Rocklin Municipal Code Ch. 12.20 Public Parks

Footnotes:

--- (1) ---

Editor's note— Section 1 of Ord. No. 1005, adopted Jan. 14, 2014, amended Ch. 12.20, in effect repealing §§ 12.20.010—12.20.090 and enacting new provisions in lieu thereof as §§ 12.20.010—12.20.095. Formerly, such provisions pertained to similar subject matter and derived from Ord. No. 474, §§ 1—7, adopted 1982; Ord. No. 593, § 1, adopted 1988; and Ord. 910, § 1, adopted 2006.

A. This chapter sets forth standards for park utilization and maintenance to maintain and protect the city's parks and recreation facilities and to ensure their availability as a shared resource to all members of the public.

B. Section 50402 of the Government Code of the state of California provides that a city may charge for use or services provided in city parks so long as the charges do not exceed the cost of service. By resolution duly adopted, the city may charge fees for park use and use of various facilities or services at one or more of the city parks or recreation facilities, and add to, subtract from, increase or decrease such charges in amounts reasonably necessary to recover the cost of operating the parks and providing the various services and facilities therein.

(Ord. No. 1005, § 1, 1-14-2014)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

"Alcoholic beverages" means alcohol, spirits, liquor, beer, wine or other liquid which contains one-half of one percent or more of alcohol by volume.

"Commercial activity" means selling, offering for sale, or vending any goods, wares, merchandise, service, performance, or other thing of value, for immediate or future delivery, or requesting monetary donations, pledges, or other things of value for a charitable, religious, cultural, or any other cause.

"Department" means the city department directed by the city manager to oversee parks and recreation facilities in the city.

"Designated area" means an area specially equipped or posted with appropriate signs for camping, picnicking, parking of motor vehicles or other authorized activity.

"Director" means the director or his or her authorized representative of the department which oversees parks and recreation facilities in the city.

"Facility" or "park facility" means any body of water, land, campsite, recreation area, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the city of Rocklin.

"Overnight" means the hours between 11:00 p.m. of one day and 6:00 a.m. of the following day.

"Permit" means written authorization to make use of any park, recreation area or portion thereof, and includes any conditions set forth herein.

"Picnicking" means the consumption of food or beverages.

"Recreation area" means all parks, places, greenbelts, gardens, and any other property owned by the city, including structures thereon, used, operated or maintained for recreational purposes, whether active or passive. The term "owned" shall mean any property interest under which the city operates, maintains or controls such property. The term shall also include any property owned and maintained as open space.

"Trash" means garbage, solid waste, refuse, litter, paper, animal and vegetable matter, and rubbish.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn, including bicycles.

(Ord. No. 1005, § 1, 1-14-2014; Ord. No. 1075, § 3, 7-11-2017)

Whenever a permit is required by provisions in this chapter, an application shall be filed with the director stating:

A. The name and address of the applicant;

B. The name and address of the person, group, organization or corporation sponsoring the activity;

C. The nature of the proposed activity;

D. The dates, hours, and park facility for which the permit is desired;

E. An estimate of attendance; and

F. Any other information which the director, regarding public health, safety and welfare, finds reasonably necessary to a fair determination as to whether a permit should issue.

(Ord. No. 1005, § 1, 1-14-2014)

The director shall issue a permit hereunder when he or she finds:

A. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

B. That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation;

C. That all conditions including, where applicable, any further approvals by regulatory agencies or the city council, the payment of fees, and insurance coverage are met;

D. That the proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct;

E. That the proposed activity or use will not entail unusual, extraordinary, or burdensome expense or security operation by the department; and

F. That the facilities desired have not been reserved for other use.

(Ord. No. 1005, § 1, 1-14-2014)

No person shall use, occupy, or otherwise remain in any park facility or portion thereof for which a permit is required without first having obtained such permit.

(Ord. No. 1005, § 1, 1-14-2014)

Any person using a park facility or portion thereof which may be reserved by obtaining a permit, but who has not obtained such a permit, shall vacate said area when holders of a valid permit present themselves.

(Ord. No. 1005, § 1, 1-14-2014)

No person shall fail to produce and exhibit a permit he claims to have upon request of any department employee or any peace officer who desires to inspect said permit for the purpose of enforcing compliance with any regulations in this chapter.

(Ord. No. 1005, § 1, 1-14-2014)

It shall be unlawful and a violation of this chapter for any person to:

A. Enter or remain on the premises after the established closing hours.

B. Operate or park a vehicle in other than designated areas or over established roads.

C. Operate any motorized vehicle, whether gas or electric powered, whether licensed or unlicensed, within any recreation area as that term is defined in section 12.20.015, including but not limited to any playground area, pump track, or skate park, unless performing work for the city. The term "motorized vehicle" includes but is not limited to any and all vehicles commonly known as automobiles, motorcycles, E-conveyances, E-skateboards, E-bikes, and E-scooters.

D. Park or allow any vehicle to remain in excess of eight consecutive hours.

E. Start or maintain fires in parks, except for barbecuing food, using established barbecue facilities or personal portable barbecues within designated picnic areas. No person shall fail to fully extinguish live coals, embers, or fires before leaving the barbecue facilities or picnic area.

F. Allow or permit any person under the age of six under their custody, jurisdiction or control, to enter or remain without providing adequate supervision.

G. Leave, drop, place or deposit any trash; except in receptacles provided for trash.

H. Conduct or carry on an assembly of more than twenty-five people in a park, which assembly is intended or can reasonably be expected to last more than thirty minutes or which does in fact last more than thirty minutes, without first obtaining a permit from the director.

I. Remain at an assembly or public demonstration after having been requested to leave by a peace officer.

(Ord. No. 1005, § 1, 1-14-2014; Ord. No. 1075, § 3, 7-11-2017; Ord. No. 1182, § 4, 12-10-2024)

A. Responsibility of Parent(s) or Guardian(s). No parent or guardian of any minor child or ward shall authorize or knowingly permit any minor child or ward of that parent or guardian to violate any of the provisions of this chapter.

B. Penalty for Violations. Every person violating any provisions of this chapter shall be subject to the penalties provided for in chapter 1.14, including but not limited to section 1.14.023 of the Rocklin Municipal Code and any or all other remedies allowed by applicable law. Each and every parent or legal guardian of a minor who violates this chapter shall be liable for the penalties and payment of civil damages pursuant to Civil Code Section 1714.1(b) to the fullest extent applicable.

C. Violation Severity. Violation of any section of this chapter may be charged as either a misdemeanor or an infraction at the discretion of the city attorney.

(Ord. No. 1182, § 4, 12-10-2024)

A. Except as provided in subsection B, and subsection C of this section regarding neighborhood parks, no person or persons shall remain in any city park between the hours of 11:00 p.m. and 6:00 a.m. of the following day without having received a permit to do so from the director or his authorized representative.

B. The permit requirement established in subsection A above shall not apply to:

1. Any person or persons going to, attending, or participating in any activity or event which is regularly scheduled and coordinated by the Rocklin recreation department or any activity or event conducted under a lease or permit from the city; or

2. Any person or persons exiting the park immediately after the conclusion of such an activity or event; or

3. Any police officer or employee of the city while engaged in the performance of his or her duties.

C. No person or persons shall remain in any city neighborhood park between one hour after sunset and sunrise of the following day. For purposes of this subsection C, a city neighborhood park shall be as defined in the open space for outdoor recreation element of the Rocklin general plan.

D. For all park facilities other than community and neighborhood parks, the director shall determine the hours of operation of Rocklin park and recreation facilities based on the following criteria:

1. Weather conditions;

2. Seasonal recreation activities scheduled or expected to occur at the park facilities;

3. Nature or extent of public use of the park facilities;

4. Cost effectiveness of operation of the park facilities.

(Ord. No. 1005, § 1, 1-14-2014)

The director may establish and post regulations governing the use of park facilities which are not inconsistent with regulations contained in this chapter and which promote public health and safety and the preservation of property. A violation of the posted rules or regulations may be charged as an infraction.

(Ord. No. 1005, § 1, 1-14-2014)

A. No person shall engage in any commercial activity in any city park unless the commercial activity is authorized under the terms of a lease, operating agreement, or permit issued by the director.

B. The director may authorize commercial activities within any city park in connection with special programs or events sponsored or co-sponsored by the city, if he or she determines that the commercial activity complements and enhances the special program or event and does not detract from the use of the city park for ordinary park purposes.

C. In determining the type and extent of commercial activities to be authorized, the director shall consider their potential impact on the city park and surrounding neighborhood. The director shall establish guidelines for selection of authorized commercial activities. The selection decisions made by the director shall be final.

D. The provisions of this section shall not be deemed to apply to the sale or distribution of newspapers, books, pamphlets, or other activity constituting protected speech under the First Amendment of the United States Constitution or comparable protections under the California Constitution.

(Ord. No. 1005, § 1, 1-14-2014)

No person shall:

A. Deposit any earth, sand, rock, stone, or other substance within any park facility, nor shall he dig or remove any such material from within any park facility, nor shall he erect or attempt to erect any building, wharf, or structure of any kind by driving or setting up posts or piles, or in any manner appropriate or encumber any portion of the real property owned, operated, controlled, or managed by the department, without a permit from the director;

B. Dig up, pick, remove, mutilate, injure, cut, or destroy any turf, tree, plant, shrub, bloom, flower, artifact, or archeological site, or any portion thereof;

C. Cut, break, injure, deface, or disturb any building, sign, fence, bench, structure, apparatus, equipment, or property, or any portion thereof; or

D. Without a permit from the director, make or place on any tree, plant, shrub, bloom, flower, building, sign, fence, bench, structure, apparatus, equipment, or property, or on any portion thereof, any rope, wire, mark, writing, printing, sign, card, display, or similar inscription or device.

(Ord. No. 1005, § 1, 1-14-2014)

No person shall possess any cup, tumbler, bottle, jar or other container made of glass and used for carrying or containing any liquid for drinking purposes within any park or park facility, except in locations where such containers are permitted under the terms of a lease, operating agreement or permit.

(Ord. No. 1005, § 1, 1-14-2014)

No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks at any public gathering or patriotic celebration provided a permit for such discharge or display has been obtained from the director.

(Ord. No. 1005, § 1, 1-14-2014)

A. Except as provided in subsection B, no person or persons shall use, maintain, possess, fire, or discharge any firearm, air gun, spring gun, paintball gun, bow and arrow, slingshot, or any other weapon potentially dangerous to wildlife or human safety, in any park facility. A violation of the provisions of this section is a misdemeanor.

B. Subsection A shall not apply to:

1. A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the California Penal Code; or

2. A retired police officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the California Penal Code; or

3. A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California; or

4. A person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 of the California Penal Code; or

5. A person who has permission to possess that weapon granted in writing by the director or the chief of police specifying the area, times and conditions designated for such use.

(Ord. No. 1005, § 1, 1-14-2014; Ord. No. 1022, § 1, 1-13-2015)

A. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, hookah pipe, plant or other combustible substance in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices).

B. Smoking is prohibited in all recreational areas, as defined in this chapter and on city-owned property, except the city or the private entity controlling the recreational area or city property may designate certain specified area where smoking is permitted if all the following criteria are met:

1. The designated area must be clearly designated and marked with smoking permitted signs.

2. The area must be at least fifty feet from any picnic areas, sports fields or improvements used for recreational activity, food vendors, lines for recreational activities in the recreational area and heating and air conditioning intakes or vents.

3. The area must be completely unenclosed.

4. The agreement or special event permit between the city and a private entity permit the designation of a smoking area.

5. The city manager, parks and recreation director or their designee may designate locations where smoking is permitted pursuant to this section. No city official is required to designate a smoking area and may consider the uses in the recreation area, fire hazards, proximity to fields, elderly, children and employees and other factors in her/her discretion.

(Ord. No. 1005, § 1, 1-14-2014; Ord. No. 1070, § 2, 6-13-2017)

Editor's note— Ord. No. 1070, § 2, adopted June 13, 2017, changed the title of § 12.20.085 from "Smoking" to read as herein set out.

No person other than one acting under the direction of the director shall duplicate or cause to be duplicated a key used by the department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped to any unauthorized person.

(Ord. No. 1005, § 1, 1-14-2014)

A. No person shall possess any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which has been partially removed, within any park or park facility which has been posted with signs prohibiting such possession. The city may, by resolution, designate, or authorize the director to designate, the park or park facilities to be posted.

B. It shall be unlawful for any person under twenty-one years of age to be in possession of an alcoholic beverage while such person is in or upon any park facility. Notwithstanding any other provision of this code to the contrary, violation of the provisions of this section shall constitute an infraction, and shall be punishable pursuant to the provisions of Section 36900 of the Government Code.

(Ord. No. 1005, § 1, 1-14-2014)

The denial or revocation of a permit by the director may be appealed by the applicant or permit holder as set forth in Chapter 12.01 of this title.

(Ord. No. 1096, § 3, 5-22-2018)