Red Bluff Municipal Code Art. I General Provisions

Section

Cross-reference: Parks and Recreation Commission and Department, see §§ 2.44 through 2.53

The provisions of this chapter shall apply to all parks and recreation areas under the jurisdiction and control of the city.

(`61 Code, § 14A.1) (Ord. 403, passed 8-15-1961)

It shall be unlawful for any person to mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, fencing, paving or paving material, water lines or other public utilities, or parts or appurtenances thereof, signs, notices, placards whether temporary or permanent, monuments, stakes, posts or other boundary markers or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

(`61 Code, § 14A.2) (Ord. 403, passed 8-15-1961)

It shall be unlawful for any person to fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. Male persons shall not resort to any restroom and washroom facilities set apart for women and female persons shall not resort to restroom and washroom facilities set apart for men. This shall not apply to children under the age of six years when accompanied by an adult person.

(`61 Code, § 14A.3) (Ord. 403, passed 8-15-1961)

It shall be unlawful for any person to damage, cut, carve, transplant or remove any tree, plant, wood, turf or grass, or pick the flowers or seeds of any tree or plant or attach any rope, wire or other object to any tree or plant.

(`61 Code, § 14A.4) (Ord. 403, passed 8-15-1961)

It shall be unlawful for any person to climb, walk, stand or sit upon monuments, vases, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.

(`61 Code, § 14A.5) (Ord. 403, passed 8-15-1961)

It shall be unlawful for any person to hunt, molest, harm, kill, trap, shoot or throw missiles at any animal, reptile or bird or remove or have in his or her possession the young of any wild animal or the eggs or nest or young of any reptile or bird. Exceptions to the foregoing is made in that snakes known to be deadly poisonous may be killed on sight.

(`61 Code, § 14A.6) (Ord. 403, passed 8-15-1961)

No person shall ride or drive any horse or other animal, or propel any vehicle, cycle or automobile elsewhere than on the roads or drives provided for such purposes.

(`61 Code, § 14A.7) (Ord. 403, passed 8-15-1961)

(A) No person shall turn loose into the parks any dogs, cattle, swine, goats or other animals or permit the same to run at large in city parks except as authorized in division (B) below.

(B) Unleashed dogs shall be allowed only within the fenced area at Trainor Park that is designated as the dog park area. The use of this area shall be subject to the Rules and Regulations for Use of the Red Bluff Dog Park, as adopted by the City Council.

(`61 Code, § 14A.8) (Ord. 403, passed 8-15-1961; Am. Ord. 1033, passed 5-6-2014)

It shall be unlawful for any person to sell or offer to sell any goods, wares, merchandise, article or thing whatsoever or to station or place any stand, cart or vehicle for the transportation, sale or display of any article or thing without a written permit or by entering into a contract with the city therefor. Concessionaires shall keep and maintain their premises in a neat and orderly condition at all times and, in the conduct of their business, shall comply with all state and city ordinances pertinent to the business.

(`61 Code, § 14A.9) (Ord. 403, passed 8-15-1961)

It shall be unlawful for any person to engage in loud, boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly or obscene conduct or behavior tending to a breach of the public peace and enjoyment of park and recreation areas.

(`61 Code, § 14A.10) (Ord. 403, passed 8-15-1961)

It shall be unlawful to camp, lodge, loiter or tarry overnight without the express permission of the city.

(`61 Code, § 14A.11) (Ord. 403, passed 8-15-1961)

No person, without first obtaining a written permit from the City Manager or entering into a contract with the city, shall:

(A) Hold or participate in any parade, drill, exhibition or political or religious meeting;

(B) Speak publicly;

(C) Carry or use firearms of any description, air rifles or slingshots, except those persons so authorized, or discharge any fireworks or explosives substances of any nature;

(D) Erect any structures; or

(E) Hold or participate in any special function other than those conducted by the city.

(`61 Code, § 14A.12) (Ord. 403, passed 8-15-1961)

Any person to whom a written permit is issued by the City Manager, pursuant to the preceding section, shall exhibit the same upon request.

(`61 Code, § 14A.13) (Ord. 403, passed 8-15-1961)

Any person to whom a written permit is issued by the City Manager, pursuant to this chapter, shall be subject to the provisions of this regulation and shall be held liable for any loss, damage or injury caused by its violation.

(`61 Code, § 14A.14) (Ord. 403, passed 8-15-1961)

(A) The city police shall have the authority to eject from any park or recreation area any person violating any applicable ordinance, statute, rule, policy or provisions of this chapter. Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions unless that person is also committing acts that are not protected and that violate a specific provision of the law that would allow for exclusion.

(B) An exclusion from a park or park facilities under the provisions of this section shall be for the specified time periods following the occurrence of the following violations in a park or park facility:

(1) Seventy-two hours. A single infraction of park rules, ordinances or any violation of law will result in a 72-hour ejection from all parks;

(2) Thirty days. A second ejection from a park within the previous 12 months will result in a 30-day exclusion from all parks;

(3) Ninety days. A third ejection from the park within the previous 24 months will result in a 90-day exclusion from all parks; and

(4) One year. A fourth ejection from the park within 24 months will result in a one-year exclusion from all parks.

Exclusions cover all parks and park facilities, regardless of the location of the incident causing the exclusion notice to be issued.

(C) Written notice shall be given to any person excluded from any park or park facility under this section. The notice shall specify the date the exclusion begins and duration of the exclusion, shall identify the offending conduct leading to the exclusion, and shall inform the excluded person of the right to appeal the exclusion. The exclusion notice shall be signed by the issuing employee or officer and shall also state any penalties for failure to comply.

(D) Any exclusion shall begin immediately upon the issuance of the ejection/exclusion notice and end at 5:30 a.m. on the day following the end of the exclusion.

(E) Within ten days, a person receiving a notice of ejection/exclusion may appeal the exclusion in writing to the Chief of Police, as applicable, for a waiver or modification of the exclusion for good cause. Upon review by the Chief of Police or designee, the exclusion shall be upheld if the exclusion notice includes information indicating that more likely than not, the person committed the violation and if the exclusion is otherwise in accordance with the law. The Chief of Police or designee shall have authority to modify the terms of the exclusion for good cause. The decision of the Chief of Police or designee shall be final.

(F) The Police Department will maintain an accurate database of those persons excluded from the parks and other park facilities.

(G) No person subject to the exclusion notice shall enter or remain in any park or park facility at any time during the period indicated by the exclusion notice. Violation of this section may be charged as an infraction for the first violation and as a misdemeanor for subsequent violations of the same exclusion notice.

(`61 Code, § 14A.15) (Ord. 403, passed 8-15-1961; Am. Ord. 1058, passed 8-4-2020; Am. Ord. 1066, passed 6-21-2022)

(A) Sound amplification is prohibited within the confines of the public park and recreational areas within the city, and all those portions of streets and alleys contiguous thereto. Between the hours of 7:30 a.m. and 10 p.m., sound amplification shall be permitted up to a maximum volume level of 75 decibels at a distance of 50 yards from the amplification source where a written permit is previously obtained from the Director of Parks and Recreation.

(B) Applications for a permit to amplify sound in a public park or recreation area shall include the following:

(1) Name and address of the applicant;

(2) Name and address of the person who shall have direct responsibility for the use and operation of the sound amplification equipment;

(3) The purpose for which the sound amplification is proposed to be used;

(4) The designated location within the park or recreation area where it is proposed to install and operate the sound amplification equipment;

(5) A general description of the sound amplifying equipment which it is proposed will be used; and

(6) The maximum sound producing power of the proposed sound amplifying equipment to be used, including:

(a) The wattage of the equipment;

(b) The maximum volume in decibels of sound which the equipment will produce; and

(c) The approximate maximum distance during daytime hours at which sound from the equipment may be heard with the equipment in operation at maximum volume.

(C) The Director of Parks and Recreation may establish reasonable restrictions on the requested use of the sound amplification equipment as a condition to the issuance of a permit and violation of any one or more of the conditions shall be cause for immediate revocation of the permit.

(D) Permits shall be issued to a single specified applicant and the permittee shall be present at all times during the use of the sound amplification equipment pursuant to the permission provided by the permit. All conditions and limitations upon the permitted use shall be set forth upon the face of the permit and the permit shall be displayed to any employee of the city requesting the display.

(`61 Code, § 14A.16) (Ord. 567, passed 11-25-1975; Am. Ord. 777, passed 5-5-1987)

No fire shall be started or fueled, except in fireplaces, barbecue fixtures or pits especially provided for that purpose.

(`61 Code, § 14A.17) (Ord. 403, passed 8-15-1961)

It shall be unlawful to bring or possess a shopping cart into the city parks.

SHOPPING CART means a basket or a similar device which is mounted on wheels and is generally owned and used as part of a retail establishment and used by a customer for transporting goods.

(`61 Code, § 14A.18) (Ord. 403, passed 8-15-1961; Am. Ord. 1058, passed 8-4-2020)

All parks and recreation areas shall be closed between the hours of 10:00 p.m. and 5:30 a.m. of each day. No persons shall be permitted to be in those parks during the time they are closed, except authorized city employees or persons or groups who have received permission to be in the parks by authority of the Director of Parks and Recreation.

(`61 Code, § 14A.19) (Ord. 631, passed 5-1-1979; Am. Ord. 665, passed 5-5-1981; Am. Ord. 777, passed 5-5-1987; Am. Ord. 793, passed 4-19-1988; Am. Ord. 1058, passed 8-4-2020; Am. Ord. 1066, passed 6-21-2022)

(A) No person shall possess any glass beverage container in any city park in the city. A “beverage” is as any liquid intended for human consumption.

(B) A violation of this chapter shall be an infraction and shall be punishable as such.

(`61 Code, § 14A.20) (Ord. 665, passed 5-5-1981)

An organization or sponsor of a proposed recreational run, all or part of which is to be held inside the city limits, shall first obtain a permit to be issued by the Chief of Police and the permit shall be issued subject to the following conditions:

(A) In the event that it is anticipated that more than 15 persons, regardless of age, shall participate in the run, for recreational purposes, a permit shall be required.

(B) No fees shall be charged for the permit, but the applicant for the permit shall, not less than 21 days before the proposed run, apply for the permit through the Chief of Police and specify the number of persons anticipated to be participating, the route to be taken and the need, if any, for traffic control and, or street closures.

(C) In the event any street closures are required, it shall be a prerequisite to the issuance of the permit that the City Council approve the street closures. The necessity for street closures and/or traffic control shall be determined by the Chief of Police.

(D) In the event that it is determined that traffic control is required by reason of the route to be taken or otherwise, the city may charge a fee sufficient to pay the cost of providing uniformed police personnel to control the traffic at the various points along the route where traffic control is deemed necessary.

(E) A group shall be considered organized or sponsored if participants are solicited to run in the race or event or if the event is held annually or more often at or about the same time of year.

(F) The purpose of this section is to provide for the health, safety and welfare of persons participating in organized or sponsored running events and is not intended to discourage any event held for recreational purposes.

(G) This section shall apply only where runners participate in a race which uses the public rights-of- way and shall not apply to athletic events or similar running contests held on athletic fields or on private property.

(H) No penalty shall attach to individuals participating in a running contest which is held without first having obtained a permit, but the contest may be terminated by the order of the Chief of Police, either before its beginning or during the contest. Failure to disperse after being ordered to do so by the Police Department shall be an infraction, punishable as such. The organization sponsoring the run shall likewise be deemed to have committed an infraction.

(`61 Code, § 14A.21) (Ord. 718, passed 7-5-1983)

The city is authorized to post signs at city parks and recreational areas, limiting access of motor vehicles to parking lots and roadways and prohibiting motor vehicles from driving on to the park and recreational areas.

(`61 Code, § 14A.22) (Ord. 764, passed 8-5-1986)

There shall be no swimming or water activities permitted, other than boat launching, docking and retrieval, within that body of water located at the south end of the city river park near the confluence of Reeds Creek and the Sacramento River, and which body of water is surrounded by land on all sides with an opening to the river on the east side and within which the boat launching ramp enters.

(`61 Code, § 14A.23) (Ord. 864, passed 10-4-1994)

(A) Intent and purpose of skateboard park. It is the intent of this section to designate and to establish regulations for the safe use of public skateboarding and skating areas within the city.

(1) Designated skateboarding and skating areas. The public area designated for skateboarding and skating within the city is the skatepark located at the south end of Diamond Park on Diamond Avenue in the city.

(2) Regulations for use. The following regulations shall apply within the skateboarding and skating areas designated by this section:

(a) No person shall use or permit a minor for whom he or she is responsible to use a designated skateboarding and skating area unless the person or minor, while in possession of a skateboard or in-line skates, is wearing proper safety equipment including at least a helmet, elbow pads and knee pads.

(b) No person shall skate or skateboard at times other than those established as the hours of operation. The hours of operation shall be 5:30 a.m. to 10:00 p.m.

(c) No person shall use a skateboarding and skating area for uses other than skateboarding and in-line skating.

(d) No person shall ride a bicycle or any other wheeled device other than a skateboard or in-line skates on the surface of a skateboarding and skating area.

(e) No person shall use alcohol, tobacco, or drugs in the designated skateboarding and skating areas.

(f) No person shall litter in a skateboarding and skating area. All persons using such an area must place any trash they create or bring to the skatepark in receptacles provided by the city.

(g) No person shall engage in activities within the park which violate any of the posted rules.

(h) No person shall cause graffiti or tagging in or on a skateboarding and skating area of anywhere in the surrounding park.

(i) No person shall bring any additional obstacles or other materials (ramps, jumps, and the like) into the skatepark or skating areas.

(j) Skateboarding is determined to be a hazardous recreational activity. The City of Red Bluff will not be liable for injuries pursuant to California Health and Safety Code §§ 115800 and 115800.1 and California Government Code § 831.7.

(B) Violations.

(1) Violation of any provision of this section shall be punishable as an infraction, and may be grounds for the city to remove the offender from a designated skateboarding and skating area.

(2) Fines for any violations contained in this section will be set by resolution.

(Ord. 948, passed 12-16-2003; Am. Ord. 1066, passed 6-21-2022)

(A) It shall be unlawful to smoke or vape any substance within the city parks outside of an enclosed vehicle.

(B) Definitions.

(1) SMOKE or SMOKING means the carrying, use, or smoking of any kind of lighted, combustible, smoldering, or burning cigarette, pipe, cigar, hookah or other lighted smoking equipment including but not limited to tobacco, flavored tobacco products, or cannabis.

(2) VAPE or VAPING means the use of a vapor product, or the act of inhaling/exhaling the vapor or aerosol from a vapor product.

(3) VAPOR PRODUCT means any:

(a) Device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;

(b) Cartridge or container of a solution or substance intended to be used with or in such a device or to refill such a device; or

(c) Solution or substance intended for use in such a device, including, but not limited to, concentrated nicotine.

VAPOR PRODUCT includes any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, vape pens, or similar products or devices.

(C) Except where otherwise noted, a violation of this chapter shall be an infraction and shall be punishable as such.

(Ord. 1058, passed 8-4-2020)