San Rafael Municipal Code Ch. 19.20 Parks and Recreation

The purpose and intent of this chapter is to provide rules and regulations respecting the use of city parks and recreation facilities which are necessary to protect the public health, safety and general welfare of the residents of the city and users of parks and recreation facilities, including prohibiting smoking in park and recreational facilities, and which are necessary to ensure that the parks and recreation facilities are maintained in a manner consistent with the broadest use thereof by the residents of the city. Unless otherwise stated, the provisions of this chapter apply to any city park and recreation facility.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

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

B. "Buildings" means and includes those buildings, structures, or any portion thereof, within or on any city owned land, including buildings and structures within parks and on recreation facilities. "Buildings" include "Cultural and Community Centers."

C. "Camp" or "camping" means occupying camp facilities, using camp paraphernalia, or residing in or using a public space for living accommodation purposes, including sleeping and making preparations to sleep (including the laying down of bedding for the purpose of sleeping). "Camp" or "camping" shall also mean the conduct of these activities in a vehicle. "Camp" or "camping" shall not mean occupying camp facilities or using camp paraphernalia for temporary picnicking, recreating, or resting purposes. "Camp paraphernalia" includes, but is not limited to, tents, tarpaulins, cots, beds, mattresses, sleeping bags, hammocks, non-city designated cooking facilities and similar equipment.

D. "City manager" means city manager or their designee. For example, in some circumstances the administrative responsibility under this chapter may be delegated to the library and recreation department or the department of public works, and in circumstances requiring enforcement, that responsibility may be delegated to the police department, fire department, parking services or code enforcement.

E. "Cultural and community centers" means and includes city-owned properties in which classes, activities, events, meetings, seminars, banquets, weddings, fundraisers, historical tours and activities, theater, gardening, and other similar activities may take place.

F. "Expressive activity" means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature.

G. "Facility amenities" include, but are not limited to, playground and exercise equipment, park or public place benches, picnic tables, public art, public buildings, swimming pools, walls, fences, gates, trees, monuments, signs, buildings, roofs, playing surfaces, railings, backstops, parking lots, trails, or tables in a park or public place, or upon any park property.

H. "Open space property" means any area described in San Rafael Municipal Code Section 19.10.020.

I. "Park(s)" means and includes every park, plaza, outdoor public area, trails, open space property, greenbelt, or portion thereof together with any accompanying parking lot or staging area, which is owned, managed, or controlled by the City of San Rafael for the recreational use and/or enjoyment of the public.

J. "Permit" means a permit issued by the City of San Rafael which permit shall contain the following information: the name of person or organization to whom the permit is issued; the name of the park and/or recreation facility and/or the identification of the activity and designated area where such activity may be conducted; the effective date(s) and times of the permitted activity; and such other administrative information as may be necessary.

K. "Person" means an individual, association (regardless of incorporation status), organization, partnership, firm, corporation, or company.

L. "Recreation facility" means fields, courts, pools, amphitheaters, areas specifically designed for organized activities such as, but not limited to, baseball, softball, soccer, tennis, basketball, and organized group gatherings which are owned, managed, or controlled by the City of San Rafael for the recreational use and/or enjoyment of the public.

M. "Refuse" means any garbage, trash, bottles, cans, papers, ashes, food and vegetable material, rubbish, industrial wastes, animal waste, grass clippings, yard clippings, tree or shrub pruning or any other discarded substance, matter or thing, whether liquid or solid.

N. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

O. "Vehicle" means any wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled, and shall include any trailer in tow of any size, kind or description. For purposes of this chapter, a vehicle does not include a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, used by a sidewalk vendor engaging in sidewalk vending with a permit issued for such activity.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021)

A. A person wanting either (1) exclusive use of any park, building or portion thereof, or (2) use of a park, building or portion thereof for gatherings of twenty-five (25) or more persons, must apply for and obtain a permit for such use, activity or event, from the city manager. It is unlawful for any person to engage in any use of any park, building or portion thereof, for which a permit is required, without obtaining such a permit.

B. Permits issued pursuant to this section shall entitle permittees, for the duration of said permit, to exclusive use of the portion of the park or building specified in said permit.

C. The fees for issuance of permits issued pursuant to this section shall be set forth by separate resolution of the city council.

D. Nothing in this section shall require persons or entities to obtain a permit for expressive activities. Permit requirements for expressive activities are set forth in Chapter 19.30 of this Code.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021)

A. Permit Regulations. All applications for permits required by the provisions of this chapter shall be made to the city manager on such forms provided and shall contain such information as the city manager shall deem appropriate. The city manager shall adopt regulations establishing permit application procedures which regulations may be amended from time to time.

B. Permit Fees. Applications for permits required under the provisions of this chapter shall be accompanied by permit fees set forth by separate resolution of the city council.

C. Conditions of Approval. Permits issued under the provisions of this chapter are subject to such reasonable conditions as the city manager or designee may determine necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the park. These conditions may include conditions relating to waste management and restoration of the park, environmental protection, conditions to ensure safe accommodation of an event's pedestrian and vehicular traffic, and reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity. Such conditions may include, but shall not be limited to, the following:

1. Limitations upon the times during which the proposed use will be permitted.

2. Limitations upon the locations at which the use will be permitted.

3. Limitations upon the number of people that will be permitted to participate in a use at a given location.

4. Limitations upon the type of equipment allowed and the manner in which it is utilized, including prohibitions on amplified sound.

5. Requirement that the applicant furnishes private patrol or security where the nature of the use will impose undue burdens on the police services of the city.

6. Requirement that the applicant provide temporary sanitary facilities, trash containers, etc.

7. Requirement that the applicant post fees, deposits or other security to cover extraordinary costs which may be incurred by the city as a result of the proposed use.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021)

The city manager shall issue a permit pursuant to the provisions of this chapter unless the city manager determines the application meets any of the following criteria:

A. The information contained in the application, or supplemental information provided, is not complete or is materially false or misleading.

B. The applicant has failed to submit a complete application, supply satisfactory evidence of insurance, or has not remitted the fees or deposits as required by this chapter.

C. The park, building or portion thereof is unavailable for the period for which the permit is requested.

D. The area proposed for the applicant's use or activity could not physically accommodate the number of participants expected to participate in a safe manner.

E. The proposed use, activity or event is not compatible with the uses established for the requested park, building or portion thereof, in that it unreasonably interferes with use of the park by others.

F. The proposed use has a realistic potential to create a threat to the public health, safety or welfare, or to damage public property, which may not be adequately remedied by reasonable traffic control and other safety measures. However, this provision does not authorize the denial of a permit because of a real or perceived need to protect persons engaging in expressive activity or property from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of such participants with the number of police officers available to police such proposed use.

G. The proposed use would require the diversion of public safety or other city employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the city, or the event will adversely affect the city's ability to reasonably perform municipal functions or furnish city services.

H. The proposed use, event or activity will have a significant adverse environmental impact.

I. The proposed use would be in conflict with applicable provisions of any federal, state and/or local law.

The city manager's decision to issue or deny a permit pursuant to the provisions of this chapter shall be final and not subject to appeal.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021)

After a person obtains a permit, that permit holder must:

A. Comply with all rules and regulations and all applicable city ordinances as though the same were incorporated into the permit.

B. Comply with all conditions imposed by the permit.

C. Inform all attendees of the conditions of the permit and the applicable rules and regulations.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021)

A. Rules and Regulations Regarding Use.

1. The city manager is vested with authority over and control of all parks and buildings for the purpose of causing to be corrected any condition which violates, or which would tend to cause or contribute to any violation of, the purpose and provisions of this chapter.

2. The city manager may establish reasonable rules, policies, or regulations governing the use and enjoyment of any park or building in order to maximize the use and enjoyment of the park or building by the public in addition to those contained in this chapter, and no person shall disobey or violate same.

B. Hours. Except as provided in this subsection, parks and buildings are open for public use from sunrise until sunset. Except as provided in this subsection, no person shall enter, remain in, cross upon or use, any park, building or portion thereof, between sunset and sunrise.

1. Exceptions.

a. At any time, the city manager may exclude any person(s), whether or not such persons are permit holders, from parks, buildings, or portions thereof, where such exclusion is necessary to protect public property, the public health, safety or welfare or to preserve the public peace.

b. Whenever any park, building or portion thereof, has been reserved for exclusive use of a permit holder, that area may be closed to all others not associated with that permit holder's exclusive use.

c. A permit holder may use the park, building or portion thereof beyond regular hours if allowed under the permit holder's permit.

d. Regardless of park and building hours restrictions, a person may use lighted parks, buildings, or portions thereof, under the conditions posted and as specifically designated by the city manager. No person shall use any park, building, or portion thereof, in violation of such posted hours and conditions.

C. Dogs, Pets and Other Animals.

1. No person shall bring or allow a dog, pet, or other animal owned or maintained by them into any park, building or portion thereof, unless such dog or pet is on a leash and under control at all times.

2. Any person having custody or control of a dog, pet, or other animal in any park, building, or portion thereof, shall be responsible for any damage caused by such dog, pet, or other animal even if on leash and under control, including but not limited to the removal of feces.

3. The provisions of subsection A1 above shall not apply to service dogs if laws or regulations authorize service dogs in areas otherwise prohibited by this chapter.

4. No person shall abandon, hunt, capture, harm, or feed any animal in any park or building.

D. Alcohol.

1. No person shall either consume any alcoholic beverage or possess any alcoholic beverage open container in any park, building or any parking lots associated therewith.

2. A person may possess or consume alcoholic beverages in a park, building or portion thereof if the person is associated with or rightfully attending a use, activity, or event for which a permit has been issued and the permit allows alcohol use.

3. A person, whether a permit holder or not, may not furnish or sell alcoholic beverages in parks, buildings or portions thereof, unless that person:

a. Complies with all applicable rules and regulations of the alcohol beverage control board.

b. Obtains the appropriate license from the alcohol beverage control board.

c. Obtains a permit from the city manager permitting the use and consumption of alcoholic beverages.

4. No person, whether a permit holder or not, shall enter or remain in any park, building or portion thereof, while under the influence of an alcoholic beverage, a drug of any type or a combination thereof.

E. Vehicles in Parks.

1. Except for police officers and city employees acting in the course and scope of their employment, no person shall operate any motorized vehicle into any park except for on the streets, highways, and designated parking areas for a park.

2. All provisions of the Vehicle Code of the State of California in regard to equipment and operation of vehicles shall apply to all parks or portions thereof.

3. All persons in a park or portion thereof shall obey all police officers and city employees authorized and instructed to direct traffic in any park or portion thereof in accordance with the provisions of these regulations and such supplementary regulations as may be issued by the city manager.

4. All persons in any park or portion thereof, shall carefully observe all traffic signs indicating speed, direction, caution, stopping or parking, and all other signs posted for proper control and to safeguard life and property.

5. No person shall operate or use any bicycle, scooter, skateboard or roller/in-line skates, in any park except upon paved park roads, or upon pathways and other areas which have been specifically designated for such use.

6. No person shall park any vehicle in any park except in an established or designated parking area, and such use shall be in accordance with the posted directions or with the instructions of a duly authorized attendant.

7. A person shall be permitted to wheel or push, not ride, a bicycle by hand over any grassy area or on any paved area reserved for pedestrian use in any park.

8. No person shall use or permit use of a skateboard or scooter, in a manner that results in two (2) or more persons being carried on such scooter or skateboard, nor use a bicycle to carry two (2) or more persons unless the bicycle is specifically designed to carry such additional persons or attached with a trailer designed to carry persons.

9. No person shall leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.

10. No person shall leave a bicycle, scooter, skateboard or roller/in-line skates lying on the ground, sidewalk or pavement, or set against trees, or in any walkway, path or paved area designed for pedestrians.

F. Refuse and Pollution. Pursuant to SRMC 19.12.034, no person shall throw or deposit any refuse, rubbish, garbage, debris, paper, glass, dirt, dust animal or vegetable matter, cans, sweepings or other matters of similar nature in or upon any park or building except in authorized public receptacles.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021)

A. Amplified Sound. No person shall use or create any amplified sound in any park, building or portion thereof where such noise violates the provisions of SRMC Chapter 8.13.

B. Fires.

1. No person shall build, kindle or light a fire in any park, for any purpose, except for a fire maintained in a city-owned and designated park fire pit or park barbecue.

2. No person shall leave an area where a fire has been kindled or maintained until the fire has been extinguished and is cold to the touch.

3. No person shall possess or ignite any fireworks, as defined in Health and Safety Code Section 12511, in any park. This prohibition includes both "dangerous fireworks" as defined in Health and Safety Code Section 12505 and "safe and sane fireworks" as defined in Health and Safety Code Section 12529.

4. No person shall leave unattended any lit cigar, cigarette, match or other flammable article.

(C) Camping. For laws and regulations regarding camping within the City of San Rafael, see San Rafael Municipal Code Chapter 19.50.

D. Guns and Dangerous Instruments. No person, except those persons listed in California Penal Code Section 12031(b) and 12031(c), shall have in their possession in any park, building or portion thereof, any dangerous weapon, bow and arrows, pellet or air gun, slingshot, crossbow, firearm, or destructive device as that term is defined in Penal Code Section 12301 of the Penal Code.

E. Swimming and Boats. No person shall swim, wade, float, dive or otherwise enter any fountain, pond, lake, stream or other water feature, natural or man-made, in any park or building except in those areas so designated by city for such swimming, wading, floating or diving.

F. Golfing. No person in a park, building or portion thereof, shall golf, including but not limited to chipping, putting, driving or otherwise practicing golf.

G. Commercial Activities. No person shall practice, carry on, or conduct any business or profession or other commercial enterprise, nor sell or offer for sale any service, merchandise, article, or anything whatever, nor station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing, in any park, building or portion thereof, except by permit issued by the city manager and subject to all other provisions of this Code. This subsection shall not apply to city concessionaires or to persons acting under a lease, license or permit issued by the city.

H. Goods or Services—Exhibitions, Private Lessons and Classes. No person in a park, building, or portion thereof, shall: (1) sell any goods or services; (2) conduct or maintain any show, performance, concert, place of amusement or exhibition; or (3) conduct private lessons or classes unless such person has received the prior written permission of the city manager or other city department charged with authorizing such activities.

I. Advertising. No person shall place, post, paste, glue or otherwise affix, distribute or erect any handbill, circular, pamphlet, sign, placard, inscription or advertisement to any tree, fence, shrub, stick or structure in any park, building, or portion thereof.

J. Smoking. Pursuant to Section 9.04.050 of this Code, no person shall smoke in any park or building.

K. Gambling. No person shall play or bet at or against any game which is played, conducted, dealt or carried on for money, chips, shell, credit, or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any city ordinance or state law, in any park, building or portion thereof.

L. Motor Driven Cycles, Model Vehicles and Planes. No person shall operate, transport or maintain any motor driven cycle, motorcycle, motorized bicycle, moped, or shared mobility device as the same are defined in the Vehicle Code or determined in the reasonable discretion of the chief of police or their designee, within any park, building, or portion thereof, except in those areas as may be specifically designated for such purpose or with the written permission of the city manager. No person shall operate any airborne, waterborne, land borne model or remote-controlled plane, any rocket or missile, or any vessel or vehicle, whether such plane, rocket, missile, drone, vessel or vehicle uses an internal combustion engine or is propelled/operated otherwise, within any park, building or portion thereof except in those areas as may be specifically designated for such purpose or with the written permission of the city manager.

M. Special Amusement Equipment. No person shall use construct or use any special amusement equipment in any park unless authorized under terms of a permit issued by the city manager. For the purposes of this provision, "special amusement equipment" shall mean the use of any non-personal equipment that requires the use of running water, generators, or connection to park electrical utilities to use or operate, or requires the erection of any permanent or temporary structure over six (6) feet tall, and shall specifically include moon bounces or any inflatable bounce houses, climbing walls, carousels, dunk tanks, ball crawls, pony rides, slip and slides. Permits issued for such uses shall require indemnification of the city, and insurance naming the city as an additional insured.

N. Interference with Permitted Exclusive Use. No person shall interfere with an exclusive use permitted under this chapter, and each must immediately vacate that portion of any park or building that has been reserved for exclusive use by another person upon being presented with a permit obtained pursuant to this chapter.

O. No person shall mark, deface, injure, tamper with, displace or remove, any bridges, tables, benches, fireplaces, railings, paving, water lines, other public utilities, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or any improvements; structures, equipment, facilities or park or building property or appurtenances whatsoever, either real or personal, in any park, building, or portion thereof.

P. No person shall litter, soil or defile restrooms.

Q. No person shall dig, remove or vandalize any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency, in any park.

R. No person shall construct or erect any building, edifice, artwork or structure of any kind, permanent or temporary, or construct any public service utility, including but not limited to, any overhead wires, into, upon, through, under or across any park or building, without obtaining any and all permits required by this Code or other applicable regulations.

S. No person shall enter, cross or remain in any lawn, grass plot, planting area, or any other area in any park, where prohibited by the city manager, and where such prohibition is indicated by appropriate signs, fencing or cordoning, or by warning cones.

T. No person shall damage, cut, carve, transplant, pick, remove or injure in any manner any tree, flower, bush or plant in any park or building.

U. No person shall climb any tree or walk, stand or sit upon monuments, vases, fountains, water features, railings, fences, statutes or structures of any kind not intended for such purposes.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021; Ord. No. 2030, § 3, 7-17-2023)

Any park, building or portion thereof may be declared closed to the public by the city manager at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or only to certain uses, as the city manager finds reasonably necessary for reasons including but not limited to: natural disaster; local, state and/or national emergencies; for the protection of property; and/or for the public health, safety or welfare. No person shall enter or remain in any park, building, or portion thereof, which has been closed and noticed as closed by appropriate signs, fencing or cordoning, or other means giving notice of park closure.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021)

The provisions of this chapter may be enforced by any code enforcement official as defined in Section 1.08.020 of this Code.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021)

It is unlawful for any person to violate any of the provisions of this chapter, any park rule or regulation adopted pursuant to this chapter, or to violate any of the terms and conditions of a permit issued pursuant to this chapter. Violation of this chapter and any permits issued pursuant to this chapter are deemed a public nuisance and may be subject to enforcement pursuant to Chapters 1.40, 1.42, 1.44 and 1.46 of this Code.

(Ord. No. 1998, § 4(Exh. A), 8-16-2021)