Sacramento Municipal Code Art. I General Provisions

As used in this chapter:

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

"Amplified sound" means speech, music, or other sound projected or transmitted by electronic equipment including amplifiers, loud speakers, microphones, or similar devices or combinations of devices which are powered by electricity, battery or combustible fuel and which are intended to increase the volume, range, distance or intensity of speech, music or other sound.

"Building" means and includes those city owned or controlled buildings or structures, or any portion thereof, that are under the supervision of the department.

"Camping" means:

1. Occupying for living or sleeping purposes a camper trailer, motor home or other vehicle equipped for human habitation; or

2. The erection of any tent or other shelter; or

3. The arrangement of sleeping bags or other bedding for the purpose of, or which will permit, remaining overnight.

"Children's playground area" means and includes park areas which are specifically designed and include equipment and structures for use by children.

"City manager" means the city manager of the city, the acting city manager, or the city manager's designee.

"Commercial activity" means the selling, offering for sale, or solicitation for future delivery or performance of, any merchandise, food, beverages, or services.

"Co-sponsored" means activities that provide specific organized recreation/community services for participants and for which the department shares the responsibility for the activity with other community agencies and/or organizations or individuals.

"Decibel" or "dB" means a unit which denotes the ratio between two quantities which are proportional to power, the number of decibels corresponding to the ratio of two amounts of power is ten (10) times the logarithm to the base of ten (10) of this ratio.

"Department" means the city department that is assigned the responsibility for supervision and management of buildings and parks used for recreational purposes.

"Designated area" or "designated building" means an area or building specifically designed or equipped for special uses, and set aside for such uses.

"Director" means the head of the department or his or her designee.

"Free speech rights" means expressive activity protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution, provided that such activity is the primary purpose of the use of the building or park.

"Noise level" means the "A" weighed sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) microPascals. The unit of measurement shall be designated as dBA.

"Parks" means and includes all parks, parkways, medians, pedestrian malls, plazas, greenbelts, gardens, lakes, and any other property owned or controlled by the city, including structures thereon and off-street parking areas that are used in connection therewith, that are operated or maintained for passive or active recreational purposes. The term "park" also includes any property owned or controlled by the city as open space, including undeveloped sites for future parks. The term "park" does not include the City Hall facility.

"Person" means and includes persons, associations, partnerships, firms and corporations.

"Pyrotechnics" or "fireworks" means a device consisting of a combination of explosives and combustibles, which when ignited generates fire, light, smoke, or noise for amusement.

"Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels, but excluding nonconforming residential uses within zones where residential uses are not permitted.

"Sponsored" means activities organized by the department and over which the department retains total responsibility.

"Temporary fencing" means a removable barrier to close off access to all or a portion of a park.

"Temporary structure" means a booth, canopy, or tent that is larger than two hundred (200) square feet in size.

"Trash" and "garbage" mean refuse, litter, paper, vegetable matter and rubbish.

"Vehicle" means and includes gasoline, electric, or other fuel-powered devices by which any person or object may be propelled, moved, or drawn, including go-carts, minibikes, model boats and model airplanes. (Ord. 2012-042 § 5)

A. No person shall enter, be, or remain in any park or building unless he or she complies with all regulations set forth in this chapter applicable to such park or building.

B. Except as specifically provided otherwise, a violation of any provision of this chapter is an infraction.

C. A violation of sections 12.72.070 or 12.72.135 is not a criminal offense and may be corrected by the bringing of a civil action by the city or the imposition of administrative penalties pursuant to chapters 1.28 and 5.90.

D. Any person who violates this chapter more than two times within a six-month period is guilty of a misdemeanor, punishable by: a fine of up to $1000; incarceration up to six months; and probation with a stay away order from the park or park building where the last violation occurred.

E. No person cited for violating section 12.72.060 shall remain in the park or building and the person shall immediately vacate the park or building for 24 hours following issuance of the citation. A violation of this subsection is a misdemeanor.

F. The provisions of this chapter and rules and regulations promulgated hereunder may be enforced by the employees of the department, park rangers, and city police officers. (Ord. 2020-0001 § 4; Ord. 2017-0053 § 1; Ord. 2012-042 § 5)