recreation facility is not available for the requested use at the time specified by the applicant;

(6)

That the applicant has failed in a material way to comply with the terms and conditions of any prior permit issued to the applicant for use of a park, park area or recreation facility, or has failed to pay to the city any fee or cost due in relation to the issuance or exercise of such a permit.

(7)

When a hazardous condition threatens or reasonably might threaten participants, spectators, city staff, or any person or property if the requested permit were to be issued;

(8)

If the permit applied for is for the purpose of holding a class, course of instruction, or activity for any program not expressly sponsored, sanctioned or scheduled by the city and for which a fee is to be charged to attendees or participants;

(f)

Notice of grounds for denial. The city manager shall specify in writing the grounds for the denial of any permit applied for.

(g)

Revocation of reservation or permits. Reservation or permit issued to any group may be revoked if it becomes necessary for city to use space at same time or if persons granted reservation or permit violate any provision of this chapter.

(Code 1972, § 7.22.050; Ord. No. 937, § 1(part), 1992)

(a)

Proof of issuance. If by this chapter a specified right or privilege has been granted pursuant to a written permit, license or other authorization, or specified conduct or action otherwise limited or prohibited has been allowed pursuant to written permit, license or other authorization, such right or privilege shall not be exercised, and such conduct or action shall not be engaged in unless the written permit, license or other authorization is readily available at all times for display to any duly authorized law enforcement officer or city employee who requests proof of the written permit, license or other authorization.

(b)

Failure to display. A failure or refusal on the part of a person to whom a written permit, license or other authorization has been granted pursuant to this chapter to promptly display such document to a duly authorized law enforcement officer or city employee when requested to do so by such officer or employee shall, in the discretion of the city manager, result in the automatic cancellation of such permit, license or other authorization.

(Code 1972, § 7.22.060; Ord. No. 937, § 1(part), 1992)

No permit or reservation for the use of park, park area or recreation facilities, or any portion thereof, shall be transferable without the prior written consent of the city manager.

(Code 1972, § 7.22.070; Ord. No. 937, § 1(part), 1992)

(a)

Insurance required. No request for a reservation or a permit under this chapter shall be finally approved unless and until the applicant therefor has furnished to the city manager a certificate or standard binder of insurance coverage evidencing that the applicant has obtained public liability insurance coverage in an amount specified by the city manager. Such coverage may be combined single limit per occurrence and event aggregate, and, when required, shall protect the applicant, and the city from any and all losses, claims and damages arising from injury to person or property associated with the use of the reservation or permit. Such insurance coverage shall be primary and shall not require any contribution on the part of the city, or the insurers thereof. Such certificate or binder shall name the city as additional insureds for purposes of the reservation or permit, and shall provide that the insurance coverage evidenced thereby will not be terminated or reduced except after at least ten days' advance written notice of such intended termination or reduction having been given to the city manager. In the event that the required coverage is terminated or is reduced to less than the minimum coverage required after a reservation or permit is finally approved, such reservation or permit shall be automatically suspended pending submission to the city manager of new evidence of insurance coverage sufficient to satisfy the requirements of this section.

(b)

Indemnification and hold-harmless. The application form for a reservation or permit to be issued under section 7.22.050(b) or (c) referred to above, shall contain the signature of the applicant, in addition to the other contents of such application, a provision in substantially the following language:

Applicant hereby agrees that, if the reservation or permit applied for by this application is granted, applicant will defend, indemnify and hold harmless the city, and their officers, employees and agents from all damages, costs and expenses in law and equity, including costs of suit and attorney's fees, which may arise out of the use or exercise of the reservation or permit applied for herein. To the extent occasioned thereby, and in respect to the culpable part, this agreement to indemnify, defend and hold harmless shall not extend to damages, costs or expenses arising out an act or omission attributable to the city.

(Code 1972, § 7.22.080; Ord. No. 937, § 1(part), 1992)

The city manager shall have the primary responsibility for the enforcement of this chapter. Each member of the police department of the city is given permission to enter the public and restricted parts of all city parks and recreation facilities to maintain public order or to prevent, remedy or take other appropriate action in respect to violations of the provisions of this chapter or of other applicable laws or regulations.

(Code 1972, § 7.22.090; Ord. No. 937, § 1(part), 1992)

(a)

Misdemeanor. Any person who violates any regulation set forth in this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to imprisonment in the county jail for a period not exceeding six months or by a fine not exceeding $1,000.00 or by both such imprisonment and fine.

(b)

Expulsion. In addition to any other penalty for violation of this chapter, the city manager may require the violator to immediately leave the park or recreation facility and to remain out of all city parks and recreation facilities for the remainder of the day on which the violation occurred.

(Code 1972, § 7.22.100; Ord. No. 937, § 1(part), 1992)

The city manager shall give notice of the prohibitions set forth in section 7.22.040(1) through (26) by posting one or more signs informing the public of such prohibitions in appropriate places within each park or recreation facility or at the entrance or entrances of each park or recreation facility in or upon which one or more of such prohibitions apply.

(Code 1972, § 7.22.110; Ord. No. 937, § 1(part), 1992)

Policies regulating the operation and maintenance of all parks and recreation facilities of the city shall be adopted and amended from time to time by resolution of the city council.

(Code 1972, § 7.22.120; Ord. No. 937, § 1(part), 1992)

(a)

Purpose. It is the purpose of this chapter to establish regulations for the safe use of designated skateboard/skating areas within the city.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Public ground means all areas devoted to public use in the city, including, but not limited to, city parks, recreation centers, civic centers, public libraries, public auditoriums, fairgrounds, museums, public parking lots, and open spaces adjacent thereto.

Roller skates or in-line skates, including rollerblades, means any shoe, boot or other footwear to which one or more wheels are attached.

Skateboard means any platform of any composition or size to which two or more wheels four inches or less in diameter are attached, which is intended to be ridden or propelled by one or more persons standing or kneeling upon it, and to which there is not affixed any seat or any other device or mechanism to control the wheels.

Skateboard/skating area means a "public skateboard park" as that term is used in California Health and Safety Code section 115800(d)(1), or any successor provision thereto, and includes any facility, structure or area designated by resolution of the city council as a "skateboard/skating area" in which skateboarding, in- line skating and/or roller skating is permitted pursuant to the provisions of this chapter.

(c)

Designated skateboard/skating areas. The city council may, from time to time, designate by a resolution certain areas as a skateboard/skating area.

(d)

Operation upon public grounds prohibited. It shall be unlawful for any person, while riding upon or propelling any skateboard, as defined herein, or while wearing roller skates, as defined herein, to go upon any public ground, public parking lot, or public structure if there is displayed in plain view on the property, a sign or signs prohibiting such riding.

(e)

Liability. The use of any skateboard/skating area while engaging in stunt, trick or luge skateboarding or skating is a hazardous recreational activity within the meaning of California Government Code section 831.7. Because of the particular design features of the skateboard facility, skateboarding at the facility is considered stunt, trick or luge skateboarding. Subject to the provisions of the code section, the city may not be held liable for an injury incurred by any person participating in any such hazardous recreational activity. Skateboard/skating areas are not regularly supervised and all users assume all risks of injury in utilizing said areas.

(f)

Regulations applicable to the use of designated skateboard/skating areas.

(1)

Persons under the age of 12 years old using a skateboard/skating area shall be accompanied by a parent or legal guardian.

(2)

No person shall skate or skateboard, or otherwise be present within any skateboard/skating area, at times other than those established as the hours of operation. Hours of operation shall be posted. Said hours are subject to change without prior notice.

(3)

No person shall use any skateboard/skating area for any use other than skateboarding and skating.

(4)

Each person using any skateboard/skating area must wear a shirt and proper safety equipment including a helmet, elbow pads and kneepads. All such safety equipment must be functional and protective, properly sized and designed for skating or skateboarding purposes. Soft-sided shoes must be worn by skateboarders.

(5)

No person shall ride or use any wheeled devices other than roller skates, in-line skates, or skateboards within any skateboard/skating area. Use of any other wheeled devices including, but not limited to, bicycles, scooters, unicycles, go-carts, or wagons is prohibited.

(6)

No person shall possess or use alcohol, or illegal drugs within a skateboard/skating area or in surrounding park areas. Tobacco products are prohibited in the skateboard/skating area.

(7)

No person shall litter in any skateboard/skating area. All persons using a skateboard/skating area must place any trash created or brought to the skateboard/skating area in refuse containers provided by the city. If the city provides no refuse containers, each person shall be responsible for removing and disposing of such items in an appropriate manner.

(8)

No person shall cause graffiti or tagging in or upon any skateboard/skating area or anywhere in the surrounding park areas.

(9)

No person shall ride, or permit to be ridden, any skateboard or skates in a skateboard/skating area in a reckless manner or with willful disregard for the safety of persons or property.

(10)

No person shall skate on the curbs, sidewalk, fences, railings and/or driveway of any city owned area surrounding or adjoining a skateboard/skating area.

(11)

Glass containers or other glass products are prohibited within a skateboard/skating area.

(12)

No ramps, jumps or other obstacles, may be placed in any skateboard/skating area.

(13)

No skateboard/skating area may be used if any hazardous condition exists, including, but not limited to, inclement weather conditions, and/or significant cracks, breaks or other irregularities in the skating surface of the skateboard/skating area that are visible to the user.

(14)

All organized events utilizing a skateboard/skating area are prohibited without the prior written approval of the community services department.

(15)

No animals are allowed in any skateboard/skating area.

(16)

Personal stereos, earphones and headphones are prohibited within any skateboard/skating area.

(17)

The city is not responsible for items which are lost or stolen within any skateboard/skating area.

(18)

Any person suffering an injury within a skateboard/skating area must promptly report the injury to the city human resources/risk management division.

(g)

Signs required. In order to provide reasonable notice to the public, signs referring to this chapter shall be posted in one or more conspicuous areas at or near the entrance to each of the skateboard/skating area, setting forth the rules and regulations established herein, including prohibiting activities, and stating that any person failing to comply with any provisions of this chapter shall be subject to citation.

(h)

Violations, penalties and enforcement. Any person violating any of the provisions of this section shall be subject to removal from a skateboard/skating area, and such violations shall be punishable as an infraction as provided in section 1.16.010(b).

(i)

Civil remedies available. The violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Code 1972, § 7.22.130; Ord. No. 1252, § 2, 1-13-2009)