Petaluma Municipal Code Ch. 13.28 Use of Public PARKS1

1 Editor’s Note: For statutory provisions authorizing cities to regulate signs or advertisements in public parks,

see Gov. Code §38774. For the statutory provisions authorizing municipalities to prevent or prohibit

encroachments or obstructions in or to parks, see Gov. Code §38775. For regulations governing permits required

for meetings, etc., in parks, see Chapter 13.32.

This chapter shall be known as the "Petaluma Park Ordinance." (Ord. 1586 NCS §2, 1984.)

The purpose of this chapter is to regulate the use of city parks and establish the standards for issuance of park

permits so that all persons may enjoy and make use of such parks and to protect the rights of those in the

surrounding areas. (Ord. 1586 NCS §2, 1984.)

A. "AmpliLed sound" means music or speech projected or transmitted by electronic equipment, including but

limited to ampliLer, loudspeakers or any similar device.

B. "City manager" means and refers to the city manager or his designee.

C. "Director" means and refers to the director of the department of parks and recreation or his designee.

D. "Exclusive use" means the right to use a park, or area thereof, for any activity at a speciLed time, to the

exclusion of all others.

E. "Facility permit" means written permission by the director for a speciLed use of a park or area thereof,

including a community building, community ground, barbecue pit area, city pool, athletic facility or any other park

facility.

F. "Parade" means an organized march or procession of persons, animals or vehicles or combination thereof

whose march route crosses park property.

G. "Park" means all city parks, community buildings and grounds, athletic facilities, open space areas and other

grounds and facilities owned or operated by the city for park, recreation or open space purposes.

H. "Permit application fee" means the nonrefundable fee to be paid by an applicant for a facility permit. The fee

shall be set by the city council and shall cover the full cost (or portion thereof) of processing and investigating the

application, and administering the park facility permit program.

I. "Permittee" means the person or group which has been granted a facility permit.

J. "Publicize" means to inform the public of a planned activity by means of newspaper articles, notices, radio or

television notices, announcements at public places, leaMetting, posting signs or written notices in places used by

the public, or by any other means calculated to notify the public of any activity.

K. "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid

containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume

and which is Lt for beverage purposes either alone or when diluted, mixed, or combined with other substances.

L. "Consumption" of an alcoholic beverage means and includes drinking, swallowing, sipping, snorting and

imbibing.

M. "Live music" means and includes music generated on-site through the use of musical instruments and/or

voice.

(Ord. 1990 NCS §1, 1995; Ord. 1857 NCS, 1991; Ord. 1586 NCS § 2, 1984.)

The director may designate in writing and/or by posting at the site, certain parks, park facilities, or areas thereof,

which are available for exclusive use only upon obtaining a facility permit pursuant to Section 13.28.050. (Ord.

1586 NCS §2, 1984.)

A facility permit must be obtained from the parks and recreation department prior to sponsoring or conducting

any of the following activities in a park:

A. For the exclusive use of any park area or facility which has been designated by the park director pursuant to

Section 13.28.040 as requiring a facility permit;

B. For any organized activity in which twenty or more persons are expected to participate or attend, or which is

publicized prior to the date of the activity, or which requires special city services;

C. Any activity involving the erection or placement on park property of stages, booths, platforms, sculptures and

other art works, or other similar structures;

D. For the sale or barter of any goods, wares, merchandise, food or beverages (see Section 13.28.140);

E. For any activity involving the use of ampliLed sound (see Section 13.28.150);

F. For any activity involving the use of live music, with live music in McNear Park limited to 10:00 a.m. to 3:00

p.m.

G. Playing or beating drums or other percussion instruments shall be prohibited in Putnam Plaza from 10:00

a.m. to 5:00 p.m. and 8:00 p.m. to 7:00 a.m. This section shall not apply to cultural and recreational events

approved by the city in which a permit or written consent has been granted to engage in such activity. Such permit

or consent may impose reasonable conditions to protect the public health, safety and welfare.

(Ord. 2067 NCS §1, 1998; Ord. 1990 NCS §2, 1995; Ord. 1924 NCS §1, 1993; Ord. 1586 NCS §2, 1984.)

A. Any person applying for a facility permit shall Lle an application on a form provided by the director, not less

than twenty days, nor more than one year (three hundred sixty-Lve days) prior to the proposed use of the park.

The director may waive the application deadline for good cause if suNcient time remains to process the

application, and for the city to prepare for the requested use. Good cause can be demonstrated by the applicant

showing that the circumstances which gave rise to the permit application did not reasonably allow the participants

to Lle within the time prescribed and the proposed activity is for the purpose of exercising the right of free speech.

B. All applications for a facility permit must be signed or cosigned by a person twenty-one years of age or older

who shall agree to be responsible for the requested use of the park.

(Ord. 1586 NCS §2, 1984.)

The application for a park facility permit shall be completed on a form provided by the parks and recreation

department and shall provide the following information:

A. The name, address, and telephone numbers of the permit applicant, organization sponsoring the activity (if

any) and person who shall be in charge of the activity;

B. Park, facility or area thereof requested;

C. Any additional park equipment or personnel requested;

D. The type of activity planned;

E. The starting and Lnishing time of activity;

F. The number of persons expected to attend the activity;

G. The type of equipment or structures (if any) which shall be erected or placed on park property;

H. Whether the activity will involve ampliLed sound and the nature thereof;

I. Type and amount of insurance coverage for the event;

J. Any supplemental information the director shall Lnd reasonably necessary to determine whether to approve

the permit application pursuant to Section 13.34.090.

(Ord. 1586 NCS §2, 1984.)

The director shall approve, conditionally approve or deny a facility permit application for any of the grounds

speciLed in Section 13.28.090. Such action shall be taken no later than four days after receipt of a completed

application, unless time has been waived by the applicant. Notice of the director’s decision shall be delivered

personally to the applicant or mailed to the applicant’s address. If the application is denied the director shall state

the grounds for denial in writing and inform the applicant of his/her right of appeal. If a change in the time or

location of the proposed activity would allow approval of the application, the director shall propose an alternative

location or time for the activity. (Ord. 1586 NCS §2, 1984.)

The director shall approve a facility permit application unless he determines from a consideration of the

application or other pertinent information, that any of the following conditions exist:

A. Information contained in the application, or supplemental information requested from the applicant, is found

to be false in any material detail;

B. The applicant failed to complete the application form after having been notiLed of the additional information

or documents required;

C. The proposed activity would conMict with a previously planned city-sponsored activity;

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

E. A prior application for a permit to use the same location at a conMicting time has been received and such

application has been or will be approved;

F. The nature or size of the activity would be reasonably likely to injure persons or 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;

G. The proposed activity is prohibited by law;

H. The proposed activity is inconsistent with the purpose for which the facility or park area has been established

or designated pursuant to Section 13.28.040;

I. The sole purpose of the activity is advertising or sale of any product, goods, wares or merchandise and is

designed to be held for private proLt and not for First Amendment expression;

J. That the proposed activity would require the assignment of so great a number of city police oNcers to

properly police the park activity, or areas contiguous thereto, as to prevent 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 oNcers 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 after conferring with the director. Whenever a

park application is denied, the director shall state the grounds for denial in writing.

(Ord. 1586 NCS §2, 1984.)

The director may impose reasonable conditions on approval of a park permit application respecting the time,

place, and manner of use of the park. Such conditions may be imposed to ensure the safety of persons, public and

private property, the control of noise, and to ensure that other activities at the park will not be unduly disturbed

by the proposed activity of the applicant. Such conditions, however, shall not unreasonably restrict the right of

free speech. Permit conditions can include, but are not limited to the following:

A. Alteration of the time or location of the proposed activity;

B. Requirements for the use of security personnel or monitors;

C. Requirements that the applicant obtain any legally required permit or license;

D. Requirements for notifying the activity participants of park rules and the terms and conditions of the permit.

E. Inspection and approval by city personnel of stages, booths or other structures erected or placed in the park

in connection with the activity;

F. Restrictions on the use of alcohol.

(Ord. 1586 NCS §2, 1984.)

Upon the granting of a permit under this chapter, any fees or deposits which are adopted by the city council for

the use of city personnel, buildings, equipment, parks and facilities, shall be contained in the permit and the fees

and deposits shall be paid by the applicant prior to the receipt of the permit. (Ord. 1586 NCS §2, 1984.)

Prior to the issuance of the facility permit, the permit applicant and authorized oNcer of the sponsoring

organization (if any) must sign an agreement to reimburse the city for all costs incurred by it in repairing damage

occurring in connection with the permitted activity and caused by the permittee/sponsoring organization, its

oNcers, employees or agents, or any other person who was or reasonably should have been under the

permittee’s or 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 loss, damage,

liability or expense which may arise in any way in connection with the permitted activity caused by the actions of

the permittee/sponsoring organization, its oNcers, employees or agents, or any person who was or reasonably

should have been under the permittee’s or sponsoring organization’s control. (Ord. 1586 NCS §2, 1984.)

A. The applicant/sponsor of an activity which requires a facility permit pursuant to Section 13.28.050 must

possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account

of bodily injury and property damage arising from the activity.

Such insurance shall name on the policy or by endorsement as additional insureds the city, its oNcers, employees

and agents. Insurance coverage must be maintained for the duration of the activity.

B. Coverage shall be a comprehensive general liability insurance policy in an amount prescribed by city council

resolution. The insurance coverage aOorded by the policy shall provide at a minimum the equivalent of insurance

coverage provided by Insurance Services ONce (ISO) comprehensive general liability insurance coverage.

If food or nonalcoholic beverages will be sold or distributed at the activity the comprehensive general liability

coverage must include products liability coverage. If alcoholic beverages will be sold or distributed at the activity,

the policy must also include coverage for liquor liability.

C. A copy of the policy or certiLcate of insurance along with all necessary endorsements must be Lled with the

director no less than Lve days prior to the event, unless the director for good cause waives the Lling deadline.

D. The insurance requirements of subsections A, B and C of this section shall be waived by the director for

nonathletic events if the following conditions are satisLed;

1. The applicant or an oNcer of the sponsoring organization signs a veriLed statement that he believes the

event’s purpose is First Amendment expression, and that he has determined that the cost of obtaining

insurance is so Lnancially burdensome that it would constitute an unreasonable burden on the right of First

Amendment expression, or that it has been impossible to obtain insurance coverage. The statement shall

include the name of an insurance agent licensed to do business in California who has investigated the costs of

such insurance, or state that the applicant/sponsor has reviewed the insurance premium for the required

coverage under a city-held special events insurance policy.

2. The city may, at its discretion, determine to require the applicant/sponsor to apply for insurance

coverage for the event under a policy selected by the city. The applicant/sponsor must provide any

information pertinent to qualify for the insurance coverage. The premium for the insurance coverage will be

paid by the city rather than the applicant/sponsor.

(Ord. 1586 NCS §2, 1984.)

No person shall sell or oOer for sale any goods, wares, merchandise or beverages without the prior written

approval of the director. The director shall determine whether to approve, conditionally approve or deny an

application for a vendor permit within four days after receiving a completed application on a form prescribed by

the director. A denial of an application shall state the grounds therefor, and the applicant may appeal a denial or

conditional approval in the manner described in Section 13.28.160. Written permission shall not be granted by the

director excepting for sales by nonproLt organizations in connection with an organized activity which has been

approved by the director, or for an activity whose primary purpose is First Amendment expression and not private

proLt. The park director may impose reasonable conditions of the issuance of a permit as authorized by Section

The use of ampliLed sound in a park is forbidden unless a facility permit has Lrst been obtained pursuant to

Section 13.28.050. The director, upon granting a permit for use of any ampliLed sound system, may impose

reasonable conditions concerning the location of the sound system, and the maximum decibel level for the sound

system to minimize the amount of ampliLed sound audible in adjacent parks areas and neighborhoods. (Ord.

1586 NCS §2, 1984.)

A. The applicant shall have the right to appeal to the city council a permit denial, permit condition, the director’s

refusal to waive the Lling deadline, or the director’s decision pertaining to fees or insurance coverage required

under this chapter. Notice of appeal shall be Lled no later than seven calendar days after the date of the decision

with the city clerk, stating the grounds for the appeal. Notice of appeal shall be made on a form prescribed by the

city clerk and shall be Lled with the city clerk stating the grounds for appeal. Regular meetings of the city council

are scheduled in accordance with Section 2.04.010 of this code (usually the Lrst and third Monday of each month).

The appeal must be Lled no later than noon on Monday a week preceding the city council meeting to be placed on

the next regular meeting’s agenda. The decision of the city council is Lnal.

B. If there is insuNcient 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 or her option, request the city clerk to schedule the appeal to be

heard before the city manager. The city manager shall hold a hearing no later than three business days after the

Lling of the appeal, and shall render his decision no later than two business days after hearing the appeal. If the

appeal is heard before the city manager, the city manager’s decision is frnal.

(Ord. 1586 NCS §2, 1984.)

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

this chapter.

B. 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.

C. 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. 1586 NCS §2, 1984.)

No person, other than authorized city personnel, shall do any of the following unless written permission has been

obtained from the director:

A. Cut, break, injure, deface or disturb any 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 Mower; to make

or write upon any building, monument, fence, bench or other structure; or carry any Mowers, shrubs or branches

into or through the park;

B. Cut or remove any wood, turf, grass, soil, rock, sand or gravel, or any found object, whether above or below

the ground;

C. Lead or let loose any cattle, horse, mule, goat, sheep, swine or fowl of any kind. Dogs are permitted subject to

posted regulations and Title 9 of this code;

D. Post, place or erect any bills, notice, paper or advertising device of any kind on park equipment;

E. Tear down, deface or destroy any sign posted pursuant to this chapter;

F. Wilfully tamper with or damage any water or gas pipes, hydrant, stopcock, sewer, basin or other construction

in any park;

G. Carry any Lrearms, airgun or slingshot;

H. Make or kindle a Lre except in picnic stoves or other Lxtures provided for that purpose, or camp, except in

places designated as such by oNcial action of the city;

I. Ride or drive any horse or other animal or any motorized vehicle, cycle or scooter elsewhere than on the

roads or drives provided for such purpose, or drive a motor vehicle in an erratic or hazardous manner on any park

roads, paths or parking areas;

J. Enter, remain or stay in the swimming pools in the public parks or the enclosures surrounding the pools at

any time when the pools are not open to the public with a lifeguard on duty;

K. Play or engage in model airplane Mying, driving of golf balls, archery, hardball or any similar games of

hazardous nature except at such places as are especially set apart for such purposes;

L. Throw or place on or in any park any paper, rubbish, garbage or refuse matter of any kind, unless in a

receptacle designed for the purpose; but no person shall deposit household rubbish and garbage in any city park,

rubbish receptacles or in garbage receptacles;

M. Urinate or defecate in a park or recreation facility except in proper Lxtures in a restroom facility designed for

the purpose;

N. Use or possess any glass beverage container within the boundaries of any park;

O. Ride a bicycle around the perimeter of Lucchesi Park Pond, such act being dangerous to both the participant

and pedestrians.

(Ord. 1750 NCS §1, 1989; Ord. 1586 NCS §2, 1984.)

No person shall possess any bottle, can or any other receptacle containing any alcoholic beverage which has been

opened or a seal broken or the contents partially removed, or consume any alcoholic beverage, in any public park

within the city which:

A. Has been designated by the city manager as a park where the consumption of alcoholic beverages is

prohibited, without permit and

B. Has been posted with signs indicating that the consumption of alcoholic beverages is prohibited, without

permit and

C. When the person does not have a permit allowing possession/consumption of alcoholic beverages from the

parks and recreation department.

D. Parks so designated will be at the discretion of the city manager, and he will have the recreation, music and

parks commission notiLed of such decisions for their comments and recommendations to the city council at the

next meeting.

(Ord. 1857 NCS, 1991; Ord. 1767 NCS §1, 1989.)

A. No person, other than authorized city personnel, shall release any Lsh or fowl in Lucchesi Park unless written

permission has been obtained from the director of parks and recreation of the city of Petaluma.

B. Notice of this section shall be posted at Lucchesi Park by signs in compliance with those signs posting closing

hours as speciLed in Section 13.28.200(B) and C.

C. A violation of this section shall be a misdemeanor and upon conviction thereof, shall be punishable of a Lne

of not less than seventy-Lve dollars nor more than Lve hundred dollars, or by imprisonment in the county jail for a

period not exceeding six months, or by both such Lne - and imprisonment.

(Ord. 1786 NCS §1, 1990.)

It is unlawful for any person to enter or remain in a city park, whose closing times have been posted pursuant to

Section 13.28.200, between the hours of ten p.m. and six a.m. or such other time as is posted by the city manager.

This section shall not apply to the following:

A. Any peace oNcer or city employee acting within the course and scope of his employment;

B. Any person who has received a facility permit or other written authorization from the director for use of the

park after closing hours.

(Ord. 1586 NCS §2, 1984.)

A. The city manager is authorized to designate those parks which shall be closed between the hours of ten p.m.

and six a.m. or such other time as determined by the director to prevent potential destruction of public property,

potential nuisance to the residents of adjoining areas, or hazards to persons using park property;

B. The signs posting closing hours shall be not less than one square foot in area and upon which, in lettering not

less than one-half inch in height appear the words "ENTERING OR REMAINING IN THIS PARK BETWEEN 10:00 P.M.

(OR OTHER DESIGNATED HOUR) AND 6:00 A.M. FORBIDDEN BY LAW P.M.C." Any area to remain open shall be

noted on the signs.

C. Each park shall be posted in the following manner:

1. If the park does not contain any lineal dimension exceeding three hundred Lfty feet, by posting signs at

each corner of the area and at intervals not exceeding one hundred Lfty feet, and, if such property has a

deLnite entrance or entrances, at each such entrance;

2. If the park has lineal dimensions exceeding three hundred Lfty feet, by posting signs at each corner of

the area and at intervals not exceeding three hundred feet, and if such property has a deLnite entrance or

entrances, at each such entrance.

(Ord. 1586 NCS §2, 1984.)