Chapter 94 — PARK REGULATIONS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AT LARGE. An animal off the premises of its owner and not under restraint by a leash.

DANGEROUS DOG. Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed dangerous:

(1) An attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting himself or herself peacefully and lawfully.

(2) An attack which results in property damage or in an injury to a person when such a person is conducting himself or herself peacefully and lawfully.

(3) An attack on another animal, livestock, or poultry which occurs on property other than that of the owner of the attacking dog.

(4) Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully.

DOG LICENSE. A license tag required to be obtained annually for each individual dog.

LIVESTOCK. Any domesticated cattle, goats, swine, sheep, and equine which are kept in captivity or under the control or ownership of any person for any purpose.

PARKS. All parks owned by the city.

POLICE SERVICES COMMANDING OFFICER. The city's Police Services Commanding Officer and his or her authorized representative.

(`67 Code, § 3-11-1) (Am. Ord. 2015-011, passed 6-23-15)

It shall be unlawful for any person, association, society or company to hold any picnic, celebration, service, exercise or assembly for 100 or more persons, or to which the general public is admitted or invited to attend, unless a permit in writing therefor is obtained from the Director of Parks and Recreation or designee pursuant to the permit requirements established and amended from time to time by the Director of Parks and Recreation.

(`67 Code, § 3-11-2) (Am. Ord. 2015-011, passed 6-23-15)

(A) With the exception of Jacob Myers Park, all city parks shall be open to the public from 6:00 a.m. until one hour after dusk, except for a city-sanctioned function or event. Each park shall have the closing hours posted at the entrance or at some other prominent place in the park.

(B) Jacob Myers Park shall have the following hours:

• (1) April through September the Jacob Myers Park will be open from 7:00 a.m. until 8:00 p.m., with the trail area in the park closing at 7:30 p.m.

(2) October through March the Jacob Myers Park will be open from 7:00 a.m. until 6:00 p.m., with the trail area in the park closing at 5:30 p.m.

(C) At all other times, aside from the hours designated herein, all city parks shall be closed to the public. Visiting or entering a city park at a time that it is closed to the public is a violation of this chapter.

(`67 Code, § 3-11-3) (Am. Ord. 98-06, passed 11-23-98; Am. Ord. 2015- 011, passed 6-23-15)

In order to promote the safety, comfort and convenience of persons using any park or recreation area, the Council may, from time to time, by ordinance, adopt rules and regulations not inconsistent with the provisions of this chapter. Such rules and regulations may include regulating the speed of vehicles, establishing parking areas, and areas where parking and driving of vehicles is prohibited, areas where certain games and activities are prohibited and such other rules and regulations as in the opinion of the Council are necessary for the safety, comfort and convenience of persons using such park or recreation area. When such rules and regulations have been adopted and signs erected within the park or recreation area or portions thereof affected thereby informing the public of the substance of such rules and regulations, it shall be unlawful for any person to fail to comply therewith.

(`67 Code, § 3-11-4) (Ord. 78-11, passed 7-24-78; Am. Ord. 2005-011, passed 6-27-05)

The use or possession of any bottle or glass container which was originally designed for use as a beverage container or which contains a beverage by any person, association, society or company while on the premises of any city park shall be unlawful.

(`67 Code, § 3-11-5) (Ord. 86-25, passed 10-27-86)

Consumption of alcoholic beverages shall be prohibited in all municipal parks. (`67 Code, § 3-11-6) (Ord. 91-07, passed 5-13-91; Am. Ord. 96-05, passed 6-10-96)

Cross-reference:

Alcohol regulated, see §§ 111.01 and 111.02

It is unlawful for any person to do any of the following:

(A) To drive or operate any motor vehicle in any park at a speed in excess of 15 miles per hour.

(B) To commit in riotous, boisterous, threatening, or indecent conduct or language or to otherwise make noises in such a manner as to disturb any picnic, meeting, sporting event, or reasonable person.

(C) To disturb or interfere with any employee of the city or designee acting within the scope of his or her employment, or to disturb or interfere with any spectator or participant in any event or activity conducted in any city park, or to enter any park for the purpose of committing any such disturbance or interference.

(D) To smoke tobacco or marijuana in any city park area designated as a tobacco free zone.

(E) To consume alcoholic beverages within any city park or with 15 feet of an abutting edge of any city park or parking lot of any city park.

(F) To enter or remain in a park while under the influence of intoxicating liquor or any drug.

(G) To litter, soil, or defile restrooms. No person over the age of six years shall use restrooms designated for the opposite sex.

(H) To move or remove from one location to another any equipment used for park maintenance or to tamper with any park equipment.

(I) To climb onto any building or structure in a park not designated for such activity.

(J) To offer any article of food or drink for sale; or station or place any stand, cart or vehicle for the transportation, sale or display of any such article of food or drink in the park or on public property adjacent to such park without a permit issued by the Director of Parks and Recreation.

• (K) To fail to obey all posted signs regulating park use.

(L) To fail to obey the lawful order of any peace officer, or city employee or other individual authorized to enforce the rules and regulations as set forth herein.

(M) To 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.

(N) To park a vehicle in a park in any place 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 a designated city representative or peace officer who may be present.

(O) To deface or vandalize city property or the property of others within a park.

(P) To dig or otherwise disturb any park area or in any way injure or impair the natural beauty or usefulness of any park area.

(Q) To violate any provision of Chapter 91, Animal Control, of the code or this chapter within a city park. (`67 Code, § 3-11-7) (Ord. 99-02, passed 3-8-99; Am. Ord. 2003-015, passed 11-24-03; Am. Ord. 2009-009, passed 10-12-09; Am. Ord. 2015-011, passed 6-23-15; Am. Ord. 2017-004, passed 2-28-17) Penalty, see § 94.99

(A) Animals in city parks are subject to the requirements of Chapter 91 of the code and subject to the provisions of this chapter when animal control issues arise in a city park. The person owning, controlling or having custody of such animal shall be jointly and severally responsible for all damages caused by such animal.

(B) For purposes of this chapter, livestock or domesticated fowl, birds, and reptiles are prohibited in city parks except under the direction of the city's Director of Parks and Recreation related to community special events.

(C) For purposes of providing immediate safety and health measures to city park patrons and personnel, in addition to those authorized to enforce Chapter 91, Animal Control, of the code, any authorized city staff member or contracted security services personnel designated by the city's Director of Parks and Recreation can enforce the following provisions and issue an administrative citation for said violations within city parks.

(D) It shall be unlawful for the owner or any person having charge, care, custody, or control of any dog, whether licensed or unlicensed:

(1) To enter a city park with a dog that is not restrained with a leash of no more than six feet in length and of suitable strength.

(2) To enter a city park without a current dog license tag attached to the dog's collar, harness, or other dog restraining device and keep the license displayed at all times. A warning citation may be issued for the violation of this provision.

(3) To enter a city park with a vicious or dangerous dog which demonstrates threatening or aggressive behavior towards people or other animals or that has a known history of such behavior.

(4) To suffer, permit, or allow the dog to run at large in any city park.

(5) To allow a dog to remain upon the open bed or areas of any truck, trailer, or vehicle, without being securely and safely restrained by a substantial chain or leash that prevents the dog from expending any part of its body past the edge of the bed or open area of the truck, trailer, or vehicle, and which prevents said dog from causing any harm to itself or any park patron or personnel.

(6) To leave a dog alone and unattended in a vehicle, truck, or trailer or on the premises of a city park.

(7) To permit, either willfully or through failure to exercise due care or control, such dog to defecate and to allow the feces to remain upon a public park, and fail to immediately and securely enclose all feces deposited by such dog in a bag, wrapper, or other container, and dispose of it in a sanitary manner.

(8) This provision shall not apply to individuals with disabilities who have the charge or control of a certified guide or assistance dog.

(9) To permit, either willfully or through failure to exercise due care or control, such dog to urinate upon city playground equipment, a facility or facility equipment, or upon the property of patrons in a city park.

(10) To remain on the premises of a city park with a dog that has demonstrated threatening or aggressive behavior towards people or other animals, or that has attacked, bitten, scratched, or harassed people or other animals without provocation.

(11) To permit a dog to create a public nuisance threatening the safety and health of people or other animals or disturbing the peace in a city park.

(E) Any person violating any of these provisions may be cited and ordered to leave the park.

(F) Procedures upon a dog bite. In the event that any dog shall bite any person or shall attack another animal on the premises of a city park, the designated city personnel or contracted security services personnel shall have the authority, as appropriate:

(1) To determine whether such incident requires an emergency call to the city's animal control services, police services, and medical responders.

(2) To complete an incident report and provide a copy of the report to the City Manager for follow up with the city's contracted animal control services.

(3) To request the dog license information of such dog.

• (4) To inform the owner or any person having charge, care, custody, or control of such dog, to deliver such dog to the Oakdale animal shelter.

• (5) To issue an administrative citation for violations under this chapter.

(6) To request the owner or any person having charge, care, custody, or control of such dog to leave the city park with such dog.

(Ord. 2015-011, passed 6-23-15)

(A) Peace officers, or as designated by the Director of Parks and Recreation, contracted security services personnel, and other authorized employees, may at any time order that all or part of a city park, either temporarily or at regular intervals be closed. It shall be a misdemeanor for any person to remain in the area after such an order has been given. (B) The individual giving the order to close the park shall, on the next regular city workday, submit to the City Manager a detailed report of the reasons for the order.

(`67 Code, § 3-11-9) (Ord. 99-02, passed 3-8-99; Am. Ord. 2015-011, passed 6-23-15) Penalty, see § 94.99

As a further measure to protect the health, safety, and welfare of persons using a city park, any person violating a provision of this chapter or, while in a city park, any provision of state or local law may be ordered by a peace officer, employee, or any agent of the city authorized to enforce the provisions of this chapter to leave all or part of a city park and not to reenter such area for any period up to 24 hours. Failure to obey such order shall be an infraction, in addition to the original violation.

(`67 Code, § 3-11-10) (Ord. 99-02, passed 3-8-99; Am. Ord. 2011-003, passed 6-27-11; Am. Ord. 2015-011, passed 6- 23-15) Penalty, see § 94.99

(A) It is unlawful for any person to use or operate a skateboard, inline skates, or similar device on or in a public skate park facility located within the city, unless that person is, at all times, wearing properly fitted and fastened protective devices consisting of a helmet, knee pads, wrist guards, and elbow pads, which are commercially manufactured and designed specifically for the designated activity. The only coasting devices permitted within a public skate park facility are skateboards, roller skates, and inline skates. Bicycles, coasters, scooters, or other rolling or wheeled devices are strictly prohibited.

(B) It shall be unlawful to use or possess tobacco or marijuana products of any kind, including but not limited to, chewing tobacco, cigars, cigarettes, joints, pipes, and smoking vapor devices in or upon any city skate park facility or within 50 feet of the exterior boundaries of such facilities and to discard lighted or unlighted cigars, cigarettes, joints, pipes, or smoking vapor devices, in said areas.

(C) Alcohol and other controlled substances are prohibited anywhere within 50 feet of the skate park.

(D) No person under the age of 12 years of age will use the skate park without the supervision of a parent or legal guardian.

(E) Any person violating any of the provisions of this section is guilty of an infraction punishable in accordance with the provisions of the Riverbank Municipal Code.

(F) The parent or legal guardian having control or custody of an un-emancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for any fines imposed pursuant to this section.

(Ord. 2003-004, passed 4-14-03; Am. Ord. 2015-011, passed 6-23-15; Am. Ord. 2017-004, passed 2-28-17)

(A) It is unlawful to have bounce houses or any similar inflatable device on city park premises or other city property without a city issued permit. The permit requires compliance with the manufacturer's operating procedures for the specific bounce house or inflatable device. The fee for the permit shall be established by City Council resolution.

(B) The bounce house or inflatable device company used is required to have a Riverbank Business License and provide a Certificate of Insurance of $1,000,000 and name the City of Riverbank as additional insured as well as any other insurance terms the city may require.

(C) The city will specify where the bounce house or similar inflatable device is to be located at each park in order to eliminate damage to sprinkler heads, lawn area, and the like.

(D) Vehicles are prohibited to drive onto any park area to load or unload the bounce house or similar inflatable device.

(E) Bounce houses or any similar inflatable device shall be operated by a generator to avoid cords causing a tripping hazard.

(F) Water bounce houses and two-story bounce houses or any similar inflatable devices are prohibited.

(G) Bounce houses or any similar inflatable devices are prohibited at Jacob Myers Park.

(Ord. 2005-011, passed 6-27-05; Am. Ord. 2015-011, passed 6-23-15)

Any violation of this chapter shall be enforceable pursuant to Chapter 99 of the Municipal Code of Riverbank. Peace officers, or as designated by the city's Director of Parks and Recreation, contracted security services personnel, or any authorized city employee, may enforce this chapter. The Director of Parks and Recreation or designee shall have the authority to regulate the activities in park areas, when necessary, to prevent congestion, secure the safety and health of

patrons, and to secure maximum use of the park facilities for the comfort and convenience of all. In addition, the Director or designee, may limit the length of time such facilities, including picnic facilities are used to avoid crowding. Visitors shall comply with any directions given to achieve this end.

(Ord. 2015-011, passed 6-23-15)

The city shall cause this chapter and any other park rules and regulations to be posted at each city park to give park patrons notice of park rules and regulations.

(Ord. 2015-011, passed 6-23-15)

(A) Unless otherwise classified as a misdemeanor in this code, the violation of any provision or failure to comply with any mandatory requirement of this chapter is an infraction.

(B) Unless otherwise noted, any person violating these provisions shall be guilty of an infraction, which shall be punishable by:

• (1) A fine not exceeding $100 for the first offense;

• (2) A fine not exceeding $200 for a second violation of the same offense within one year of the first offense; and

• (3) A fine not exceeding $500 for each additional violation of the same offense thereafter.

• (C) An issued Administrative Citation under this chapter may be changed to a warning citation at the discretion of

the Director of Parks and Recreation and with the approval of the City Manager. Any further violation of the same offense shall invoke the penalties of a fine.

(`67 Code, § 3-11-10) (Ord. 99-02, passed 3-8-99; Am. Ord. 2011-003, passed 6-27-11; Am. Ord. 2015-011, passed 6- 23-15)