Sacramento Municipal Code Art. III Park Use

No person shall:

A. Conduct or carry on an assembly of more than fifty (50) people in a park, which assembly is intended or can reasonably be expected to last more than thirty (30) minutes, unless a park use permit has been first issued therefor, or pursuant to a special event permit or waiver issued under Chapter 12.48. If the assembly is expected to be more than two hundred (200) persons, a special event permit is required pursuant to Chapter 12.48 in lieu of a park use permit under this chapter;

B. Conduct or carry on any organized activity that includes carnival rides or animal rides unless a special event permit under Chapter 12.48 has been first issued therefor;

C. Use any amplified sound in a park except as provided in Section 12.72.110;

D. Engage in any commercial activity in a park, unless a park use permit under chapter 12.72 or special event permit under chapter 12.48 has been first issued therefor, a lease or concession contract was issued under chapter 3.68 or 3.72, the commercial activity is permitted under section 12.72.070, or the commercial activity is inextricably intertwined with the expression of free speech rights;

E. Sell, possess, or drink alcoholic beverages in a park, unless a special event permit under Chapter 12.48 has been first issued therefor;

F. Erect temporary fencing or temporary structures, use specialized recreational equipment as part of group event, or use any portion of a park for a purpose for which it was not designed or intended, unless a park use permit has been first issued therefor, or pursuant to a special event permit issued under Chapter 12.48;

G. Interfere with the use of any park or portion thereof which at the time is reserved by permit for the use of any other person or group;

H. Ride bicycles, smoke, or drink alcoholic beverages in children's playground areas;

I. Enter or remain in a children's playground area if such person is eighteen (18) years of age or older unless actually engaged in the care, custody or supervision of a person younger than eighteen (18) years of age who is using the facilities in the area;

J. Bring any wild or domesticated animal or pet into or upon grounds of the zoo, Fairytale Town, any swimming pool, any golf course, commercial amusement area or children's playground area except as provided in Section 9.44.300(B);

K. Bring any domesticated animal or pets into park areas other than those designated in subsection J of this section unless they are leashed except as provided in Section 9.44.300(B), or pursuant to a special event permit issued under Chapter 12.48;

L. Possess, discharge, or shoot:

1. Any bow and arrow in any park, except in areas designated for such use,

2. Any firearm in any park, except in areas designated for such use and except by a peace officer or by a security guard acting under the authority of a special access permit issued pursuant to Article VI of this chapter,

3. Any slingshots, airguns, and other devices potentially harmful to park visitors, which devices are prohibited in all parks, or

4. Any pyrotechnics in any park unless pursuant to a special event permit issued under Chapter 12.48;

M. Play or practice golf in any area not designated for such use;

N. Swim or wade except in supervised swimming or wading pools;

O. Engage in horseback riding in any park, except for the following activities:

1. Horseback riding on designated bridle paths, or

2. Horseback riding by any peace officer while the peace officer is engaged in the performance of his or her duties;

P. Kill, chase, wound, or capture any wild or domestic bird, or animal in a park. This subsection shall not apply to the chasing or capturing of one's own animal;

Q. Intentionally remove, break, injure, deface, or disturb any plant material, structure, or improvement;

R. Contaminate in any way any water, fountains, pools, lakes, rivers, other water supply, or wash any clothing or cooking utensils in any such waters;

S. Dispose of trash or garbage not accumulated within park areas or dispose of trash or garbage accumulated within park areas other than in receptacles provided for this purpose;

T. Start or maintain fires in parks other than in "on-site" barbecue pits or personal portable barbecues within designated picnic areas. No person shall fail to extinguish live coals or fires before leaving the picnic area;

U. Open, expose, or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose;

V. Use or operate any vehicle or other motorized objects in the following ways:

1. Operating gasoline or other fuel-powered vehicles (except golf carts where authorized) in any park, except upon streets, parking lots or other areas designated for such use, unless expressly permitted in writing by the director. This subsection shall not apply to city employees on official business, or

2. Operating or parking any vehicle as defined in the California Vehicle Code within a park, except upon areas designated for such use, unless expressly permitted in writing by the director. This subsection shall not apply to city employees on official business;

W. Camp in any park without a park use permit or pursuant to a special event permit issued under Chapter 12.48;

X. If the person is fifteen (15) years of age or older, play softball or baseball on any softball or baseball field where signs are posted that prohibit such play by such person;

Y. Do any of the following acts in Garcia Bend Park, Miller Park, or the Sacramento Boat Harbor:

1. Park outside the areas designated for parking or double-park at any time,

2. Park any vehicle or trailer in a boat launch area other than while putting a boat in or taking a boat out of the water, or

3. Park any trailer in any section posted "NO TRAILER PARKING"; or

Z. Moor a vessel at any city-owned or city-managed dock for more than 36 consecutive hours or for the purpose of living on board the vessel for more than one night while moored at the dock. Any person on board the vessel at any time between the hours of 1:00 a.m. and 6:00 a.m. is conclusively presumed to be living on board for the night. A vessel that departs a dock after being moored for 24 hours or more, or that departs a dock after having been moored for the purpose of living on board for one night, shall not return to the same dock for at least 24 hours. The term "dock" includes the courtesy docks in Miller Park, Garcia Bend, and Old Sacramento, and any other dock operated primarily for temporary vessel mooring purposes. Notwithstanding the foregoing, the city may establish special rules relating to use of the docks in Old Sacramento, which rules may permit shorter or longer periods of mooring, impose fees for overnight mooring privileges, and permit other special uses of those docks;

AA. Enter the designated natural habitat areas within Del Paso Regional Park, except for the following activities:

1. Horseback riding on the designated trails;

2. Walking or using a non-motorized bicycle on the designated trails; and

3. Using the areas for scientific, environmental, educational, or maintenance purposes, if granted permission to do so by the city manager. (Ord. 2022-0012 § 1; Ord. 2020-0001 § 5; Ord. 2017-0004 § 1; Ord. 2012-042 § 5)

Applications for use of a city park involving the exercise of free speech rights shall be processed in the same time period as applications for special events under Section 12.48.110(A)(3) and the park use permit may be waived as provided in Section 12.72.170(A). (Ord. 2012-042 § 5)

A. The director may authorize commercial activity within a park in connection with programs or activities either sponsored or co-sponsored by the city, or pursuant to a park use permit issued therefor, if the director determines that the commercial activity does not interfere with the public's use and enjoyment of the park. In determining the type and extent of commercial activity to be authorized, the director shall consider the potential impact on the park and surrounding neighborhood. The director shall establish guidelines for approval of park use permit applications involving commercial activity. The decisions made by the director shall be final.

B. A sidewalk vending permittee with a permit issued under chapter 5.90 may engage in commercial activity within a park if the vendor complies with the guidelines established by the director to prevent an undue concentration of sidewalk vending permittees in the park, prevent interference with the public's use and enjoyment of the park, and for protection of the public's health, safety, and welfare.

C. Stationary sidewalk vending permittees are prohibited from engaging in sidewalk vending in a park that has a concession stand or restaurant with a signed agreement to exclusively sell food or merchandise in the park. (Ord. 2020-0001 § 6; Ord. 2012-042 § 5)

A. No person shall remain or loiter in any public park before sunrise or after sunset, except at lighted recreational facilities within parks as set forth by resolution pursuant to Section 12.72.230.

B. The prohibitions contained in subsection A of this section shall not apply:

1. To any person on an emergency errand;

2. To any person attending an assembly, meeting, entertainment event, recreation activity, dance or similar activity in such park provided such activity is either sponsored or co-sponsored by the department or pursuant to a park use permit issued therefor, or pursuant to a special event permit issued under Chapter 12.48;

3. To any person exiting such park immediately after the conclusion of any activity set forth in subsection (B)(2) of this section; and

4. To any peace officer or employee of the city while engaged in the performance of his or her duties, or a security guard acting under authority of a special access permit issued pursuant to Article VI of this chapter.

C. The director, with the concurrence of the chief of police, may designate extended park hours for any park when the director determines that such extension of hours is consistent with sound use of park resources, will enhance recreational activities in the city, and will not be detrimental to the public health, safety or welfare. The prohibitions contained in subsection A of this section shall not apply to any person present in a public park during extended park hours designated pursuant to this subsection.

D. Notwithstanding subsection A of this section, the chief of police, with the concurrence of the director, may order any park closed before sunset and after sunrise when he or she determines that activities constituting a threat to public health, safety or welfare have occurred or are occurring in the park and that such closing is necessary to protect the public health, safety or welfare. At least one sign designating the hours when the park is closed shall be installed prominently in the park. During any time when a park is ordered closed, it is unlawful for any person to remain or loiter in said park during said period. (Ord. 2012-042 § 5)

A. The park areas available for the use of amplified sound may be designated pursuant to Section 12.72.230.

B. The use by any person of amplified sound in any park, public street or parking area within any park, shall be subject to the following regulations:

1. Use of amplified sound must be expressly authorized by a park use permit, or a special event permit issued under Chapter 12.48;

2. Amplified sound shall not be used before nine a.m. and after ten p.m. Sunday through Thursday and before nine a.m. and after eleven p.m. on Friday, Saturday and the day prior to a federal, state or city designated holiday, unless more or less restrictive rules are set for certain parks or park areas by resolution pursuant to Section 12.72.230, or the city manager authorizes such use under a special event issued under Chapter 12.48; and

3. Amplified sound shall not exceed a noise level of ninety-eight (98) dBA at a distance of one hundred fifty (150) feet from the noise source or sources, eighty (80) dBA when measured from the nearest residential property, or twenty-four (24) dBA above ambient noise levels, whichever noise level is lower.

C. The provisions of subsection B of this section shall not apply to:

1. Broadcasts from any vehicle to which the provisions of Chapter 10.60 are applicable;

2. Use of any radio, audio equipment, or television when the amplified sound is not audible one hundred (100) feet from the noise source;

3. The use of amplified sound by any peace officer or employee of the city while engaged in the performance of his or her duties; or

4. The amplified sound is infrequent, for a short duration, and required for the operation of the activity authorized pursuant to a park use permit or a special event permit issued under Chapter 12.48. (Ord. 2012-042 § 5)

Any person riding a skateboard at any skateboard park or facility owned, leased, or operated by, or licensed to, the city shall wear a helmet, elbow pads, and knee pads at all times while so riding. (Ord. 2012-042 § 5)

A. Smoking is prohibited in parks.

B. No person shall dispose of any material used for smoking in any park, except in a designated waste disposal container.

C. Notwithstanding subsection A of this section and unless otherwise provided by state or federal law, smoking is permitted in designated areas in community parks or regional parks authorized by the director. Designated smoking areas shall be prominently marked with signs.

D. For purposes of this section, the following words and phrases shall have the meaning set forth in this subsection:

1. "Parks" has the same meaning as defined in Section 12.72.010, but does not include golf courses, the streets inside a park, or the sidewalks along the perimeter of parks.

2. "Smoking" means lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed, or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant, or ignited combustible substance in any manner or in any form. (Ord. 2012-042 § 5)