San Bernardino Municipal Code Ch. 12.80 Public Parks and Recreational Facilities

The ordinance codified in this chapter shall be known as the “Parks and Recreation Ordinance.”

(Ord. 3326, passed 1-3-1973)

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

AMPLIFIED SOUND. Speech or music, projected or transmitted by electronic equipment, including amplifiers, loudspeakers, microphones, bull horns or similar devices which are intended to increase the volume, range, distance or intensity of speech or music and are powered by electricity, battery or combustible fuel.

BUILDING. Any building, or portion thereof, under the supervision of the City Parks and Recreation Department.

DIRECTOR. The Director of the Department of Parks and Recreation.

INLINE SKATES. Skates which are attached to a boot, shoe or other footwear to be worn by the skater.

PARK. All grounds, roadways, avenues, park facilities, municipal parks and playground areas, or portions thereof, under the supervision of the Parks and Recreation Department.

PERMIT. A permit for exclusive use of any park or building, or portions thereof, as provided for in this chapter.

PERSON. Persons, groups, associations, partnerships, firms or corporations unless the context in which such word is used indicates the singular word person was intended.

(Ord. 3326, passed 1-3-1973; Ord. MC-1185, passed 10-5-2004)

The city’s public parks and buildings, or portions thereof, may be made available for the exclusive use of persons subject to the issuance of a permit by the Director as provided for in this chapter.

(Ord. 3326, passed 1-3-1973)

(A) For any private groups of persons using a public park that have fewer than 25, no permit is required.

(B) It is unlawful for any group of persons, firm or corporation, society or organization which anticipates an attendance of more than 25 to conduct any picnic, celebration, parade, service or exercise in any public park or building or use any park facility, without first obtaining a written permit from the Director as provided for in this chapter.

(C) It is unlawful for any group of persons, firm or corporation, society or organization which anticipates an attendance of more than 100 to conduct any picnic, celebration, parade, service or exercise in any public park or building or use any park facility, without first obtaining a special event permit pursuant to § 19.70.036.

(Ord. 3326, passed 1-3-1973; Ord. MC-460, passed 5-15-1985; Ord. MC-1414, passed 7-6-2015)

It is unlawful for any person, firm, corporation, society or organization to hold classes, courses of instruction or any activity where a fee or any form of compensation is charged or anything of value is obtained in a park or building, except in accordance with a written permit issued by the Director for such classes, courses of instruction or activity sponsored by or approved by the Department of Parks and Recreation pursuant to the provisions of this chapter.

(Ord. 3326, passed 1-3-1973; Ord. 3525, passed 9-10-1975; Ord. MC-460, passed 5-15-1985)

[Reserved]

(Repealed by Ord. MC-1414, passed 7-6-2015)

[Reserved]

(Repealed by Ord. MC-1414, passed 7-6-2015)

[Reserved]

(Repealed by Ord. MC-1414, passed 7-6-2015)

[Reserved]

(Repealed by Ord. MC-1414, passed 7-6-2015)

[Reserved]

(Repealed by Ord. MC-1414, passed 7-6-2015)

[Reserved]

(Repealed by Ord. MC-1414, passed 7-6-2015)

[Reserved]

(Repealed by Ord. MC-1414, passed 7-6-2015)

[Reserved]

(Repealed by Ord. MC-1414, passed 7-6-2015)

Within the limits of any public park or playground in or upon any facility or building located therein and owned or controlled by the city, it is unlawful for any person to:

(A) Cause the amplification of sound exceeding 25 watts total output from all channels of equipment used except pursuant to an exclusive use permit issued under this chapter and subject to the following conditions.

(1) The location of any bandstand and the position of each loudspeaker shall be as specified by the Director so as to allow the least amount of amplified sound to be audible in any adjacent residential neighborhoods.

(2) Amplified sound shall not exceed 95 decibels (“dba”) at a point 50 feet in front of the center point of the distance between loudspeaker installations.

(B) Play or practice golf or use golf clubs in any area not designated for such use;

(C) Operate any motor-driven model airplane except in areas designated for such use;

(D) Operate or park any motor vehicle, as defined in the California Vehicle Code within a park, except upon areas designated for such use;

(E) Operate, drive or ride upon any bicycle, unicycle, tricycle, horse or any other animal in any park except in areas designated and posted specifically for such use;

(F) Leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacle provided therefor;

(G) Use or attempt to use or interfere with the use of any table, space of facility which at the time is reserved for any other person or group which has received a permit from the Director for the use thereof;

(H) Discharge or shoot any firearm, air gun, slingshot or bow and arrow except at places designated and posted specifically for such purposes;

(I) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, except a duly authorized city employee in the performance of his or her duty;

(J) Remove any wood, turf, grass, soil, rock, sand or gravel from any park except a duly authorized city employee in the performance of his or her duty;

(K) Cut, break, deface or disturb any rock, building, cage, pen, monument, sign, fence, structure, apparatus, equipment or property except a duly authorized city employee in the performance of his or her duty;

(L) Light or maintain any fire unless such fire is lighted and maintained only in a stove or fire circle or place provided for such purpose;

(M) Throw rocks and waste matter in unauthorized places;

(N) Bathe or wade in or otherwise pollute the waters of any pond, stream, lake or pool unless wading or bathing are allowed in designated streams or pools or portions thereof;

(O) Frighten, chase, set snare for, catch, injure or destroy any wild quadrupeds or birds; or destroy, remove or disturb any of the young or eggs of the same; or to injure or maltreat any domestic or other animals;

(P) Camp, lodge or tarry overnight unless there are set aside certain places for this purpose; the provisions of § 12.68.020 regulating loitering and tarrying in any public park is adopted by reference;

(Q) Indulge in riotous, boisterous or indecent conduct; and no noisy, disorderly or offensive person shall be allowed within the park; the provisions of Chapter 9.32 prohibiting any person from drinking alcoholic beverages in a public place is adopted by reference;

(R) Roller skate or bicycle upon tennis courts in any public park within the city;

(S) Enter any toilet facility designated for the use of female persons within any public park or go into the vault of or be within such toilet facility, excepting therefrom females, boys under the age of six years and park employees while acting within the scope of their duties of cleaning or repairing the toilets; or cut, deface or make any writing or marking on the walls of any toilet facility or structure within any public park;

(T) (1) Skateboard or inline skate at a city owned skateboard park without wearing a helmet, elbow pads and knee pads;

(2) Use this facility for skateboarding or inline skating if under the age of 14 years without being supervised by an adult;

(3) Use any other equipment other than skateboards or inline skates at this facility;

(4) Skateboard or inline skate during rain or wet conditions at this facility; and/or

(5) If not an adult supervising someone under the age of 14 years, enter (by passing through the entrance/fence) or remain in the skateboard park while not actively skating at all times.

(U) To smoke or engage in the act of smoking in any public park in violation of § 8.73.050.

(Ord. 3326, passed 1-3-1973; Ord. 3643, passed 5-25-1977; Ord. MC-460, passed 5-15-1985; Ord. MC-1170, passed 3-18-2004; Ord. MC-1171, passed 4-6-2004; Ord. MC-1180, passed 9-9-2004; Ord. MC-1319, passed 11-16-2009)

Any person, firm or corporation violating or causing the violation of any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 3326, passed 1-3-1973; Ord. MC-460, passed 5-15-1985)