Shafter Municipal Code Ch. 12.32 Public Parks

The purpose of this chapter is to regulate the use of the parks of the city, in order that all persons may enjoy and make use of such parks and to protect the rights of persons in the surrounding areas.

(Prior code § 3-9-1)

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 such words and phrases used in this chapter:

A. "Amplified music" means music projected and transmitted by electronic equipment, including amplifiers, the total output of which amplifiers, including the sum wattage output of each channel, exceeds ten watts.

B. "Amplified speech" means human speech projected and transmitted by electronic equipment including amplifiers, the total output of which amplifiers, including the sum of wattage of each channel, exceeds ten watts.

C. "Chief of police" or "chief" means the police chief of the city, or his authorized representative.

D. "City manager" means the city manager of the city, or his authorized representative.

E. "Continuous event" means any event which lasts longer than one day or occurs more frequently than twice per month.

F. "Director" means the public works director of the city or his authorized representatives assigned to the division of parks within the public works department.

G. "Parks" means all community and neighborhood parks, the grounds, pathways, roadways, avenues and areas used for parks and recreational purposes, and which are dedicated as such. For the purpose of Section 12.32.040 it also includes median islands, parkways, sump areas or greens or other public grounds.

(Ord. 401 § 1, 1988; prior code § 3-9-2)

A. The city council may, by resolution, establish park standards and guidelines, fees and deposits and other requirements, no in conflict with this chapter.

B. Such resolution shall list the parks and facilities which may be served, the type of activities permitted, permit, facility reservations, approvals or insurance required, maximum occupancies for various parks and facilities therein, fees and deposits required and may promulgate, by such resolution, any reasonable regulations for the proper administration of the parks which are consistent with the enforcement of this chapter.

C. Such resolution and any amendments thereto shall have the force of law and any violation thereof shall constitute a misdemeanor punishable in the same manner as a violation of this chapter.

D. Nothing in this section shall prohibit the director from promulgating rules and regulations for the daily operation of the parks and facilities consistent with this chapter and applicable resolutions of the city council.

E. Organized adult sports are prohibited in Mannel, Rodriguez and Stringham Parks unless permitted by the city council.

(Ord. 490 § 1, 1997; prior code § 3-9-3)

Within the limits of any park, it is unlawful for any person, other than a duly authorized city employee in the performance of his duty, to do any of the following:

A. Play or practice golf or archery or fly motor-driven model aircraft, except in areas which may be specifically designated and posted for such purposes;

B. Cut, remove, destroy, injure, mutilate, pluck, pull up or take, any tree, plant, shrub, bloom or flower; or to cut, break, injure, deface, disturb or remove any bench, table, apparatus, refuse receptacle, equipment, building, structure, monument, sign, fence or property; or to mark, paint, write or print upon any building, monument, fence, bench, structure or other property; or to remove any wood, turf, grass, soil, rock, sand or gravel; or to attach or place in any manner any sign, poster, card display or advertising device, throw any stones, rocks, clods or missiles; or to hunt, pursue, annoy, throw stones, clods, rocks or missiles at, shoot at, or molest or disturb in any way, any animal or bird; or to go upon any lawn or grass plot where prohibited by the director, which prohibition is indicated by a proper and legible sign.

C. Make, light, kindle or maintain any fire, unless such fire is lighted and maintained in a stone, grill, pit, brazier or other equipment provided for such use;

D. Open, expose or interfere with any water or gas pipe or electrical outlet, hydrant, stopcock, sewer, basin or other fixture or improvement;

E. Leave any garbage, rubbish, trash, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor;

F. Operate, drive, ride or propel any bicycle, unicycle, motorcycle, horse, cattle or any other animal, or operate, stand or park any vehicle except in areas which may be specifically designated and posted for such use; or to allow dogs to run loose or with a chain or leash longer than six feet, except in areas which may be specifically designated and posted for such use; or to bring into or keep any animal other than a domestic animal.

G. Take into, exhibit, use or discharge any firearm, weapon, air gun or slingshot;

H. Use or attempt to use or interfere with the use of any table, stage, equipment, apparatus, area, softball diamond or other space or facility which at the time has been reserved for other persons under any contract, facility reservation or permit from the director or reserved or scheduled for other persons under contract or otherwise by the director; or disturb in any manner any picnic, meeting, service, concert, exercise, exhibition or gathering;

I. Assemble, collect or gather together in any walk, passageway or in any other place set apart for the travel of persons in or through any part or to occupy the same so that free passage or use thereof by persons passing along the same shall be obstructed in any manner;

J. Be in or upon any part between the hours of ten p.m. and five a.m.; provided, however, that camping or lodging overnight may be permitted when such camping or lodging is part of an organized recreational outing under the supervision of the city pursuant to a permit granted therefor by the director. Such application may be denied if such use is found to be inimical to the use of any park by the general public;

K. To deliver, or announce or advertise the delivery of a public address, sermon, oration or speech without having first obtained a written permit from the director, who shall issue such permit upon written application signed by the person or persons requesting the permit, provided no previous permit has been issued to any other person or persons to speak at the same time and place for which application is being made. The director shall have the authority to designate the area in the park where such event shall take place;

L. Except as allowed under permit issued pursuant to Section 12.32.150, operate any radio, tape player, tape recorder, record player or television on or in any park, or from any vehicle parked upon any street right-of-way within or adjacent to any park, or in any parking area or lot within any park, at such volume as permits the noise therefrom to be audible to any person of normal hearing sensitivity fifty feet from the radio, tape player, tape recorder, record player or television.

(Prior code § 3-9-5)

The sale of alcoholic beverages is prohibited in all parks unless such sale is allowed pursuant to a permit issued by the city council as provided in Section 12.32.070.

(Prior code § 3-9-6)

No person shall possess, consume or sell any beer, wine or other alcoholic beverage in any park unless such consumption, possession or sale is allowed pursuant to a permit issued by the city council as provided in Section 12.32.070.

(Prior code § 3-9-7)

Persons and groups desiring to possess, consume or sell alcoholic beverages in parks must obtain a permit authorizing such possession, consumption or sale from the city council. Applications shall be acted upon by the city council at the next regularly scheduled council meeting is submitted at least four days prior to the meeting. The city council may issue such permit when the applicant has demonstrated to its satisfaction that adequate measures will be taken to assure that persons possessing, consuming or selling such alcoholic beverages will do so in such manner that will not disturb other persons using the park or the surrounding neighborhood and, further, that the persons or groups possessing, consuming or selling alcoholic beverages will leave the park in a clean and litter-free condition. The council will not issue a permit for the sale of alcoholic beverages until the applicant obtains an alcoholic beverage consumption permit for sale.

(Amended during 1989 codification; prior code § 3-9-8)

Power-driven and mechanical rides or other such devices not furnished by the city are prohibited in the parks unless permitted by the city council.

(Prior code § 3-9-9)

(Ord. No. 703, § 1, 1-19-2018)

A. For purposes of this section, the following terms shall have the meanings as set forth herein:

1. "Designated area" shall mean the portion of public property designated by the city council for the use of roller skates, in-line skates and/or skateboards.

2. "Roller skate" or "In-line skate" means any shoe, boot or other footwear to which one or more wheels are attached and includes roller blades and scooters/razors. "Roller skating" or "In-line skating" or their derivatives when used as a verb, shall include operating, driving, riding, propelling or otherwise using roller skates or, respectively, in-line skates.

3. "Skateboard" shall be defined as any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it and to which there is not affixed any seat or any other device or mechanism to turn and control the wheels. "Skateboarding" or its derivatives when used as a verb shall include operating, driving, riding, propelling, or otherwise using a skateboard.

B. The city council, may from time to time designate areas for the use of roller skates, in-line skates and/or skateboards. Such areas shall be designated by resolution of the city council and posted with signs explaining the regulations in subsection C below.

C. The following regulations shall apply within the designated skateboarding areas:

1. No person shall skate or skateboard at times other than those established as the hours of operation. The hours of operations shall be seven a.m. until ten p.m.;

2. No person shall use the skateboarding areas for uses other than for skateboarding and in-line skating;

3. No person shall use the designated skateboarding areas unless they wear proper safety equipment including a helmet, elbow pads, and knee pads as provided in California Health and Safety Code section 115800;

4. No person shall ride or cause bicycles to be ridden on the skating surface of the designated area;

5. No person shall use alcohol, drugs or tobacco in the designated area;

6. All persons using the designated area must place trash in cans provided by the city;

7. No person shall cause graffiti or tagging in or on the designated areas;

8. No person shall skate on the curbs or driveways of the city-owned areas surrounding the designated areas;

9. Any city employee shall be authorized to close designated area at any time if misused and becomes a nuisance to the community.

D. Failure to comply with any provision in this section shall result in immediate removal from the designated area. A violation of any section in this chapter is deemed to be an infraction and is punishable as such according to the provisions of this code and state law.

(Ord. 540 § 1, 2002)

The director may reserve those areas and facilities of each park as designated by the city council by resolution, as provided for in Section 12.32.030, which use may be restricted to persons or groups who have obtained a facility use permit from such director.

(Prior code § 3-9-10)

A. Persons may apply for a facility use permit when:

1. The event or activity is open to the general public; or

2. The event or activity requires amplified speech, amplified music or any other permit or special approval.

B. Applications shall be filed with the director not less than one day nor more than one hundred twenty days prior to the proposed event, activity or use of the park. The action of the director may be appealed to the city council as provided in this chapter.

(Prior code § 3-9-11)

The application referred to in Section 12.32.100 shall contain the following:

A. Names, addresses and telephone numbers of the applicant, the sponsoring organization and person in charge of the proposed activity or event;

B. The names, addresses and telephone numbers of all officers, if the applicant is an organized group;

C. The name of the park and the area or areas therein being applied for;

D. The date or dates and starting and finishing times of the activity or event;

E. An estimate of the minimum and maximum numbers of customers, spectators, participants and other persons expected to attend the activity or event;

F. A description of any program, plans and ability to supply security protection, to provide order, food, medical and first aid;

G. Additional facility or personnel requested;

H. The nature of the proposed activity or event, including equipment to be brought into the park, nature and duration of the use of such equipment, nature and duration of the use of any amplified sound intended to be used, whether speech or music;

I. Whether any fundraising is to be accomplished;

J. Whether food or drink is proposed to be sold;

K. Whether the event is open to the public;

L. Whether the event is of a political or religious nature;

M. Such other information pertinent to the proposed use of the park as any officer of the city finds necessary and requires in order to determine whether or not the permit should be granted, and, if granted, the conditions of such permit.

(Prior code § 3-9-12)

A. The director shall grant, grant with conditions, or deny the application in a timely manner. The decision shall be in writing and shall be mailed to the applicant to the address shown on the application or delivered personally.

B. The director shall grant the application when it complies with all provisions of this chapter and with standards, guidelines and rules and regulations applicable to the parks, and upon granting such permit may impose reasonable requirements and conditions concerning the use of the park or area by the applicant consistent with all applicable laws and regulations.

C. Qualified persons or groups shall be assigned to appropriate areas by the director and shall be thereupon entitled to the use of the designated area for the day and hour specified or until such area is abandoned by such group during such day. Such use shall be conditioned upon attaining and complying with all the permits and regulations applicable to such area by the applicant and may be summarily revoked by the director upon any substantial violation thereof.

D. The director may grant the application for a park or area other than that applied for in the event that a permit has already been issued for the park or area, or if the requested area does not meet the needs of the applicant, or is otherwise unsuitable. In the event that more than one application is received for one park or area for use on the same day, the director shall first act upon the application first received.

(Prior code § 3-9-13)

The director shall deny the application if he finds that any of the following conditions exist:

A. Whenever the requested park, area or facility is being used or is reserved at the same time as applied for;

B. When the application reveals that the city has no park which will accommodate the activity or event of applicant pursuant to the standards and guidelines contained in the resolution adopted by the city council or exhibit made a part thereof;

C. That the proposed activity or event is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the areas as to hinder police protection of the city;

D. When the applicant refuses to agree in writing to comply with all conditions and requirements of this chapter, with all regulations adopted pursuant thereto, and with all applicable laws;

E. When the applicant fails to file a timely application;

F. When the applicant fails to tender the full amount of any required fee or deposit;

G. When required insurance policy or certificate of such insurance coverages is not provided;

H. When the event is for the purpose of advertising or for the sale of products or services for private profit;

I. When the event is primarily a political or religious event; provided, that a political or religious event may be held in a community park, if such event is not a continuous event, and all conditions of this chapter, and all provisions of law are complied with.

(Prior code § 3-9-14)

A. Before an application for a facility use permit is approved, proof of insurance specified hereinbelow shall be submitted to the director in the following cases:

1. Where the activity is open to the general public or is a fundraising activity or event;

2. Where the maximum or minimum number of persons expected exceeds one hundred persons;

3. When amplified music is planned.

B. In such cases, each permittee shall keep and hold harmless the city from any and all claims, demands, causes of action, which may be asserted, maintained or established against the city and/or any of its officers, agents or employees, for death, personal injury, or property damage suffered or claimed to have been suffered by any person arising out of the use of the park. No permit shall be issued unless the permittee as an insured has procured and unless he agrees to maintain in full force and effect during the period of use covered by his permit, a policy or policies of public liability and property damage insurance naming the city as a co-insured.

C. Coverage Amounts.

1. The policy or policies shall cover the following hazards in the following minimum amounts:

a. Bodily injury or death liability: one hundred thousand dollars each person, three hundred thousand dollars each occurrence;

b. Property damage liability: fifty thousand dollars.

2. Unless the policy or policies of insurance are maintained in full force and effect, a permittee shall have no rights or privileges under such a permit. Such policy or policies shall be issued by a company authorized in this state to issue such policies. Permittee shall submit a certificate of proof concerning his insurance coverage to the director.

D. The director may also require a bond and/or deposits, if deemed necessary.

(Prior code § 3-9-15)

A. Notwithstanding any provision contained in this chapter, it is unlawful for any person to use or operate in any park any sound equipment, public address system, loudspeaker or other machine or device for the purpose of projecting or transmitting amplified music as defined in Section 12.32.020 without first obtaining an exclusive use permit and amplified music permit. When amplified music is planned, the event is considered open to the public and insurance will be required. A permit for amplified music in a community park may be obtained by filing an application with the director and payment of any required fees therefor.

B. When the required permits are obtained, amplified music may be allowed only in a community park and only between the hours of three p.m. and sunset on weekdays and between nine a.m. and sunset on Saturday, Sunday and holidays.

C. The volume of sound for amplified music shall be controlled so that it will not be audible for a distance in excess of one hundred fifty feet from the exterior boundaries of the community park or the reserved area in which the equipment is operated and it is unlawful for any person in control of such equipment to permit or cause a violation of the limitation.

D. Permits for amplified music shall not be issued when another event has been scheduled in the same park and during the same hours that the equipment is proposed to be operated.

(Prior code § 3-9-16)

A. Notwithstanding the provisions contained in this chapter, no sound amplification system projecting or transmitting amplified speech, as defined in Section 12.32.020 shall be permitted to be used in any park without an exclusive use permit and amplified speech permit. A permit for amplified speech may be obtained by filing an application with the director and payment of any required fees therefor.

B. Amplified speech shall not be audible beyond the boundaries of the area of the park where sound equipment is being operated. At all times the operator shall keep the sound level at a reasonable level to avoid disturbing other people using the park. Operation of the equipment is prohibited entirely between the hours of nine p.m. and nine a.m.

(Prior code § 3-9-17)

Any person applying for an amplified music or speech permit in a city park shall file an application for such permit with the director on a form furnished by the city. Such application, fully completed and signed, may be filed at the same time or after the applicant has filed for a facility use permit, but not less than one nor more than one hundred twenty days prior to the proposed use of the equipment.

(Prior code § 3-9-18)

The application shall contain the following:

A. Names, addresses and telephone numbers of the applicant, the sponsoring organization, and the person in charge of the proposed activity or event;

B. The name of the park and the area or areas therein being applied for;

C. The date and starting and finishing time of the amplified music or speech;

D. The nature of the proposed activity;

E. An estimate of the minimum and maximum number of customers, spectators or participants expected to attend;

F. Sound-producing power, state the following:

1. The wattage to be used;

2. The maximum distance for which music will be heard from the sound equipment.

G. Such other information pertinent to the proposed use of the sound equipment, as an officer of the city finds necessary and requires in order to determine whether or not the permit should be granted, and if granted, the conditions of such permit.

(Prior code § 3-9-19)

A. The director shall review the application with the chief of police and shall approve, approve with conditions, or deny the application in a timely manner.

B. The director may grant the permit when the applicant has furnished the necessary permits and insurance, as required by this chapter.

(Prior code § 3-9-20)

Events or activities sponsored by the city may use amplified speech or music in any city park.

(Prior code § 3-9-21)

A. The director is authorized to summarily revoke any such sound equipment permit whenever he reasonably determines that the sound is in excess of that permitted. Amplified music or speech shall not be obscene or slanderous or invite obscene conduct from spectators. It is unlawful to amplify any music or speech after any person in the group is notified of revocation of permit.

B. Any permit issued by the director of public works may be revoked by him upon a finding that the permittee has or is substantially violating a condition of the permit.

(Prior code § 3-9-22)

Only charitable or nonprofit organizations are permitted to conduct sales, collect fees or otherwise solicit funds in city parks and then only under the following conditions:

A. An exclusive use permit is granted and a city business license is obtained; the business license fee may be waived by the city council;

B. Fundraising events must also be approved by the director;

C. Sale of food; drink or clothing must also be approved by the Kern County health department. A form will be furnished by the city and it will be the applicant's responsibility to attain health department approval.

(Prior code § 3-9-24)

A. The decision of the director on any application filed under this chapter may be appealed to the city council.

B. The applicant must file the appeal with the city clerk within five days of the mailing or delivery of such decision.

C. The city council shall hold a hearing within fourteen days of the filing of the appeal with the city clerk, at which hearing the applicant may present any evidence, testimony and information relevant to the application.

D. The decision of the city council shall be final and conclusive. The city council shall specify grounds for denial or the imposition of conditions.

(Prior code § 3-9-23)

The public works director shall direct the administration of parks, and it shall be his duty to:

A. Develop, maintain and operate the parks and facilities of the city;

B. Issue exclusive use permits for the use of the parks, softball diamonds or other facilities and enforce the provisions of this chapter, the resolutions of the city council and other applicable regulations;

C. Promulgate rules and regulations in the form of an operations manual for the daily operation of the parks and facilities therein, consistent with the provisions of this chapter and resolutions of the city council. Such regulations shall have the force of law and any violation thereof shall constitute a misdemeanor punishable in the same manner as a violation of a provision of this chapter.

(Prior code § 3-9-4)

Any person violating any of the provisions of this chapter or refusing to comply with the rules, regulations and permits authorized under this chapter, is guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed three hundred dollars or by imprisonment in the county jail for a period not to exceed ninety days or by both such fine and imprisonment.

(Prior code § 3-9-25)