Article 11-05

GENERAL PROVISIONS

Sections:

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise:

(a) Amplified sound means speech or music projected or transmitted by electronic equipment including, but not limited to, 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, music or other sound and are powered by electricity or other sources of energy.

(b) Park means and includes all real property, including grounds, roadways, parks, playgrounds, open space reservations, recreation centers or any part or area thereof, located within the City and open to the public for either active or passive recreation, whether owned, leased or maintained by the City. The term shall include all buildings, structures and other facilities located on such real property devoted to such use, and all parks are declared to be sanctuaries for wildlife.

(c) Director of Parks , hereinafter in this Chapter referred to as "Director," means that person having authority over all parks within the City, and to whom is delegated the primary authority, responsibility and jurisdiction to administer and enforce the provisions of

this Chapter. The City Manager or such other person(s) as may be designated by the City Manager shall serve as the Director of Parks.

(Amended by: Ord. 71-146 § 2, 1995; Ord. No. 300, § 1(Exh. A), 10-3-2012)

Unless otherwise provided in this Code or designated by minute order or resolution of the City Council, or unless otherwise posted at a particular park, all parks shall be closed to the public from one-half hour after sunset until sunrise of the following day, and no person other than an officer or employee of the City shall be or remain in any park during such hours of closure. In addition, the Director shall have the power to close all or any portion of any public park for other hours and times of any day as may be reasonable or necessary in order to protect the public health, safety or welfare, and shall have the further power to close all or any section of any park to the public at any time, and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise), either entirely or to close the same to certain particular uses, as may be reasonable or necessary under the circumstances to protect the public health, safety and welfare. (Amended by: Ord. No. 300, § 1(Exh. A), 10-3-2012)

No person shall do any of the following acts within the limits of any park in the City:

(a) Cut, carve, paint, mark, deface, disfigure, tamper with, displace or remove any building or structure or any real or personal property, including, without limitation, any bridge, table, bench, fireplace, barbecue, fence, railing, monument, apparatus, facility, paving, water or other public utility lines, or utilities or parts or appurtenances thereof, nor cut, carve, paint, mark, paste, nail, staple or fasten in any fashion any mark, writing, bill, advertisement, sign, card, or display, on any tree, fence, wall, building, monument or other structure.

(b) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, nor pick any flowers, foliage, berries or fruit of any such tree, shrub or plant.

(c) Excavate, dig up or remove any grass, turf, dirt, earth, sand, gravel, stone, rock, mineral or other substance or substances of which the property is com-

(Saratoga Supp. No. 57, 1-26)

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posed or contains; or otherwise engage in any excavation or quarrying, nor remove nor carry away any timber of felled trees, or wood or other materials located within or upon the ground not otherwise specifically enumerated herein.

(d) Erect, place, construct, or move into a park any equipment, building, or structure of any kind, whether temporary or permanent in character, including, without limitation, nets or goals or other similar sporting equipment, tents or other temporary shelters for the purpose of overnight camping, house trailers, camp trailers, pickup campers, or other movable structures or vehicles used or to be used for any such purpose, except as may otherwise be provided in this Chapter.

(e) Climb any tree or walk, stand or sit upon any monument, vase, fountain, railing, fence or other structure not designated or customarily used for such purpose.

(f) Go upon any lawn or grass plot, where legible signs prohibiting the same are posted in a conspicuous location on or near such plot of lawn or grass.

(g) Use, carry or possess any firearm of any description, or air rifle, spring gun, bow and arrow, sling shot, sling or other form of weapon potentially dangerous to wildlife or to human safety, nor hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, bird or reptile, with the exception of snakes known to be deadly poisonous such as rattlesnakes, which may be killed upon sight; nor shall any person remove or possess the young of any wild animal, or the eggs or nest of any young of any reptile or bird.

(h) Use or attempt to use or interfere with the use of any fireplace, barbecue, table, space or facility which at the time is reserved for any other person or group of persons which has received a reservation from the Director therefor in accord with Article 11-10.

(i) Consume, exhibit, or possess any alcoholic beverage, with the exception of beer or wine with an alcohol content of fifteen percent or less, or be under the influence of intoxicating beverage or any drug so as to be a threat to the safety of himself or any other person or property in such park.

(j) Possess, or set off, or otherwise cause to explode or burn any firecrackers, torpedoes, rockets or other fireworks or explosives of inflammable material,

or discharge them or throw them into any park area from land or any other property or highway adjacent thereto.

(k) Permit or allow any dog owned by such person, or under the custody or control of such person, to enter or remain in the park or any part thereof unless securely held and led by a leash of not more than six feet in length, securely attached to a harness or collar on such dog. Should any dog defecate on any park premises or property, the person who owns said dog, or has custody or control of said dog, shall immediately remove any and all excrement from the park.

(l) Use or occupy any area or facility in any manner contrary to any posted notice, including, without limitation, the entering of any area posted as being closed to the public.

(m) Throw, discharge or otherwise place or cause to be placed in the waters of any pond, lake, stream, creek, natural waterway, fountain, storm sewer or drain, swimming pool or any other body of water in or adjacent to any park, any substance, matter or thing, solid or liquid, which would cause or result in the contamination or pollution of such waters, or which would in any way clog or jam or interfere with the drainage, recycling, filtering or flow of such body of water.

(n) Place, dump, deposit or leave any garbage, refuse, rubbish or other trash, including, without limitation, any bottles, broken glass, ashes, paper boxes, cans and similar items in any of the buildings or grounds of any park, except in proper receptacles or containers as are provided for the purpose of such disposal.

(o) Ride or propel a skateboard upon any driveway, roadway, parking area or tennis court within such park.

(p) Throw, kick, or hit any ball, rock, or other object into any public driveway, roadway, highway, parking area, sidewalk, bicycle path, or trail inside or outside the park in such a manner that the ball, rock, or other object could cause injury to any person or cause damage to any vehicle or other property.

(q) Hawk, vend, peddle, sell, solicit the sale of or offering for sale any food, drink, goods, wares, merchandise or services of any kind (including, but not limited to classes, lessons, practices, drills, fitness training, or other structured activities directed by a coach, trainer, or instructor whether or not offered for compensation

(Saratoga Supp. No. 57, 1-26)

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or donation), or advertisement of the same, in any park or area thereof except as authorized by the City Council or a permit issued pursuant to this Chapter.

(r) Amplified or non-amplified sound in violation of the noise ordinance standards for parks set forth at Section 7-30.040 except in accordance with a noise exception permit issued pursuant to this Code.

(s) Any act which is in violation of any other provision of this Code or other ordinance of the City, or in violation of any County or State law. The above prohibitions shall not be applicable to any officer or employee of the City acting in the course and scope of that person's employment.

(Amended by: Ord. 202 § 2 (part), 2002; Ord. 204 § 2.1, 2002; Ord. No. 300, § 1(Exh. A), 10-3-2012; Ord. No. 413, § 1(Exh. A, § 16, 11-5-2025)

No person shall do any of the following acts within the limits of any park in the City except in such areas of the park where specifically permitted:

(a) Make, build, light, kindle or maintain any fire for any purpose, except at the specific picnic places provided for such purpose, and then only in a camp stove, or a fireplace or barbecue facility provided therefor. All such fires shall at all times be attended by at least one responsible person, and before leaving the area of such fire, the same shall be completely extinguished.

(b) Stop, stand or park any motor vehicle or bicycle in other than a designated parking area, which use shall be in accord with all posted directions, and with instructions of any parking attendant in the employ of the City.

(c) Ride on or in, or drive, any motor vehicle in any park area other than a designated parking area, except such area as is specifically signposted to permit such operation, except that, unless otherwise designated, motor vehicles may be operated at a speed of not to exceed fifteen miles per hour on all paved roads in any park area.

(d) Operate or ride as a passenger on any bicycle on other than a paved road or bicycle path designated for that purpose.

(e) Ride or lead any horse on other than paved roads or equestrian pathways designated for that pur-

pose, or cause, permit or allow any horse or other domestic animal to be untethered or otherwise to be loose or to roam upon any park area.

(f) Urinate or defecate other than in the receptacles provided therefor in restrooms provided for such purpose.

(g) Practice or play golf, or operate any motordriven model airplanes, boats or cars, or swim or bathe, or engage in any archery or target practice or fishing, except in such areas as are specifically signposted and designated therefor.

(h) Lunch or picnic in any place other than as signposted and designated for such purpose, and in such regard, fireplaces, barbecue facilities, benches and tables unless reserved in accordance with Article 11-10 shall be used on a first-come, first-served basis and no person shall use such area or facilities for an unreasonable length of time for such purpose.

(i) Day or night camping in other than designated areas.

(j) Engage in or practice or train for any organized team sport or game except in areas specifically designated therefor.

(Amended by: Ord. No. 300, § 1(Exh. A), 10-3-2012; Ord. No. 413, § 1(Exh. A, § 16, 11-5-2025)

No person shall do any of the following acts within the limits of any park in the City except upon the issuance of a special permit for such act(s) pursuant to Article 11-10, and only so long as such permit remains in full force and effect, the permittee has complied with all conditions set forth therein, and the permittee has obtained all other governmental approvals required for the permitted use (e.g., noise exception permit for sound in excess of noise standards, business license for sales, County Health Department approval for serving food, etc.):

(a) The use or occupation of any park or area thereof by any group of persons fifteen or more in number.

(b) The right to the exclusive use or occupation of any park or area thereof by any person or group of persons, regardless of number.

(c) The use or occupation of any park or area thereof after the times specified in Section 11-05.020 for showing of a movie open to the public without

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(Saratoga Supp. No. 57, 1-26)

11-05.050

charge provided, however, that permits for showing movies that are not rated G or PG shall include requirements designed to limit viewing of the movie to an audience appropriate to the rating as determined by the Motion Picture Association of America.

(d) Hawking, vending, peddling, selling, soliciting the sale of or offering for sale any food, drink, goods, wares, merchandise or services of any kind (including, but not limited to classes, lessons, practices, drills, fitness training, or other structured activities directed by a coach, trainer, or instructor whether or not offered for compensation or donation), or advertisement of the same, in any park or area thereof.

(e) The consumption, exhibition, or possession of beer or wine with an alcohol content of fifteen percent or less by any person in a publicly advertised assemblage or any group of persons twelve or more in number.

(Amended by Ord. 202 § 2 (part), 2002; Ord. No. 283, § 1, 5-4-2011; Ord. No. 300, § 1(Exh. A), 10-3-2012; Ord. No. 413, § 1(Exh. A, § 16, 11-5-2025)

Editor’s note— Ord. No. 283, § 1, adopted May 4, 2011, repealed § 11-05.51, which pertained to alcohol prohibited in Wildwood Park during certain times, except with special permit, and derived from Ord. 71-146, 1995.

Editor’s note— Ord. No. 283, § 1, adopted May 4, 2011, repealed § 11-05.52, which pertained to alcohol prohibited in El Quito Park, except with special permit, and derived from Ord. 71-166, 1996.

(a) Notwithstanding any other provision of this Code, in Congress Springs Park signs, banners, and posters may be posted, affixed, or otherwise attached in accordance with this Section of the Code provided that no sign, banner, or poster may be posted over a previously posted sign, banner, or poster.

(b) Signs, banners, and posters are permitted only in the following areas of the park:

(1) On fencing for all dugouts, bleachers, and batting cages;

(2) The portion of backstop fencing from ground level to a height of ten feet;

(3) The wall of the concession stand facing the field area, provided that the sign, poster, or banner is not larger than four hundred fifty square inches;

(4) On temporary structures erected by a user group in the field for use in an activity being carried out pursuant to a group use permit (e.g., on temporary outfield fencing for baseball or registration tables for a walk-a-thon or other event); and

(5) At up to three locations in the field area on a temporary structure designed to hold only the sign, banner, or poster and erected in a manner that does not damage turf or otherwise impair future use of the park.

Notwithstanding the foregoing, no sign may be erected in any location where the printing on the sign is clearly visible from Glen Brae Drive.

(c) No signs, banners, or posters posted in Congress Springs Park may be larger than twenty square feet.

(d) All signs shall be marked with the date of posting. No sign, banner, or poster may be posted for more than two weeks unless posted in connection with an activity permitted pursuant to a group use permit in which case the sign may be posted for the term of the use permit. Signs, banners, and posters may be reposted for additional two-week periods provided that the sign is removed for at least forty-eight hours at the end of each posting period.

(e) The area on the batting cage closest to Glen Brae Drive shall remain open for posting of signs, banners, and posters by any person notwithstanding any group use permit authorizing a particular group exclusive use of the park.

(f) Nothing in this Section shall preclude the Director from posting signs necessary to protect public health and safety. (Ord. 248 § 2, 2007)

Editor’s note— Ord. No. 300, adopted October 3, 2012, moved § 11-05.054, which pertained to Kevin Moran Park use permits, to § 11-10.012.

The Director may from time to time adopt additional supplemental regulations relating to the conduct of persons, uses and activities permitted, regulated or prohibited on park property which are not contradictory or contrary to any of the provisions of this Chapter.

(Amended by: Ord. No. 300, § 1(Exh. A), 10-3-2012; Ord. No. 413, § 1(Exh. A, § 16, 11-5-2025)

(Saratoga Supp. No. 57, 1-26)

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(a) The violation of any provision of this Article shall be unlawful and constitute a misdemeanor, subject to the penalties as set forth in Chapter 3 of this Code.

(b) In addition to any other remedy available under this Code or state law, an enforcement official may, in their discretion, order the immediate cessation of any activity prohibited by this Article and may remove or exclude from a park any person who has violated any provision of this Article. Any person who is ordered to leave must immediately leave the park and may not return during the same calendar day in which they were ejected unless specifically authorized to do so by the enforcement official who issued the order or another enforcement official. It is a violation of this Article for any person to fail or refuse to comply with any lawful order or direction issued by an enforcement official acting pursuant to this Article. Failure to cease any violation of any provision of this Article upon request will result in the person in violation being deemed a trespasser and subject to all applicable penalties under the laws of the State of California and this Code.

(c) The City Manager or his designee shall be the official responsible for the enforcement of this Article and for the implementation of this Article in the designation of areas for particular uses; and areas in which certain uses are prohibited, and for the posting of the requisite notices of the same.

(Amended by Ord. 71-166 § 2, 1996; Ord. No. 413, § 1(Exh. A, § 17, 11-5-2025)

Editor’s note— Exhibit A of Ord. No. 300, adopted Oct. 3, 2012, repealed § 11-05.080 which pertained to skate parks and derived from Ord. 204, 2002.

212.1

(Saratoga Supp. No. 57, 1-26)

11-10.001