Chapter 13.44

• 13.44.011.5 Department.

• 13.44.012 Director.

• 13.44.014 Park.

• 13.44.014.5 Park use area.

• 13.44.015 Permit.

• 13.44.016 Shoreline area.

• 13.44.018 Vehicle.

• 13.44.019 Vessel.

• 13.44.020 Rules and regulations - Compliance required.

• 13.44.030 Rules and regulations.

• 13.44.040 Special uses and areas authorized when - Permit required.

• 13.44.050 Exclusive use of parks or facilities - Authorized when - Permit required.

• 13.44.060 Nonpublic areas - Posting required - Entering or damaging property prohibited.

• 13.44.070 Permit procedures and conditions.

• 13.44.072 Permit conditions - Compliance required.

• 13.44.074 Indemnification and hold harmless.

• 13.44.076 Insurance requirement.

• 13.44.080 Reserved.

• 13.44.090 Exclusion or removal of certain activities, animals or materials - Conditions.

• 13.44.100 Vehicles - Operation and parking procedures and restrictions.

• 13.44.110 Animals and pets - Prohibited in certain parks - Exceptions.

• 13.44.120 Fires - Permission required when - Other restrictions.

Sections:

• 13.44.130 Smoking prohibited where.

*Cross reference— For Charter provisions on city parks, see Charter §§ 1700 - 1702.

• 13.44.140 Intoxicating beverages - Prohibitions and conditions.

• 13.44.150 Amplified sound restrictions.

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§ 13.44.018

13.44.160 Powered models - Operation restrictions.

• 13.44.170 Golf.

• 13.44.180 Doing business prohibited - Exception.

• 13.44.190 Water pollution prohibited.

• 13.44.200 Guns, dangerous instruments and fireworks prohibited - Exceptions.

• 13.44.210 Conduct - Certain persons to leave parks when - Reentry restrictions.

• 13.44.220 Damaging park property - Prohibited acts designated.

• 13.44.230 Littering prohibited.

• 13.44.240 Closing time - Conditions and exceptions - Emergency closing.

• 13.44.250 Shoreline area - Children.

• 13.44.260 Vessels.

• 13.44.270 Interference with a permitted park use.

The definitions set forth herein shall govern the application and interpretation of this chapter. (Prior code § 4400; Ords. 20839, 23170, 25209.)

"Business day" means any day except Saturday, Sunday and holidays observed by the City of San José.

(Ord. 29419.)

"Department" means the department of parks, recreation and neighborhood services, formerly known as the department of recreation, parks and community services, or such other department that the city manager designates to administer the provisions of this chapter. (Ord. 29419.)

"Director" means the city manager or the head or director of the department designated by the city manager to administer the provisions of this chapter.

(Ord. 25209.)

"Park" means all grounds, buildings, improvements, and areas dedicated to use by the public for park, recreation or open space purposes and over which the city has acquired right of use for such purposes.

(Ord. 25209.)

"Park use area" means an area in a park designated as a picnic area, sports area, athletic field, garden, or recreation facility that is available for reservation through issuance of a permit. (Ord. 29419.)

"Permit" means a written reservation and authorization to use a park use area or a portion thereof issued by the director pursuant to this chapter.

(Ord. 29419.)

"Shoreline area" means the area on the shore of a body of water between the edge of the water and a line around the body of water four feet from the edge of the water.

(Ord. 25209.)

"Vehicle" means any wheeled device or conveyance, whether propelled by motor, animal or human power. The term "vehicle" excludes city service vehicles, baby strollers and wheelchairs. (Ord. 25209.)

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§ 13.44.019

"Vessel" means any watercraft or other artificial contrivance used or capable of being used as a means of transportation on water. (Ord. 25209.)

No person shall disobey or fail to observe any rule, regulation or lawful direction promulgated or made by the director of the department of recreation, parks and community services pursuant to the following authorization, of which such person has actual notice, however given, or of which reasonable notice has been given by appropriate sign or notice in a park.

(Prior code § 4401; Ords. 18841, 23170.)

• A. The director is authorized to adopt rules and regulations governing the public's use of the city parks.

• B. The director shall consult with the parks and recreation commission regarding the adoption or amendment of the rules and regulations governing the parks.

• C. Nothing in this section is intended to limit the city council's ability to enact rules and regulations governing park use.

(Prior code § 4402.1; Ords. 18841, 23170, 25209.)

• A. The director of the department of recreation, parks and community services may select and designate specific areas and facilities in any park which may be limited to special uses, at all times or at certain times, to be designated by the director and for the use of which a permit in writing or a reservation shall be necessary.

• B. Such uses may include, but are not limited to: sports, games or other recreational activities, picnics, assemblies, entertainments, exhibitions, and weddings.

• C. Such uses may be restricted at specified times to specified classes of persons, so long as such classification is reasonably necessary therefor, such as, but not limited to, young children and persons attending them, persons of specified ages, or any other reasonable classification not related to race, color, religion, national origin, sex, ancestry, language, political beliefs or affiliations, financial means or education, provided that such classification will facilitate and enhance the widest possible use of parks and park facilities by the public.

(Prior code § 4402.2; Ords. 18841, 23170.)

City parks and recreation facilities may be made available for the exclusive use of persons or groups, for a limited period, upon issuance of a permit by the director of the department of recreation, parks and community services, subject to any reasonable conditions imposed by the city council or the director and the payment of any fees that the city council may establish therefor. No exclusive use of any park or building for assemblies or groups may be made unless the director issues a permit therefor.

(Prior code § 4402.3; Ords. 18841, 23170.)

• A. By posting appropriate notices, the director of the department of recreation, parks and community services may exclude the public from or limit use of any road, area, building, lands, trail, natural feature, water area or facility in a city park which is used for access, storage, parking, shop, office, residence or utility purposes, or other park or recreational use, or any combination thereof, whenever public access to the same will endanger the public health or safety, interfere with such use, or cause damage to such public property or natural resources. The director may also by appropriate

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means exclude the public from the place of any construction, repair or demolition activity. No person shall enter or remain or permit any person in their control to enter or remain in any such part of a city park when the same is closed to the public, unless authorized to do so by the director.

• B. No person shall unlock, open, remove, move or tamper with any gate, door, window, ventilator, skylight, screen grate, fence, lock or barrier, or any other thing maintained by the director to exclude the public from a city park or portion thereof, or tamper with, remove or deface any sign, legend or other notice designating the same as dangerous or prohibiting entry therein.

(Prior code § 4402.7; Ords. 18841, 23170.)

• A. The permit procedures and requirements of this section shall apply only to park use areas. The permit procedures and requirements of Chapter 13.14 of Title 13 of this Code shall apply to the use of other areas within a park and for special events, as defined in Chapter 13.14, occurring in park use areas.

• B. No permit for the use of a park use area shall be refused or limited, nor shall any conditions be attached to the grant or exercise thereof, for any reason not related to the safe, reasonable and orderly use of park facilities.

• C. Each application for a permit must be received at a designated office in the department not less than twenty business days nor more than ninety business days in advance of the date for which such permit is requested. The director may waive such minimum or maximum time requirements upon request if good cause is shown and the nature of the application: (1) reasonably and feasibly lends itself to expedited processing based on the size, location and duration of the use, the amount of equipment proposed to be used, and the impact on traffic, other park users and the surrounding neighborhood, for a waiver of the minimum

time requirement; or (2) reasonably requires a lengthier planning process based on the foregoing criteria, for a waiver of the maximum time requirement.

• D. The director shall grant or deny each application for such permit within ten business days after the date of receipt of the application, unless the time for such action has been waived by the applicant. The decision granting or denying said application shall be mailed to the applicant at the address listed on the application. The applicant shall not consider the permit to have been granted until the permit is received.

• E. Notwithstanding the provisions of Subsections C. and D. regarding the timeframes for permit application and decision, the director may instead designate time periods within which applications for reservation of specified park use areas and facilities, such as sports fields, will be accepted, in which case the director shall grant or deny each application within twenty business days after the receipt of the application or the close of the application period, whichever occurs later.

ermit application and decision, the director may instead designate time periods within which applications for reservation of specified park use areas and facilities, such as sports fields, will be accepted, in which case the director shall grant or deny each application within twenty business days after the receipt of the application or the close of the application period, whichever occurs later.

• F. The director may grant, deny or limit any permit after considering the suitability of the area or facility for the number of persons expected at such function, whether or not the activity proposed is a legal use thereof, the impact of the proposed use upon public property, the impact of the proposed use to the environment, the effect of the proposed use upon the peaceful enjoyment of the park by members of the public attending and those not attending the event or activity, the effect of the proposed use upon the peace and convenience of members of the public using private or public property or the public streets in the vicinity of the area or facility, the public health and safety, any traffic or parking problems which may be caused by attendance at such activity or event and the equitable sharing of the use of such facility. The director is specifically authorized to attach reasonable restric-

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tions and conditions to activities to occur at the event, including but not limited to, the duration, frequency, and restrictions on fires, amplified sound, consumption of alcoholic beverages, sports, the use or presence of animals, the use of equipment or vehicles, the number of persons to be present, the location of any bandstand or stage within a specific park area, or the creation of any sounds, smoke, light, smell or any other thing which appears likely to create any unreasonable risk of harm or substantial annoyance to any person using the park or to the public, or damage to any public or private property or the precautions necessary for the protection of wildlife, native plants and sensitive habitats, streams, lakes and waterways.

• G. The director may require in connection with any permit that adequate police protection be furnished by the permittee and that the permittee provide additional sanitary facilities, refuse receptacles, or make any other reasonable arrangements, based on the type of activity for which the permit is requested.

• H. The director shall refuse to grant a permit where conditions cannot be met or are not accepted.

• I. To appeal a decision denying a permit or the conditions imposed on a permit, the applicant must submit a written request for hearing addressed to the city manager at the address indicated on the notice of decision no later than the close of business on the second business day after service of the notice of decision to the applicant. Upon receipt of a timely written request for hearing, the city manager shall schedule a hearing to be held no later than the day before the proposed date of use of the park use area.

• J. No permit for use of any park use area shall be transferable without the consent in writing of the director.

• K. Upon the granting of a permit under this chapter, any fees or deposits established by the city council, the pricing and revenue policy

adopted by the city manager, or permit conditions related thereto shall be paid or complied with by the applicant before the effective date of the permit. If said fees or deposits are not paid before the effective date of the permit, then, in that event, the permit issued shall be null and void.

(Prior code § 4402.5; Ords. 18841, 23170, 29419.)

• A. No permittee shall conduct, or cause to be conducted, an activity in a park use area except in full compliance with terms and conditions of the permit issued under this chapter.

• B. The permittee shall as a condition of the permit provide a means of informing all of the persons participating in the permitted activity of the terms and conditions of the permit.

• C. Violation of any of the terms and conditions of any permit issued under this chapter by the permittee, or any agent, servant or employee of permittee, shall be cause for immediate suspension or revocation of said permit by the director.

• D. To appeal the conditions imposed on a permit, the appeal procedures set forth in Section 13.44.070 I. shall apply.

• (Ord. 29419.)

Each person to whom a permit has been granted must agree in writing to indemnify and hold the city, its officers, agents and employees, harmless from and against any and all liability for injury to persons or property occurring as a result of the permitted activity of the permittee and said person shall be liable to the city for any and all damage to parks, facilities and buildings owned or controlled by the city, which results from any act or omission of the permittee or is caused by any participant in said activity. Additionally, each person to whom a permit is granted must agree in writing to waive all claims or causes of action against the city, its officers, employees or agents which such

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person may have at any time for damage to or loss of property of any type or form or for injury to persons in, about or upon the permitted or reserved facilities, from any cause or causes arising at any time, except for the active affirmative negligence or willful act of the city, its officers, employees or agents, and to which the person to whom a permit is granted in no way contributed, either actively or passively, to causing such damage, loss or injury, either directly or through any other person, agent, partner, contractor or associate. (Ord. 29419.)

The director may, if the proposed use of park facilities involves risk of damage or injury to persons or to property of others, require the permittee to obtain a policy of public liability insurance with terms and limits of liability as determined by the city's risk manager to be appropriate for the activity for which the permit is requested. (Ord. 29419.)

Editor’s note— Section 13.44.080, pertaining to Entertainment - Permit required - Conditions, was repealed by Ordinance 29419, adopted June 10, 2014.

• A. The director of the department of recreation, parks and community services may exclude, remove or require to be removed from any city park any animal, vehicle, equipment, activity, thing or material, the use or presence of which therein is likely to:

  1. Cause an unreasonable risk of harm or danger to any person or damage to any real or personal property;

  2. Cause any unreasonable burden of maintenance or cleanup;

  3. Cause any unreasonable annoyance to any person on account of the emission of

sound, fumes, smoke, light, vibration, smell, sight, or attractiveness to birds, animals or insects.

• B. No person shall fail to observe any rules or regulations made or lawful directions given by the director in the exercise of the above authority.

(Prior code § 4402.19; Ords. 18841, 23170.)

• A. No person shall stop, park, or leave standing or unattended any vehicle, trailer or boat in any park or recreation area of the city, except in an area or space designated for parking of such objects by the director of the department of recreation, parks and community services, or upon any portion of any street or highway upon which the parking of such objects is permitted, or in excess of the time prescribed therefor by any city ordinance, resolution of the city council, or permit issued by the director. No person shall stop, park or leave standing or unattended any vehicle, trailer or boat in any area or space designated for parking of such objects by the director so that any part of such object is within the right-of-way of any street or highway within the limits of any park or recreation area of the city. The director is hereby directed to post signs giving notice hereof in such and so many portions of city parks and recreation areas as may be affected hereby.

• B. No person shall stop, park, or leave standing or unattended any motor vehicle, trailer or boat in any portion of any city park or recreation area during any time for which the council has determined by resolution that a parking fee shall be charged for parking in said park or recreation area, unless that person shall have paid for and displayed a parking permit issued by the director which authorizes such object to be so parked, stopped or left standing. Such permit shall be displayed in a

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Prominent and conspicuous place in or upon the object so that it may be easily seen through the windshield thereof.

• C. No person shall operate a vehicle, except as authorized by the director, in any public park or recreation area within the city except upon any publicly owned street or highway which is open for public vehicular traffic within such park or recreation area. No person shall operate any vehicle on any road, street, trail or highway in any city park or recreation area at a speed greater than the speed limit established by ordinance or resolution of the city council and posted on such road, street, trail or highway, or if no speed is posted, at a speed greater than fifteen miles per hour.

• D. The director may designate areas, paths, roads or trails in any city park or recreation area where the riding of bicycles, motorcycles, minibikes, or like vehicles may be permitted. No person shall ride or take any bicycle, motorcycle, minibike or like vehicle upon or in any area, path, road or trail in any city park or recreation area unless such activity is permitted by notices posted by the director.

• E. No person shall wash, wax, dismantle or repair any vehicle, trailer, boat or other equipment, or remove any lubricant from any vehicle, trailer, boat or other equipment, or otherwise service any vehicle, trailer, boat or other equipment, in any city park or recreation area, except for emergency purposes or as authorized by the director.

• F. No person shall take into or operate or park or leave standing within any city park or recreation area any mechanically defective vehicle, trailer or boat, or any type vehicle that is in violation of any Provision of the California Vehicle Code relating to mechanical requirements or safety of vehicles.

• G. No person shall leave standing any vehicle, trailer or boat in any city park or recreation area, or portion thereof, at any time when such

park or portion thereof is closed to the public, unless authorized in writing by the director to do so.

• H. Any regularly employed and salaried police, security or peace officer of the city may remove from such city park or recreation area, or portion thereof, in the manner provided and subject to the requirements of the California Vehicle Code, any vehicle, trailer or boat left therein, or on any portion thereof, in violation of this section of the San José Municipal Code.

(Prior code § 4402.8; Ords. 18841, 23170.)

• A. The director of the department of recreation, parks and community services, shall establish a list of parks and/or areas within parks in which no person shall bring, lead, ride or possess any animal. Said list shall be a part of the rules and regulations of the director. The presence of animals in other city parks, unless otherwise authorized, shall be governed by the provisions of Section 7.08.570 of this Code. The foregoing prohibitions shall not prevent any peace officer or other authorized city employee who is on duty from Possessing a police dog or a police horse, nor any blind person from possessing a guide dog, in any city park, provided that said animal is at all times in the control of such person.

• B. Notwithstanding subsection A of this Section 13.44.110, equine animals may be led or ridden in any city park in such areas and on such roads or trails as may be designated by the director for equestrian use. Such an animal shall not be ridden or led at a gait faster than a walk unless a faster gait is permitted by notices posted by the director. Police officers who are in control of Police equines shall be exempt from the foregoing prohibitions.

• C. No person shall tie or leave any horse, mule, pony or donkey, dog, cattle, sheep, or other stock or fowl in any city park, or allow any

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• such animal or fowl to be at large, graze, or damage vegetation on any city park property, or leave any such animal or fowl unattended on any city park property, except that such animal or fowl may be tied or left unattended at such places on city park property specifically designated therefor by the director. Police officers who are in control of police equines shall be exempt from the foregoing prohibitions.

• D. No person shall set out food in any city park for any wild or tame animal, bird, fish or reptile except at feeding stations designated by the director.

• E. No person shall abandon any animal, bird, fish or reptile in any city park.

• F. No person shall capture, attempt to capture, hunt, molest, harm, injure, frighten, kill, trap, chase, tease, shoot at or throw missiles at or set any trap or snare for, or administer or set out any bait or harmful substance for any wild or domestic animal, insect, reptile, fish or bird, nor remove nor have in his possession the young, the eggs, or the nest of any animal, reptile or bird. Persons who are authorized by the director to do so may kill, poison, or control or trap any of the above-named creatures.

• (Prior code § 4402.11; Ords. 20839, 22491, 23170.)

• A. No person shall kindle or maintain in any city park any outdoor fire, except a cooking fire or fire in a portable lantern, without first having obtained permission in writing from the director of the department of recreation, parks and community services to do so.

• B. No person shall kindle or maintain in any city park any outdoor cooking fire in any place other than in a stove, fireplace or barbecue pit maintained by the director or in a portable barbecue or camp stove used safely in a designated picnic or cooking area in such park, or in such other location as may be authorized in writing by the director.

• C. In kindling or maintaining an outdoor cooking fire in any city park, no person shall use any fuel except gas, electricity, paper, wood, charcoal or chemical fire starter, or kerosene, gasoline or liquefied petroleum gas in a camp stove, or permit the same to produce any noxious fumes or smoke.

• D. No person who kindles or maintains any outdoor fire in a city park shall leave the area where the fire is located without completely extinguishing the fire so that it is cold to the touch.

(Prior code § 4402.9; Ords. 18841, 23170.)

No person shall ignite or smoke any tobacco or tobacco product, or any other material, on any park trail, bridle path, park restroom or in any fire risk area, nor in any area additionally designated by the director of the department of recreation, parks and community services.

(Prior code § 4402.14; Ords. 18841, 23170.)

• A. The director of the department of recreation, parks and community services may designate certain city parks or certain areas or facilities located in certain city parks wherein the consumption of intoxicating beverages is prohibited or limited. Notice of the prohibition or limitation shall be posted in each such park area or facility in which such prohibitions or limitations apply.

• B. No person shall consume any intoxicating beverage in any area of any city park or facility where prohibited or where in violation of any limitation.

(Prior code § 4402.13; Ords. 20839, 22590, 23170, 24418.)

• A. No person shall place and operate or allow to be placed and operated in any park any loudspeaker or sound amplifier unless approved

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under a lease or contract entered into by the city or authorized by the director through issuance of a permit under this chapter or a special event permit under Chapter 13.14 of this Code, and follows conducted in accordance with the conditions of such permit and this code.

• B. The placement and orientation of any bandstand and each loudspeaker or sound amplifying device shall be as specified by the director in the rules and regulations adopted pursuant to Section 13.44.030 to minimize the amount of amplified sound audible in adjacent residential areas or to other park users.

• C. Use of amplified sound shall be permitted only between the hours of 8:00 a.m. and 10:00 p.m., except for Guadalupe River Park and Gardens - Arena Green, Guadalupe River Park and Gardens - Discovery Meadow, Happy Hollow Park and Zoo, History San José Complex, Plaza de Cesar Chavez, and St. James Park, which will be governed by the hours for amplified sound set forth in the rules and regulations adopted pursuant to Section 13.44.030.

• (Prior code § 4402.16; Ords. 18841, 23170, 29419.)

No person shall operate in any park, any model airplane, boat, car, rocket or other device that is powered by a rocket motor, an internal combustion engine, or other power source, except in an area and at such times as are designated for such use by the director of the department of recreation, parks and community services.

(Prior code § 4402.15; Ords. 18841, 23170.)

No person shall hit any golf ball or use any golfing equipment in any city park except in an area designated for such use by the director of the department of recreation, parks and community services.

(Prior code § 4402.18; Ords. 18841, 23170.)

• A. No person shall practice, carry on, conduct or solicit for any occupation, business or profession in any park, or sell or offer for sale therein any service, merchandise, article, or anything whatsoever, unless pursuant to a contract with or a permit issued by the City of San José.

• B. The director may issue a permit or may enter into and execute any contract for and on behalf of the City of San José without prior approval of the city council to allow such doing of business in a park by the following:

  1. A nonprofit organization; or

2. A business in conjunction with a special event permitted in accordance with Chapter 13.14 of Title 13 of this Code.

(Prior code § 4402.17; Ords. 20787, 23170, 29419.)

No person shall throw, discharge or otherwise deposit or cause or permit to be placed into the waters of any fountain, pond, lake, stream, bay, pool or any body of water in or adjacent to any city park, or any tributary stream, storm sewer, sanitary sewer or drain flowing into such waters, any substance, matter or thing, liquid, solid or gas, which materially impairs the usefulness of such water for persons or the habitability of such water for any animal, bird, fish or reptile which drinks, swims in or otherwise uses said water.

(Prior code § 4402.12; Ords. 18841, 23170.)

• A. No person, except an authorized city employee or a peace officer, shall bring into a city park or possess, use or discharge therein any of the following articles or instruments: Any firearm or ammunition, any explosive, dynamite cap, fireworks (except as otherwise provided in this section), airgun, pellet gun, spring gun, slingshot, crossbow, bow and arrow (except as otherwise provided in this section), any weapon or instrument by means of which any missile can be propelled, any instrument which

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can be loaded with blank cartridges, any kind of trapping device, any poisonous substance, any incendiary bomb or material, any smoke or stink bomb, any tear gas or other disabling chemical or agent, any inflammable liquid except motor vehicle fuel contained in the fuel tank of a vehicle, lantern or camp stove, and not more than one gallon of liquid fuel in a closed metal container, or any acid or caustic substance.

• B. No person shall shoot any of the abovedescribed weapons or instruments into the park limits from outside the limits of a park.

• C. Nothing in this section shall prohibit the use of bows and arrows for archery conducted in areas and at times designated for such use by the director of the department of recreation, parks and community services. Nothing herein shall prohibit the use of firearms at a firing range maintained in a city park by the director or the chief of police, at such times and subject to such conditions as may be designated by or conducted under the supervision of the director.

• D. No fireworks shall be discharged in any public parks except as allowed by San José municipal ordinance.

(Prior code § 4402.10; Ords. 18841, 23170.)

Persons who willfully harass or interfere with any city employee(s) in the performance of their duties in a city park, or who by their conduct, or by threatening or profane language annoy, willfully molest or unreasonably interfere with the use of a city park by any other person, or who have committed a public offense in a city park or who operate any vessel in an unsafe manner or conduct themselves in an unsafe manner, shall leave the park upon request made by the director of the department of recreation, parks and community services, any recreation leader, ranger, park facility supervisor, park attendant, guard, or special officer authorized by city or the director, peace officer or reserve

police officer. No person who has left the park premises after such a request shall reenter said park until after eight a.m. of the next day. (Prior code § 4402.20; Ords. 18841, 23170.)

Unless authorized in writing by the director of the department of recreation, parks and community services to do so, no person shall:

• A. Pick, saw, chop, carve, cut, remove or damage any flowers, seeds, bark, branches, twigs, leaves or blossoms of any tree, plant, shrub, vine, bush or other vegetation in any park of the city;

• B. Drive any nail, screw, bolt or staple into, or attach any wire, rope or other fastening device to any tree or plant in any park of the city;

• C. Mark, deface, damage, displace or remove any building, bridge, table, chair, bench, fireplace, barrier, fence, railing, paving or paving material, water pipe or light, or any sign, notice or placard, whether temporary or permanent, or any cultural, natural or historic artifact, or monument stake, post or other boundary marker, or any other structure, equipment, facility or property, or part or appurtenance thereof whatsoever, in or from any park of the city;

• D. Cut or remove any sand, wood, turf, grass, gravel, stone or timber in or from any park of the city, or make any excavation by any tool, equipment, blasting or by any other means in any park of the city;

• E. Paint, erect, mark, post or fasten on or to any tree, shrub, fence, wall, building, monument or other property in any park any poster, bill, advertisement, inscription, sign or display. The provisions of this subsection shall not apply to any such thing that is authorized or required to be so placed by the director;

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• F. Take or operate a vehicle upon or over any lawn or landscaping in any park of the city. City will determine repair or replacement costs in event of damage.

• (Prior code § 4402.6; Ords. 18841, 23170.)

No person shall deposit, drop or scatter any garbage, trash or rubbish, including, but not by way of limitation, any glass, paper, cans, ashes, leaves and cuttings, furniture, appliances or concrete in any city park except in a receptacle designed and placed to receive the same; nor shall any person import into or deposit in any city park from any other place any such garbage, trash or rubbish. (Prior code § 4402.22; Ords. 18841, 23170.)

• A. Entering or Remaining After Closing Time.

  1. No person shall enter or remain in any city park or portion thereof at any time when the same is closed to the public unless such person is authorized to do so by the city council, the director of the department of recreation, parks and community services or the authorized deputy of any of the above.

  2. The director shall, by appropriate signs or other means, give notice of closing times, and may designate certain areas which will be closed to the public at a regular closing time, regardless of whether or not any outdoor or indoor activity is being or is scheduled to be conducted elsewhere in the park.

• B. Activities After Closing Time. Any portion of a city park or any enclosed building in a city park in which an activity is being conducted or is scheduled to be conducted, with the written permission of the director, shall not be considered closed after the regular closing time to members of the public who are authorized participants in said activity, and who are within the permitted portion of the park, the said

building, any paths leading thereto from any street, or any other facility, outdoor area or off-street parking area intended for use in connection therewith, until thirty minutes after the conclusion of the permitted activity. As to other members of the public who are not participants in an activity being conducted or scheduled to be conducted in any portion of a city park, or in any enclosed building therein, the park and all buildings therein shall be considered closed at the regular closing time.

• C. Emergency Closing.

  1. The city council, the director, the chief of police or the fire chief, or their authorized representatives, may direct any park or designated portion thereof to be closed, or at certain times or from time to time when he shall find that the said closing is reasonably necessary for the proper conduct or his authorized representative may direct any park or designated portion thereof to be closed, or at certain times or from time to time when they find that the closing is reasonably necessary for the proper conduct of any activity by the department of recreation, parks and community services, to protect public property or natural resources within said city park or any private or public property or natural resources in the vicinity of the park from damage, or to preserve the public peace or safety in said park or portion of a park or in the vicinity thereof. Such emergency closing or limitation on hours of opening by any of the aforementioned authorities, other than the city council shall not continue in effect after the close of the next regular meeting of the city council unless said council, by resolution, shall affirm said closing or limitation on hours with or without modification.

  2. When a city park or portion thereof is closed to the public by the council, the director, the fire chief or the chief of

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STREETS, SIDEWALKS AND PUBLIC PLACES

police, or their authorized representatives, pursuant to the above authority or any other proper authority, no person shall enter said park or closed portion thereof after notice of such closing or fail or refuse to promptly leave the same when requested to do so by any guard, watchman, custodian, special officer, police officer or other person authorized by the council, the director, the fire chief or the chief of police, or their authorized representatives.

(Prior code § 4402.21; Ords. 18841, 23170.)

• D. No person under the age of twelve years shall occupy any vessel in any city park without wearing a United States Coast Guard-approved personal flotation device when such vessel is in the water.

• E. No person shall operate any vessel without one United States Coast Guard approved personal flotation device for each occupant of said vessel.

• F. No person shall operate any vessel in any city park between one hour before sunset and opening hour as designated by the director. Vessels engaged in maintenance, patrol or emergency services are exempt from this section.

• (Ords. 20839, 20928, 23170.)

No person shall allow any person under the age of eight years, under his or her supervision or control, to enter or remain along any shoreline area of any lake in any city park unless accompanied by a person sixteen years of age or older. (Ords. 20839, 20928, 23170.)

• A. No person shall operate any vessel exceeding sixteen feet in length in any city park unless with the approval of the director, except there shall be no vessel length restriction on any vessel used for patrol, maintenance, emergency services or any other use deemed appropriate by the director.

• B. No person shall operate any vessel in any city park through the use of any internal combustion engine except vessels used for patrol, maintenance, emergency services, or any other use deemed appropriate by the director.

• C. No person shall operate any windsurfer, surfboard, air mattress, inner tube or tub in any city park except as designated by the director. Any manufactured or homemade device deemed unsafe by the United States Coast Guard standards or any park ranger or any vessel which requires occupant(s) to be in the water at any time shall be prohibited.

• A. It shall be unlawful for a person to place any booth, table, chair, stool, structure, vehicle, or piece of equipment in any portion of a park for which a park permit has been issued without the consent of the permittee.

• B. This section shall not apply to persons acting under the direction or control of the city.

• (Ord. 25096.)