Santa Ana Municipal Code § 31-4 Metal and glass container prohibited

Footnotes:

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State Law reference— Parks and Playground Act, dealing mainly with developing such facilities, see § 38000 et seq., Gov. Code.

Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.

(1) The words "amplified sound" mean music or speech projected or transmitted by artificial means including, but not limited to, amplifiers, loudspeakers or any similar devices.

(2) The word "department" means the recreation and parks department of the City of Santa Ana.

(3) The word "director" means the director of the recreation and parks department.

(4) The word "park" means any public park or recreation or playground area, including Class I Bike Trails and paseos, or building or facility thereon within the City of Santa Ana, owned and maintained by the city as a public park or recreation or playground area, whether or not such areas have been formally dedicated to such purpose.

(5) The word "pollution" means the contamination or other alteration of the physical, chemical or biological properties of park waters.

(6) The word "smoke or smoking" shall include the carrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind.

(7) The word "stadium" means the Eddie West Field-Santa Ana Stadium.

(8) The word "vehicle" includes any wheeled device or conveyancy, whether propelled by motor, animal or human power. The term shall include any trailer in tow of any kind, size or description. Exception is made for baby carriages and vehicles in the service of the city.

(9) The word "zoo" means the Santa Ana Zoo at Prentice Park.

(Ord. No. NS-1407, § 1, 3-20-78; Ord. No. NS-2827, § 3, 2-6-12)

Editor's note— Ord. No. NS-1407, § 1, amended § 31-1 to read as herein set out. Prior to amendment said section regulated conduct in public parks, playgrounds and recreation centers and was derived from Code 1952, §§ 4261—4261.26.

Editor's note— Ord. No. NS-1407, § 6, enacted March 20, 1978, repealed §§ 31-5—31-11 derived from Code 1952, §§ 3812—3812.4, 4264.2, 4264.3; Ord. No. NS-193, § 3, adopted July 2, 1956, and Ord. No. NS-353, § 1, adopted Nov. 17, 1958. Said sections prohibited unauthorized personnel from being inside the fence of Prentice Park Zoo during such hours that the zoo was closed to the public, regulated conduct of persons at Prentice Park Zoo and pertained to municipal swimming pools.

The conduct described in sections 31-2.1 through 31-2.19 shall be prohibited within the exterior boundary lines of any public park unless specifically allowed through the issuance of a permit pursuant to the requirements of section 31-3. The conduct described in sections 31-2.1 through 31-2.19 shall be prohibited in the stadium or zoo unless inconsistent with the terms and conditions of uses permitted by a contract approved by the city council.

(Ord. No. NS-1407, § 3, 3-20-78; Ord. No. NS-1522, § 1, 4-7-80; Ord. No. NS-1572, § 1, 4-20-81; Ord. No. NS-2026, § 1, 10-16-89; Ord. No. NS-2827, § 4, 2-6-12)

(a) No person shall bring into, possess, consume or sell alcoholic beverages in a park or zoo.

(b) No intoxicated person shall enter, be or remain in any park, zoo or stadium.

(Ord. No. NS-1572, § 2, 4-20-81)

(a) No person in a park shall ride a horse, mule, donkey, pony or bovine animal except on designated paths or trails.

(b) No person shall abandon or bring into any park, except on leash, any animal, reptile or fowl of any kind. This prohibition shall not apply to seeing eye dogs used by a visually handicapped person, provided that the dog is at all times kept under control.

(c) No person shall willfully frighten, molest, injure, chase, capture or annoy any animal or bird in any park or zoo. No person shall throw or propel anything of any kind into any animal area at a zoo.

(d) No person shall feed or offer food to any mammal, reptile or fowl in a zoo, unless such food is an approved type obtained from a dispenser within such zoo for that purpose.

(e) No person owning or having charge, custody or control of any dog in a park shall either knowingly or through failure to exercise due care and control, permit such animal to defecate and allow such droppings to thereafter remain. A person shall not be considered in violation of this section if the person has the necessary equipment, i.e., shovel, bag, etc., readily available and takes immediate action to remove such droppings.

(Ord. No. NS-1572, § 3, 4-20-81; Ord. No. NS-1987, § 1, 12-19-88)

(a) No person shall camp in a park except in an area that has been designated for camping by the director.

(b) No person shall camp in a park without first obtaining a permit from the director pursuant to section 31-3.

(Ord. No. NS-1572, § 4, 4-20-81)

Any personal property left in any park at the time the park is closed to the public, whether or not the personal property is attended, shall be stored pursuant to existing City policy which provides due process and a right to retrieve the personal property.

(Ord. No. NS-3074, § 6, 1-21-25)

(a) No person shall willfully mark, deface or injure in any manner, or displace or remove, or tamper with any park property of any kind.

(b) No person shall willfully dig, cut, move or remove from any park or park area any sand, wood, turf, grass, gravel, shrub, or other material.

(c) No person shall willfully pick, saw, cut, chop, carve, remove or injure any flowers, seeds, blooms, bark, branches, twigs, shrubs, vines, bush, or any other vegetation within any park property.

(Ord. No. NS-1572, § 5, 4-20-81)

(a) No person, except an authorized law enforcement officer, shall bring onto park property, other than at such firing ranges as may be specifically designated by the director, any firearm or ammunition, any explosive, dynamite cap, fireworks, airgun, pellet gun, spring gun, slingshot, bow and arrow, or any other dangerous instrument.

(b) No person shall discharge any weapon or dangerous instrument in a park other than at a firing range as specifically designated by the director for such purpose.

(Ord. No. NS-1572, § 6, 4-20-81)

(a) No person shall start or maintain, in any park, any outdoor fire, except in areas designated for picnicking or camping. Fires shall be limited to cooking fires, or fires in camp lanterns or heaters.

(b) No person starting or maintaining any fire in a park shall leave the area where the fire is located without first completely extinguishing such fire.

(Ord. No. NS-1572, § 7, 4-20-81)

No person shall conduct any raffle or card game for money or drawing for prizes or participate in any form of gambling within a park.

(Ord. No. NS-1572, § 8, 4-20-81)

No person in a park shall take part in or abet the playing of any game involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins, kites or model airplanes, except in areas set apart for such forms of recreation.

(Ord. No. NS-1572, § 9, 4-20-81)

As a general rule, parks shall be open to the public every day of the year between the hours of 5:00 a.m. and 11:00 p.m. However, the director may, in his reasonable discretion, extend or limit such hours for any park or portion of any park. No person shall enter, be or remain in any park during the time when such park is closed, unless he has obtained a permit therefor from the director. Park closing hours shall be posted at park entrances.

(Ord. No. NS-1572, § 10, 4-20-81)

No person in a park shall operate a device producing amplified sound except pursuant to a permit issued under the provisions of section 31-3.

(Ord. No. NS-1572, § 11, 4-20-81)

No person in a park shall conduct or participate in any picnic, or prepare or serve any food, except in an area designated by the director for such purpose.

(Ord. No. NS-1572, § 12, 4-20-81)

No person over the age of eight (8) years shall enter or use restroom, bath or dressing room facilities designated for the use of persons of a sex different from that of such person.

(Ord. No. NS-1572, § 13, 4-20-81)

(a) No person shall sleep, lay down or lodge in a park restroom.

(b) No person shall loiter in a park restroom.

(Ord. No. NS-3074, § 6, 1-21-25)

(a) No person in a park shall willfully throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any park any substance which will or may result in the pollution of said waters.

(b) No person in a park shall willfully bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse or other trash, except in receptacles designated for such purpose.

(Ord. No. NS-1572, § 14, 4-20-81)

No person in park or zoo shall disobey any sign or notice posted or displayed by or at the direction of the director.

(Ord. No. NS-1572, § 15, 4-20-81)

(a) No person in a park shall swim, bathe or wade in any water or waterway in or adjacent to any park, except in such water or waterway as the director may designate and then only during such hours as the director may have established for such purposes.

(b) No person in a park shall change into bathing clothes from street clothes or from bathing clothes to street clothes, except in a bath house or other structure designated for such use.

(c) No person in a park shall fail to wear bathing clothes that cover the genitals and buttocks and in the case of females, the areola and nipples.

(Ord. No. NS-1572, § 16, 4-20-81)

(a) No person shall operate a vehicle in a park except upon designated paved or improved park roads or driveways, or in and upon designated areas or trails set aside for use by such vehicles, unless directed to do so by a law enforcement officer or park guard or by official signs or markings.

(b) The director may, in his reasonable discretion, set aside or designate areas, paths, trails or roads in a park where the operation of bicycles, tricycles, motorcycles, scooters and minibikes may be allowed.

(c) No person shall park a vehicle on park property other than in an area designated for parking such vehicle, unless there is an emergency or unless directed to do so by a law enforcement officer. Parking shall conform to officially posted signs or markings unless other instructions are given by a law enforcement officer.

(Ord. No. NS-1572, § 17, 4-20-81)

(a) The zoo shall be open to the public every day during such time or times as the director may determine, except on New Years Day and Christmas.

(b) No person shall enter, be or remain in the zoo at any time when the zoo is not open to the public, except as the director may authorize.

(Ord. No. NS-1572, § 18, 4-20-81)

(a) Except as otherwise herein provided, no person shall sell or offer for sale any food, beverage or product of any kind on any park, zoo or stadium property.

(b) This section shall not apply to the operation of concession stands owned by the city, nor shall it apply to vendors authorized by the director to sell food and beverages at the Centennial Park soccer field complex.

(Ord. No. NS-2026, § 2, 10-16-89; Ord. No. NS-2262, § 1, 9-5-95)

Smoking is prohibited and is unlawful within the boundaries of any park, stadium or zoo.

(Ord. No. NS-2827, § 5, 2-6-12)

No person in a park shall conduct, operate, present, manage or take part in any of the following activities, unless a permit is obtained prior to the start of the activity.

(a) Any picnic, outing or gathering sponsored by any person and composed of forty (40) or more persons.

(b) Any exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair, circus, musical event or any similar event.

(c) Any public meeting, assembly or parade including, but not limited to, drills, maneuvers, ceremonies, addresses, speeches or political meetings.

(d) Any use of any park facility by a certain person or group of persons to the exclusion of others.

(Ord. No. NS-1407, § 4, 3-20-78; Ord. No. NS-2026, § 2, 10-16-89)

A permit for use of a park shall be issued unless one (1) or more of the following findings are made by the director:

(a) That the proposed activity or use of the park will unreasonably interfere with or detract from the general public use and enjoyment of the park; or

(b) That the proposed activity or use of the park will unreasonably interfere with or detract from the public health, safety or welfare; or

(c) That the conduct of the proposed activity or use is reasonably likely to result in violence to persons or property resulting in serious harm to the public; or

(d) That the proposed activity or use will entail an extraordinary expense or operation by the city; or

(e) That the facilities desired have been reserved for another activity or use on the date and hour(s) requested in the application; or

(f) That the proposed activity will include fencing of a portion of the park for the exclusive use of persons attending the activity and/or charging of an admittance fee to attend.

(Ord. No. NS-2026, § 4, 10-16-89)

The director may impose reasonable conditions or restrictions on the granting of a permit including, but not limited to, any of the following:

(a) Restrictions on fires, fireworks, amplified sound, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park by others, or of damage to park property.

(b) A requirement that the applicant post a reasonable security deposit for the repair of any damage to park property or the cost of cleanup, or both.

(c) A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the city at the proposed use or activity.

(d) A requirement that the applicant pay any required business license tax or other required fees.

(e) A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary based on the use or activity for which the permit is being sought.

(f) A requirement that the permittee provide comprehensive liability insurance in an amount established by resolution of the city council naming the city and its officers, agents and employees as additional insureds.

(g) A requirement that the permittee shall be liable for any loss, damage or injury to any person or property whatever by reason of the negligence of the person or persons to whom such permit was issued.

(h) A requirement that the permittee shall be bound by park rules and regulations and all applicable ordinances fully as though the same were inserted in his permit.

(i) A requirement that the permit shall not be transferable without the written consent of the permitting authority.

(Ord. No. NS-2026, § 5, 10-16-89)

Within three (3) days after receipt of an application, the director shall apprise applicant in writing of his reasons for refusing a permit or of any conditions attached to the issuance of a permit, and any aggrieved person shall have the right to appeal in writing within five (5) days to the city manager who shall consider the standards set forth in section 31-3.1 and sustain or overrule the director's decision within four (4) days.

(Ord. No. NS-2026, § 6, 10-16-89)

The permitting authority shall have the authority to revoke any permit granted under this chapter upon finding of violation of any rule or ordinance or upon violation of any condition or restriction under which the permit was issued.

(Ord. No. NS-2026, § 7, 10-16-89)

No person shall bring into or possess in the stadium any metal or glass bottle, can, canister or similar container. This provision shall not apply if inconsistent with terms and conditions of uses permitted by a contract approved by the city council.

(Ord. No. NS-1407, § 5, 3-20-78)

Editor's note— Prior to amendment by Ord. No. NS-1407, § 5, § 31-4 established hours for Prentice Park Zoo, and was derived from Code 1952, § 4263.

(a) The following regulations shall apply to the riding of skateboards and in-line skating, at any facility or park owned or operated by the city that is designed and maintained for the purpose of recreational skateboard use:

(1) No person shall ride a skateboard or partake in in-line skating at any facility owned or operated by the city that is designed and maintained for the purpose of recreational skateboard use unless that person is wearing a helmet, elbow pads, and kneepads as required by the State of California Health and Safety Code Section 115800.

(2) It shall be unlawful to enter the skateboard facility unless during posted hours of operation.

(3) It shall be unlawful to enter the designated skate area, unless operating skateboard or partaking in in-line skating.

(4) It shall be unlawful to organize any activity, event or competition in any designated public skate park facility without the written permission of the executive director of the parks, recreation and community services agency.

(5) It shall be unlawful to make modifications, alterations, or additions in any manner to the skate facility.

(6) No bicycles, BMX, scooters and/or motorized devices are permitted within any designated public skate park facility. Public skate park facilities are for in-line skating and skateboarding only.

(7) Skating outside the designated skate park area is prohibited. This does not include skating or using skateboards as a means of transportation.

(b) The executive director of the parks, recreation and community services agency is authorized to post signs giving notice of the aforementioned regulations as well as any additional regulations as he or she determines are valuable for the optimal operation of the designated public skate park facility.

(c) Violation of this section shall be an infraction punishable by:

(1) A fine not exceeding fifty dollars ($50.00) for the first violation;

(2) A fine not exceeding one hundred dollars ($100.00) for a second violation of the same ordinance within same year;

(3) A fine not exceeding one hundred seventy-five dollars ($175.00) for each additional violation of the same ordinance within same year;

(4) Fourth violation within same year will result in six-month banishment from the use of the facility; and

(5) Failure to pay fines will result in automatic six-month banishment from the use of the facility until said fines are paid.

(Ord. No. NS-2504, § 2, 8-5-02)

Editor's note— Section 31-5, providing that § 31-1, as said section existed prior to amendment by Ord. No. NS-1407, § 1, would not apply to Santa Ana Municipal Stadium, was repealed by Ord. No. NS-1407, § 2, enacted March 20, 1978. Said section was derived from Ord. No. NS-1292, § 4, adopted Feb. 17, 1976.

The director of recreation and parks shall issue from time to time as he deems necessary, rules and regulations to implement the provisions of this chapter. Such rules and regulations shall have the force of law, and the failure to obey same shall be deemed a violation of the provisions of this chapter.

(Ord. No. NS-1407, § 7, 3-20-78)

Editor's note— Ord. No. NS-1407, § 7, amended § 31-12 to read as herein set out. Prior to amendment said section was derived from Code 1952, § 3812.5, and Ord. No. NS-192, § 3, enacted July 2, 1956, and pertained to eviction of persons from municipal swimming pools for violation of former §§ 31-7—31-11.