Rosemead Municipal Code Ch. 12.44 Park and Recreation Areas

A. It is unlawful for any person to carry, hold, or possess a lighted pipe, cigar, hookah pipe, or cigarette of any kind, to dispose of lighted or unlighted cigars or cigarettes or cigarette butts, or any other related waste, or to use a personalized vaporizer, vapor product, or e-cigarette as defined in the California Health and Safety Code Section 119405(b) and as that Section may be later amended in or upon any city park, playground, or recreation center.

B. One copy of Title 17 , Parks, Beaches and Other Public Areas, of the Los Angeles County Code has been deposited in the office of the City Clerk and shall be there maintained by the City Clerk for use and inspection by the public.

(Amended during 1999 codification; prior code § 10000; Ord. No. 958, 10-27-15)

No person shall enter or remain in any public park or recreation area within the city at any time between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M., except as authorized by the parks and recreation director in writing.

(Ord. No. 1028, § 1, 4-22-25)

Editor's note— Ord. No. 949, § 4, adopted June, 9, 2015, repealed § 12.44.020, which pertained to the park and recreation impact fee and derived from the prior code § 10001.

A. Remaining without permission in any public park or recreation area in violation of Section 12.44.020 will result in the person in violation thereof being a trespasser, and the Director, a Park Ranger, or any peace and/or code enforcement officer ("Enforcement Official"), may remove or exclude the person from a park in accordance with this section in addition to any other remedy or penalty.

1. For the purposes of this section, removal is an order given by the Enforcement Official, directing a person to immediately leave a park and not return until six am.

2. For the purposes of this section, exclusion is an order given by the Enforcement Official, directing a person to immediately leave a park and not return for the period of days specified in this section.

3. Before issuing an exclusion order, the person will be given a verbal or written warning indicating that curfew hours has been violated and a reasonable opportunity to leave the park. An exclusion order will not be issued if the person promptly complies with the direction and immediately leave the park. A warning is not required before issuing an exclusion order where the behavior, conduct, or activity constitutes one or more of the following:

a. A felony or misdemeanor;

b. Obscene, violent, riotous conduct, hunting and/or possession of weapons, pollution of waters, dumping of refuse and trash in violation estimated to cost one thousand dollars ($1,000.00) or more to clean up; and possession or setting off of firecrackers, or other fireworks or explosives of inflammable material in violation of the Municipal Code;

c. Lighting or maintaining a fire in any park;

d. Conduct resulting in property damage estimated to be one thousand dollars ($1,000.00) or more;

e. Dangerous or threatening behavior. Behavior is dangerous or threatening if a reasonable person exposed to or experiencing such behavior could believe that the person would be in imminent danger of physical harm. Actual bodily harm is not required; and

f. Conduct for which a documented prior exclusion order has been issued and not overturned on appeal.

4. Written notice of the exclusion order will be provided to any person excluded. The notice will state that Section 12.44.020 Park Hours is the basis for the exclusion; the date, length, and place of exclusion; a description of the process for filing an appeal; and a warning of the consequences for failure to comply. The exclusion notice shall be signed by the issuing Enforcement Official.

5. The exclusion order will be effective for thirty (30) days, except as stated in paragraph A.6, during which time the violator may not return to the listed park or park facilities. A second exclusion order for the same violator, whether or not issued within the same park, that is issued within a twelve-month period will be effective for sixty (60) days. Additional exclusion orders issued within a twelve-month period of the second exclusion order will be effective for ninety (90) days. No exclusion order overturned on appeal will be counted.

6. The duration of the first exclusion shall be sixty (60) days if one or more of the following occur:

a. A felony;

b. Property damage estimated to be one thousand dollars ($1,000.00) or more; or

c. Dangerous or threatening behavior as defined in this section.

A second exclusion for a person described in this subsection A.6 within a twelve-month period will be effective for one hundred twenty (120) days. Additional exclusion orders issued within twelve-month period of the second exclusion order for a person described in this subsection will be effective for one hundred eighty (180) days. No exclusion order overturned on appeal will be counted.

B. Appeal.

1. The City Manager shall serve as hearing officer on appeal and shall conduct a fair and impartial hearing.

2. A person issued a notice of exclusion may appeal the notice within five days by filing a written appeal with the City Manager. The written appeal shall include the exclusion notice number, reason(s) the person should not have been excluded, and a phone number, address or email at which the City may serve the cited individual a response to their request. Filing an appeal does not preclude the issuance of an exclusion order for a new violation of this section.

3. Upon receipt of a timely and complete notice of appeal, the exclusion order will be stayed. The City Manager will set an administrative hearing that shall be de novo. The exclusion order will be upheld if the City Manager determines by a preponderance of evidence that the person committed the act for which the person was excluded, and the exclusion is otherwise in accordance with the law. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. In lieu of personally appearing at an administrative hearing, the cited individual may request that the City Manager decide the matter based on the notice, the written appeal, and any other documentary evidence submitted prior to the hearing date.

4. The City Manager shall issue a written decision responding to the appeal within five business days. The decision of the City Manager on appeal shall be final.

C. The City shall maintain an accurate database of those persons excluded from parks or park facilities by their respective employees.

D. Notwithstanding the above section, a violation of a removal or exclusion order is unlawful and may be charged as a misdemeanor, as provided by Section 1.16. Nothing in this section limits the authority of the City to obtain an injunction prohibiting or restricting park access by any person.

(Ord. No. 1028, § 1, 4-22-25)

Use of city parks shall be subject to prior reservations by individuals and groups who have obtained a facility use permit from the Department of Parks and Recreation. A person or group holding a facility use permit for a specific day and time shall be entitled to use the designated area of the park for the time specified. In the event that there are no facility use permits issued that reserve park use, the use of the park shall be on a first-come first-served basis.

If a Parks and Recreation Department employee advises a park user that he or she must yield use to the holder of a facility use permit, that person must cease using that portion of the park that is subject to a prior reservation. Failure to yield park use to a holder of facility use permit, after having been instructed to do so by a Department of Parks and Recreation employee is declared to be an infraction and may be punished by a fine not to exceed one hundred dollars ($100.00) for a first violation, a fine not to exceed two hundred dollars ($200.00) for a second violation of the same section within one year and a fine not to exceed five hundred dollars ($500.00) for each additional violation of the same section within one year. A fourth violation within one year shall constitute a misdemeanor.

(Ord. 770 § 1, 1996: prior code § 10002)

Pursuant to Health and Safety Code Section 11380.5, the City Council designates the following city parks as drug-free zones:

Rosemead Park

Garvey Park

Zapopan Park

Klingerman Park

Rosemead Community Center

Sally Tanner Park

Guess Park

Angelus Park

Triangle Park

Jess Gonzalez Sports Complex

Any person who is convicted of the possession for sale or the sale of heroin, cocaine, cocaine base, methamphetamine or phencyclidine (PCP), in addition to the punishment imposed for that conviction shall be imprisoned in the state prison for an additional one year pursuant to Health and Safety Code Section 11380.5.

(Ord. 771 § 1, 1996: prior code § 10003)

A. It is unlawful for any person to smoke in or upon any City park, playground, or recreation center. Such a violation is punishable as an infraction by a fine not exceeding two hundred fifty dollars ($250.00).

B. It is unlawful for any person to dispose of lighted or unlighted cigars or cigarettes or cigarette butts, or any other smoking-related waste, in or upon any City park, playground, or recreation center. Such a violation is punishable as an infraction by a fine not exceeding one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation; and five hundred dollars ($500.00) for each additional violation thereafter.

C. It is unlawful for any person to intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to obtain compliance with this section.

(Ord. 845 § 1, 2006)

(Ord. No. 983, § 6, 11-13-18)