Tehachapi Municipal Code Ch. 12.09 Public Parks

The city council has determined that it is in the best interests of the city and of the citizens and the public thereof that reasonable regulations for the operations and permitted and unpermitted uses and activities at public parks within the city be articulated and established. This chapter is adopted for the purpose of developing and providing such regulations.

(Ord. No. 22-03-768, § 4, 1-18-2022)

Any person who remains in any city park between the hours of ten p.m. and six a.m. of the following day, except for organized activities approved by the administrative manager, is guilty of a misdemeanor. No vehicle may remain parked in any city park parking area past the posted hours set forth in this section or said vehicle shall be removed pursuant to California Vehicle Code Section 22651 subdivision (n).

(Ord. No. 22-03-768, § 4, 1-18-2022)

A. Any person desiring privileges to hold, conduct, or gather for an organized run/walk, street festival, parade/procession/march, festival/celebration, cycling event, neighborhood block party, or other special event at a city park shall first apply for and receive a special use/event permit in writing from the city. As applicable, Chapter 10.08 on parades and other assemblies may also apply or alternatively apply for special events.

(Ord. No. 22-03-768, § 4, 1-18-2022)

The following regulations are applicable in all city parks.

A. No person shall enter, be, or remain in any park while purchasing, selling, giving away, or consuming an alcoholic beverage.

B. No person shall enter, be, or remain in any park while in possession of, or exercising control over, an open or uncovered container of an alcoholic beverage.

C. No person shall consume or be in possession of alcoholic beverages unless such consumption or possession is permitted upon the issuance of a permit by the city, which shall specify and be valid only for a particular date, time, and designated area.

D. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, and which is fit or used for beverage purposes either alone or when diluted, mixed, or combined with other substances.

E. The city council may issue permits or approve facility reservation applications for alcohol consumption or possession in designated areas.

F. To enter, be or remain in any park while in possession of, or exercising control over, transporting, purchasing, selling, giving away or consuming any narcotic or dangerous drug.

(Ord. No. 22-03-768, § 4, 1-18-2022)

The following activities are prohibited in all city parks.

A. To possess, carry, or discharge any firearms, firecrackers, rockets, explosives, air gun, bow and arrow, or slingshot.

B. To throw, project, or propel upon, along or across any park, public highway, or driveway within a park any motorized airplane, rocket projectile, or similar device capable of causing personal injury or damage to personal property.

(Ord. No. 22-03-768, § 4, 1-18-2022)

The following activities are prohibited in all city parks.

A. To play or engage in any hazardous or dangerous game, sport, or contest, except at such place as shall be especially set apart for that purpose.

B. To swim, bathe, or pollute, or place any boat or any floating object in the water of any fountain, pond, lake, stream, or flood control channel unless specifically constructed and supervised for that purpose.

C. To drive, hit, or putt any golf ball or similar object by use of a golf club or similar instrument in any city park or upon any parkway or trail.

D. To take part in a baseball or softball activity other than in designated ballfields is prohibited.

E. To make or kindle a fire for any purpose except at such places as are provided for such purpose.

F. The provisions of this section may be waived for activities of a special recreational nature authorized and/or supervised by the administrative manager.

(Ord. No. 22-03-768, § 4, 1-18-2022)

The following activities are prohibited in all city parks.

A. To cut, break, deface or injure any building, monument, sign, fence, bench, equipment, or city property.

B. To throw, discard, place, or dispose of any garbage or refuse in any place other than a garbage can or other receptacle maintained for that purpose.

C. To disturb the peace and quiet by any undue, loud, or unusual noise.

D. Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.

E. Indulge in any riotous or offensive conduct as defined in Penal Code § 415 or use vulgar or obscene language as defined in Penal Code § 311.

(Ord. No. 22-03-768, § 4, 1-18-2022)

The following activities are prohibited in all city parks.

A. The riding of any bicycle, skateboard, or motorized vehicles other than on the roads or drives provided for such purpose except in designated facilities and areas specially designed for such purpose.

B. To drive or park any vehicle on turfed or planted area adjacent to roadways.

C. To park, leave standing, or cause to be parked or left standing any vehicle in any place in a public park other than in areas designated as parking.

(Ord. No. 22-03-768, § 4, 1-18-2022)

The following is prohibited within any city park:

A. To willfully lead or let loose any animal within any city park that is not specifically designated as a dog park by the city, is prohibited. Dogs or cats when led by a leash or chain not more than six feet long and under full control of its owner or custodian shall be permitted.

B. To permit any dog to defecate upon the public property in any city park is prohibited unless the person owning, keeping, or having said animal in his/her custody or care immediately removes the feces and properly disposes of the wastes. Visually handicapped persons who use "seeing eye" guide dogs shall not be required to comply with the provisions of this section.

C. To lead, ride, or drive any horse, mule, or other hoofed animal in any city park, parkway, or biked trail except upon specifically designated equestrian trails.

D. To wound, kill, or catch or attempt to wound, kill, or catch any bird, fowl, fish, or other animal.

(Ord. No. 22-03-768, § 4, 1-18-2022)

It is unlawful to make campfires in any places other than in areas provided by the administrative manager.

(Ord. No. 22-03-768, § 4, 1-18-2022)

It is prohibited to damage, cut, carve, transplant, or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant or to pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof; or cut or remove any wood, turf, grass, soil, rock, sand, or gravel. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area. This prohibition is in addition to other similar prohibitions under this code, including Section 12.08.170 or other applicable law.

(Ord. No. 22-03-768, § 4, 1-18-2022)

It is unlawful for any person to use, maintain, or operate the following devices within any city park:

A. Dunk tanks, booths, or machines which generally consists of a large tank of water over which a seat is suspended.

B. Inflatable recreational structures including, without limitation, inflatable, interactive structures, or equipment commonly used for jumping, bouncing, sliding, riding or as an apparatus for sports and recreational activities.

C. Other, similar, temporary attractions including, without limitation, structures containing live animals, climbing walls, slides, and petting zoos.

D. The administrative manager, or designee, may allow the use of the devices otherwise prohibited by this section by permit or for city purposes including, without limitation, the city's own recreation programming.

(Ord. No. 22-03-768, § 4, 1-18-2022)

Any person who fails, refuses, or neglects to comply with any lawful order of a police officer or a code enforcement officer or other authorized enforcement official under this code in the enforcement of any provisions of this chapter is guilty of a misdemeanor. Any violations of the prohibitions in this chapter are subject to the general penalties and other enforcement procedures provided in Chapters 1.16 and 1.20. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to obtain compliance with this section.

(Ord. No. 22-03-768, § 4, 1-18-2022)