Sebastopol Municipal Code Ch. 9.24 Conduct in City Parks

Park. As used in this chapter, the word “park” shall mean any public park of the City.

No person shall, in any park, drive any vehicle, motorcycle or other motor driven cycle or automobile except on roads and drives provided for such purposes, or unless permission of the City of Sebastopol has been granted. Bicycles are permitted except where posted, at the direction of the Public Works Department, as not being consistent with public safety.

No person shall ride, drive, or hitch any horse in any City park except with the specific approval of the City Council.

No person shall distribute any handbills or circulars in any park. No person shall post, place, or erect any advertising or commercial or election signs in any park without the prior permission of the City of Sebastopol. The City Manager, upon application, may grant approval for erection of temporal signs advertising community events, or permanent directory signs advertising lists of community organizations.

No person shall cut, break, injure, deface or disturb any tree, shrub, plant, rock, monument, fence, bench, table, structure, apparatus, equipment or property; or remove any flora or natural geological or paleontological features or mark or write upon any building, monument, fence, bench, or other structure or carry any flowers, shrubs, or branches into or through any park area. In addition, no person shall remove, add or introduce any vegetation, wood, soil, rock, sand or gravel from or onto any park area without written permission from the Public Works Department.

No person shall remove, injure, disfigure, deface or destroy any object of archaeological interest or value.

In an effort to provide for the public’s health and safety, and more specifically, to reduce the exposure of the public, particularly children, from the adverse impacts of secondhand smoke and to reduce the risk of fire, smoking is prohibited in all City parks and the Downtown Plaza, except those areas that are specifically designated by the Public Works Department as areas where smoking is permitted.

No person shall dump, deposit or leave any bottles, broken glass, paper, boxes, cans, rubbish, waste, or garbage, or other trash in any park area. Waste or trash from incidental day use must be deposited into the receptacles provided on park lands. If receptacles are not available, persons must, upon departing, carry out all residual items, waste, or trash for subsequent disposal in appropriate waste receptacles.

No person shall deposit waste water, sewage, or effluent from sinks, portable toilets, holding tanks or other plumbing fixtures directly upon or into the surface of the ground or water within a park area, except for use of treated wastewater as authorized by the Public Works Department.

No person shall swim, bathe, wade, change, or alter the water quality of any fountain, pond, river, stream or waterway. No person or persons shall introduce to such waters in a park area substances that alter or change the natural water quality.

Unauthorized persons shall not feed wildlife, nor shall any person hunt, molest, harm, frighten, kill, trap, poison, chase, tease, shoot or throw rocks or missiles at any fauna in any City park area. However, law enforcement officials or agencies directed by the City may trap, hunt, or kill fauna, when necessary.

No person, except duly qualified and directed law enforcement officials, shall take into any park area any firearm, air gun or gas weapon, slingshot, crossbow, bow and arrows, or other articles of like character.

No person shall take fish within the boundaries of any water area or other such restricted area as may be designated and posted by the City. Fishing in other areas shall be in accordance with the rules and regulations established by the City provided, however, that no person shall utilize a spear or arrow while fishing on park lands. Except as otherwise posted, a valid State of California fishing license shall be required for all persons over the age of 16 years, and all State fish and game laws and regulations which are applicable shall apply.

No person or persons shall release, introduce or abandon any animal of any type to a park area.

No person shall bring a dog into park areas unless the dog is on a leash and under the immediate control of the person. Such person shall remove and properly dispose of any feces deposited by such dog.

No person shall indulge in any riotous, threatening, indecent or abusive behavior, or use profane language while in or on any park area or facility.

It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any City park, except as otherwise provided by resolution of the City Council.

No person shall camp, set up housekeeping or sleep in any City park overnight and specifically between the hours of 11:00 p.m. and 6:00 a.m. unless a special events permit is specifically approved by the City Manager pursuant to Ordinance Nos. 916 and 936. As used in this section:

“Camp” means to pitch or occupy camp facilities; to use camp paraphernalia. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-City designated cooking facilities and similar equipment.

No person shall make or kindle a fire for any purpose except in barbecue pits or other places provided for that purpose, in any park.

It shall be unlawful for any person to cook in, sleep in or otherwise inhabit any camper, camp trailer, or camp house within or upon a City park overnight and specifically between the hours of 11:00 p.m. and 6:00 a.m., or in parking facilities adjacent thereto.

No person shall engage in indecent exposure as defined in Section 314 of the California Penal Code while in any public park area.

Parents or legal guardians of minor children shall be held accountable for the acts of their children. Damage or vandalism to park areas, structures or equipment by children shall be the responsibility of the parent or legal guardian having custody or control of the minor.

No person over the age of eight years shall enter or use any toilet or restroom facility designated for members of the opposite sex, except for maintenance personnel authorized by the Public Works Department and law enforcement and Fire Department personnel in performance of duties.

No person or persons shall engage in any of the following activities on park lands, except in areas specifically designated and set aside from time to time by the City for such use:

A. Use or possess fireworks of any kind.

B. Drive, chip, or in any manner play or practice golf, or hit golf balls.

C. Operate self-propelled model airplanes, boats, automobiles or other model craft of any kind or description.

D. Throw, release or discharge or launch missiles, rockets or similar projectiles.

E. Hang glide or parachute.

F. Install an inflatable jumping structure.

G. Engage in any activity or operate any device recklessly or negligently so as to endanger the life, limb or property of any person.

Regular use of parks by schools for recess or recreation programs shall require City Council approval by resolution. The City Council may require proof of appropriate insurance, and a use fee to address impacts on park facilities.

The City Council may by resolution establish standards, regulations and fees for the conduct of any sale, commercial activity, private lessons or training, raffle, public barbecue, or other use where a charge is or may be made or where all or a large portion of the park is proposed to be used. Park use permits shall be processed pursuant to Ordinance Nos. 916 and 936.

No person shall consume or possess alcoholic beverages as defined in subsection A of this section in a public park or on any sidewalk or street adjacent to a park.

A. An “alcoholic beverage” means alcohol, liquor, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

B. Exemptions. If the Chief of Police, or his designee, determines that it will not be detrimental to the public health, safety, peace and welfare, he/she may from time to time exempt certain prescribed public parks from the prohibitions of this section at specified times, and he/she may exempt all public parks from the prohibitions of this section during specified public holidays, events, celebrations, parades or festivals. Such exemptions shall be set forth in writing, signed by his/her designee, and filed with the City Clerk. Any exemption previously granted may be amended or revoked, which amendment or revocation shall likewise be in writing and filed with the City Clerk.

C. Enforcement. Before taking enforcement action under this section the officer who notices or is made aware of the violation shall provide a written warning to the offending party(s) advising them of the ordinance and the consequences of a second violation.

The City shall reserve the right to close certain park areas to the public for the purpose of protecting the environmental quality of the area, during periods of extreme fire hazard, or other such purposes deemed hazardous or dangerous to persons or property.

The Public Works Department may from time to time declare and post a prohibited area for such reasons as unsafe or dangerous conditions, maintenance, construction of improvements, etc. The purpose of this is to ensure the safety and health of persons; to avoid interference in development, construction or management; or to provide for security, safeguarding and preservation of park property.

No unauthorized person shall enter a fenced utility area or remove, destroy or tamper with any valve switch or control, any telephone, electrical, water or sewer line or system owned or operated by a public utility company or public agency.

Grazing by domestic animals shall not be permitted on park lands, unless it can be clearly demonstrated that such grazing will be of significant benefit to a park area and approval is granted by the City Council.

No person shall, in any park, practice, carry on, conduct or solicit for any trade, occupation, business, or a profession without the prior written permission of the City, nor shall any person sell any goods, merchandise, or beverages, including but not limited to alcoholic beverages, in any City park without the express written permission of the City.

The City Council may, by resolution, establish the times that City parks shall be open. In the absence of a resolution by the City Council, the City parks shall be open to the public from daylight to 10:00 p.m., except for the Laguna de Santa Rosa Wetlands Preserve, which shall be open from sunrise to sunset.

Any person, whether singularly or as part of an assembly of two or more persons, who shall on any park property of the City of Sebastopol, or on public property in the immediate vicinity thereof, commit any act in violation of the rules of the City of Sebastopol or any ordinance or resolution thereof, who shall refuse or fail to disperse or move away from said area when commanded by a public officer to so disperse or move on shall be guilty of a misdemeanor. For the purposes of this section, the term “public officer” shall be construed to include, but not limited to, authorized employees of the City of Sebastopol.

A. It shall be unlawful for any person to use sound amplifying equipment for purposes of amplifying music or other recorded or live sounds unless a special events permit is approved by the City Manager.

B. It shall be unlawful for any person to willfully conduct any other activity within any City park that results in loud or unusual noises which disturb the peace and quiet of the park and cause discomfort or annoyance to any reasonable person of normal sensitiveness using the City park facilities.

C. In adopting this section, the City Council declares it to be the policy of the City to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. The Council feels obligated to protect the correlative constitutional rights of the citizens of the community in the use of City park facilities to freedom from public nuisance of loud and unnecessary noises.

No public meetings or other activity with more than 100 persons who may reasonably be expected to participate shall be conducted in any park unless a special events permit therefor has been issued by the City Manager pursuant to the provisions of this chapter and Ordinance Nos. 916 and 936.

In addition to other provisions of the Municipal Code and other applicable law, any community garden on City property shall be subject to the following provisions:

A. Fees. Community garden plots shall be made available to the public at an annual charge of $20.00.

B. Deposit. A $25.00 security deposit shall be required for each plot. Upon a determination by the Garden Coordinator, the deposit may be forfeited if the plot holder fails to maintain their plot, or causes loss or damage to the plot or park generally. Forfeiture of the deposit shall not limit plot holder liability in the event of substantial loss or damage. The City Manager may waive the security deposit upon showing of hardship or other good cause.

C. Garden Coordinator. The City Manager shall designate a Garden Coordinator.

D. Trees. No trees shall be planted in individual plots except by approval of the Garden Coordinator. No pruning of park trees shall be performed except by approval of the Garden Coordinator.

E. Maintenance. Plots shall be maintained, regularly weeded, and not encroach on other plots or obstruct pathways. Plot holders shall notify the Garden Coordinator should they no longer be able to tend their plot, will be absent for an extended period of time, or have asked another person to tend the plot for an extended period of time.

F. Watering. Unattended watering is not permitted.

G. Herbicides and Pesticides. Use of herbicides, pesticides, insecticides and chemical fertilizers is prohibited.

H. Plot Fencing. Individual fencing of plots is allowed. Fencing and other structures within plots shall be kept less than three feet tall.

I. Debris. No debris of any kind should be left at plots or within the park generally. Appropriate composting, trash and recycling receptacles shall be utilized.

J. Plot Assignment. The Garden Coordinator will assign individual plots on a first come, first served basis. No plot holder transfers shall be made without Garden Coordinator approval.

K. Liability Release. Prospective plot holders shall be required to execute a liability release form as required by the City Manager.

L. Any member not tending their plot for four weeks or longer may receive a warning from the Garden Coordinator. If the plot continues to be untended for two weeks after the warning, the plot holder will receive a second warning, in writing. If left untended for a subsequent two weeks after the written warning, the right to use the plot may be rescinded. The plot will pass to the next person on the waiting list and the former plot holder will be notified in writing of such action.

Other community garden use guidelines may be established by the Garden Coordinator.

With the exception of SMC 9.24.090, 9.24.120, 9.24.210, and 9.24.340, of which every person violating any of the terms or conditions of the above mentioned sections shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by the law, every person violating any of the terms or conditions of any ordinance or any resolution adopted pursuant to the provisions of all other sections in this chapter shall be guilty of an infraction.

In addition to other provisions of the Municipal Code and other applicable law, any skatepark on City property shall be subject to the following provisions:

A. Hours of Use. Notwithstanding other provisions of this chapter, unless otherwise approved by the City Council, or by City Manager approval of a special event permit, the park will be closed to the public between 10:00 p.m. and sunrise, with specific hours within such period set by the Public Works Department based on staffing availability and related operational and budget considerations.

B. State Law. Users are hereby on notice that skatepark use may be defined as a hazardous recreational activity under California law.

C. Helmet, Elbow and Knee Pads Required. It shall be unlawful for any person riding a skateboard, in-line skates, and skates at any City skatepark, or any other designated public recreational park or area in which skateboarding, in-line skating and skating are permitted, to fail to wear a helmet, elbow pads and knee pads.

D. Prohibitions. No person shall operate, drive or ride upon any skateboard, in-line skates or skates, bicycle, unicycle, horse or any other animal in any park or park areas except in areas posted and designated for such use.

E. Smoking. There shall be no smoking of tobacco or other products in any park that includes a skating area.

F. Portable Stereos. Music from portable stereos or other such devices that is clearly audible and causes discomfort or annoyance to any reasonable person of normal sensitiveness at any residential parcel or a place of business shall be prohibited.

G. Prohibited Items and Activities. The following items and/or activities are prohibited in any area specifically designated for skate use: glass containers, food, drink, vehicles, bicycles, unicycles, tricycles, motorcycles or wagons, automobiles, animals, or other domestic animals, portable jumps, ramps or other movable objects, or the throwing of objects such as Frisbees, balls, or other objects.

H. Vandalism. Graffiti is prohibited in the park.

I. Closure. In addition to other Municipal Code provisions regarding park closure, with approval of the City Manager, the Public Works Department is authorized to temporarily close the skate area or the entire park in the event of any substantial vandalism, including but not limited to graffiti and other damage to the skate area or other park facilities. (Ord. 1091, 2016)

Ordinances in conflict herewith are hereby rescinded.