Suisun City Municipal Code Ch. 12.12 Park and Recreation Facilities

Footnotes:

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Editor's note— Ord. No. 802, § 2(Att. 1), adopted Aug. 8, 2023, amended Ch. 12.12 in its entirety to read as herein set out. Former Ch. 12.12, §§ 12.12.005, 12.12.010, 12.12.012, 12.12.014, and 12.12.020—12.12.090, pertained to similar subject matter, and derived from Ord. No. 377 §§ 1, 2(a)—2(f), adopted in 1974; Ord. No. 678, adopted in 2004; Ord. No. 679, adopted in 2004; Ord. No. 680, adopted in 2004; Ord. No. 730, § 1, adopted Feb. 3, 2015; Ord. No. 744, § 2, adopted Apr. 4, 2017; and Ord. No. 749, § 2, adopted Feb. 15, 2018.

The following words and phrases shall have the following meanings, unless the context clearly indicates otherwise:

"Cigar" shall mean any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, but shall not include any roll of tobacco wrapped in any substance which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is a cigarette.

"Cigarette" shall mean any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (2) tobacco, in any form, that is functional in the product, which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in this section. "Cigarette" also includes "roll-your-own" tobacco, meaning any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette."

"City manager" shall have the same meaning as Chapter 2.08, and shall include their designee.

"City park" or "recreational area" shall mean any areas so designated by resolution of the city council.

"Director" shall mean the city's recreation, parks, and marina director, and shall include their designee.

"Electronic smoking device" shall mean an electronic device which can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. Electronic smoking devices include, but may not be limited to, electronic cigarettes, hookahs, and electronic cigars or pipes. "Electronic smoking device" shall also include the solution or product used to fill the tank and that is inhaled by the person using the device.

"Organized sport" shall mean a team sport athletic contest, such as, but not limited to, soccer, baseball, softball, football, basketball, or volleyball, engaged in by an organized sports team. Organized sports shall not include persons or groups who participate in an impromptu game that is unaffiliated with any team or league, such as a game conducted in connection with a bona fide group picnic or barbecue when such game is clearly incidental to such picnic or barbecue.

"Organized sports team" shall mean an organized team, league, or group whose primary purpose is organize competitive sporting events, formally or informally, and shall include teams from organizations such as companies, schools, nonprofits, etc.

"Smoke" or "smoking" shall mean inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor (commonly referred to as "vaping"), in any manner or in any form, or the use of any device for the purpose of circumventing the prohibition of smoking.

"Tobacco product" shall mean any of the following:

a. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

b. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

c. Any component, part, or accessory of a tobacco product, whether or not sold separately.

"Tobacco paraphernalia" shall mean cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products.

(Ord. No. 802, § 2(Att. 1), 8-8-2023)

It is unlawful for any person to loiter at any time in any city park between the hours of 7:00 p.m. and 7:00 a.m. from November 1 through March 31 of each year, and from 9:00 p.m. to 7:00 a.m. from April 1 through October 31 of each year unless prior written permission has been obtained from the city manager.

(Ord. No. 802, § 2(Att. 1), 8-8-2023)

A. The exclusive use of part or all of a park or recreation facility requires a permit, to be issued by the director.

B. No permit shall be required for events that are sponsored or co-sponsored by the city.

C. All organized sports shall require a permit.

D. All permits are subject to permit fees, as determined by city council resolution.

(Ord. No. 802, § 2(Att. 1), 8-8-2023)

Any city park or recreation area or any section(s) of any city park or recreation facility may be declared closed to the public for the purpose of protecting the public health, safety, and/or welfare by the city manager or by the director, with notification given to city council of any such action, at any time and for any interval of time, either temporarily or at regular and stated intervals and either entirely or merely to certain areas, as may necessary.

(Ord. No. 802, § 2(Att. 1), 8-8-2023)

A. Vandalism. No person in a park or recreation area shall mark, deface, disfigure, injure, tamper with, or displace or remove any part of any structure, vegetation, table, bench, railing, fixtures, water line or other utility.

B. Littering. No person in a park or recreation area shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, refuse, or trash anywhere other than in designated receptacles. Where such receptacles are not provided, all such waste or recycling shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.

C. Animals. No person in a park or recreation facility shall permit any dog, cat, fowl, or other animal under their control to enter such park or recreational area unless leashed or restrained in some manner. This prohibition shall not apply to dogs in designated dog parks.

D. Golf. No person in a park or recreation area shall practice or otherwise engage in the game of golf within the confines of any park or recreational area.

E. Motorized vehicles. No person in a park or recreation area shall drive any motorized vehicle including, but not limited to, automobiles, trucks, motorcycles, motor scooters, motor bikes and any other self-propelled vehicle on any area except paved roads or parking areas, or such areas as may be specifically designated by the director.

F. Horseback riding. No person shall ride any horse or other animal within the park or recreation area unless prior written permission has been obtained from the director.

G. Smoking.

1. No person shall smoke a cigarette, cigar, pipe, electronic smoking device, or any other combustible substance within a city park or recreational area except in a designated area, or dispose of a lighted or unlighted cigarette, cigar, pipe, or any other combustible substance or tobacco-related waste within a park, marina waters or recreational facility, except in an ashtray or other device designated for such disposal.

2. Tot lot sandbox areas or playgrounds as defined in California Health and Safety Code Section 104495, shall remain governed by said Section 104495 as well as by this section.

3. Any person who violates this section is guilty of an infraction, in accordance with Chapter 1.08. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 104495, as well as Section 13002, Section 374.4 of the Penal Code, or any other provision of state law.

H. Alcohol. No open containers or consumption of alcoholic beverages is permitted, other than as may be permitted pursuant to a special event permit, city sponsored event, or city co-sponsored event.

(Ord. No. 802, § 2(Att. 1), 8-8-2023; Ord. No. 808, § 12, 12-5-2023)