Soledad Municipal Code Ch. 12.12 Public Parks

Footnotes:

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Editor's note— Ord. No. 667, § 2, adopted November 4, 2009, in effect repealed the former Chapter 12.12 §§ 12.12.010—12.12.040, and enacted a new Chapter 12.12 as set out herein. The former Chapter 12.12 pertained to similar subject matter and derived from prior code §§ 19-1—19-3.

It is the purpose of the city council in the adoption of these regulations to afford the residents of the city the fullest possible use of recreation facilities within the city. By the adoption of these regulations, the city council proposes to protect the facilities which the residents of the city have established and assure that all will have an equal opportunity to use these facilities.

(Ord. No. 667, § 2, 11-4-09)

The city council, by ordinance or resolution, may determine the hours during which public parks in the city are open for use by the public. Signs stating the hours during which each park is open shall be posted at all entrances to the park. Such ordinance or resolution may include provisions for the granting of permits for park special events at other than regular hours.

(Ord. No. 667, § 2, 11-4-09)

When signs are in place giving notice of the closing hour and the opening hour of a public park, it is unlawful for any person to remain in the park at any time between the time posted for closing and the time posted for opening of any park, except when attending a special event in progress for which a permit has been obtained as provided in Section 12.12.010.

(Ord. No. 667, § 2, 11-4-09)

No person shall take into or possess in any public park or playground within the city and glass beverage container.

(Ord. No. 667, § 2, 11-4-09)

Except as otherwise expressly provided in this section, no person shall consume any alcoholic beverage, as defined in Business and Professions Code Section 23004, in or upon any park or adjacent parking lot or right of way, provided, however, that it shall not be a violation of this section to consume alcoholic beverages:

A. At special event gatherings in any park in accordance with a permit issued pursuant to the requirements established by the provisions of this code.

B. At a city sponsored performing or cultural event at which the sale or service of alcohol beverages has been authorized.

For purposes of this section, the act of "consuming" or "consumption" may be determined by the following in addition to any reasonable indicia of consumption: The act or appearance of drinking or ingesting any intoxicating or any controlled substance based upon a totality of circumstances, including but not limited to, any observations by a peace officer or any other person reporting the offense; the offender's appearance of drinking or ingesting any intoxicating or controlled substance; any statements or admission to drinking or ingesting any intoxicating or controlled substance by the offender; any smells or odors emanating from the offender's person; any results of any chemical test which measures the alcohol or intoxicating substance content of the offender; any other objective symptom of intoxication or use of an intoxicating or controlled substance; or the presence of open containers or instruments used to administer or ingest any intoxicating or controlled substance.

(Ord. No. 667, § 2, 11-4-09)

It shall be unlawful for any person to receive, directly or indirectly, anything of value, or to bet or wager anything of value, on any card or tile game in any public park or playground within the city. For purposes of this section, "anything of value" means money, coin, currency, check, chip, allowance, token, credit, merchandise, property or any representation of value.

(Ord. No. 667, § 2, 11-4-09)

It is unlawful for any person to engage in or have the purpose of engaging in threatening, abusive or insulting language, disorderly conduct, or lewd and lascivious acts tending to a breach of the public peace and enjoyment of park and recreation areas.

(Ord. No. 667, § 2, 11-4-09)

It is unlawful for any person to urinate in public, other than when using a toilet, urinal or commode located in a restroom, bathroom or other structure enclosed from public view. This provision shall not apply to the following individuals who may not be able to adequately control the bodily functions that control urination: (1) children five years of age or younger; and (2) persons of any age who violate this section due to a verified medical condition.

(Ord. No. 667, § 2, 11-4-09)

Violation of any provision of this chapter constitutes an infraction. Each such infraction is punishable by a fine not to exceed two hundred fifty dollars. The city manager and his/her subordinates also shall have the authority to eject from park and recreation areas any person acting in violation of these rules and regulations upon notice and warning. Failure of such person to leave the property or facility managed or belonging to the city upon being requested to do so by a duly authorized employee of the city for violation of any of these regulations shall be a further violation of these regulations.

(Ord. No. 667, § 2, 11-4-09)