Temple City Municipal Code Art. D Park Activities

No person shall swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the director upon a finding that such use of the water would be dangerous or, otherwise inadvisable. (Ord. 05-899)

No person shall frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the director for such purposes for each individual area. (Ord. 05-899)

No person shall be so attired in a bathing suit as to allow for the indecent exposure of such person. (Ord. 05-899)

No person shall disrobe for the purpose of changing clothes either in the park, in any vehicle, toilet or other place, except in such structures as may be provided for that purpose. (Ord. 05-899)

No person shall hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings, swords, knives, or other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device except such activities as shall be approved in writing by the director or by the Temple City department of parks and recreation. Shooting into park areas from beyond park boundaries is forbidden. (Ord. 05-899)

Use of picnic areas shall be subject to the following conditions and provisions:

A. All persons shall picnic or lunch only in those areas designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end;

B. Use of the individual fireplace together with tables and benches follows generally the rule of "first come, first served", subject to the exception that the tables in accordance with such rules of practice as said department shall adopt, but which rules shall be subject to such change, addition or modification as the city council shall by resolution adopt;

C. No person shall use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded;

D. No person shall leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. (Ord. 05-899)

No person shall set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as house trailer, camp trailer, camp wagon or the like except upon the written approval of the director. (Ord. 05-899)

No person shall take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and quoits, or games that may cause damage to the facilities, is prohibited except on the fields and courts or areas provided thereof. (Ord. 05-899)

No person shall ride a horse within the park area except upon written approval of the director. (Ord. 05-899)

No person in a park or civic center shall, except as express written permission is granted by the parks and recreation commission:

A. Have brought alcoholic beverages nor shall any person drink alcoholic beverages at any time in the park (except as provided for in section 4-4-0 of this code);

B. Have entered or be under the influence of intoxicating liquor or narcotics, both as defined by the Penal Code of the state of California;

C. Brought, or have in his possession or set off or otherwise cause to explode or discharge or burn, any firecrackers, torpedo, rocket or other fireworks or explosives of inflammable material or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any substance compound, mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints; (Ord. 05-899)

D. Have been responsible for the entry of a dog or other domestic animal into a city park except for dogs under the circumstances as provided for in section 3-5D-11 of this article; (Ord. 14-995)

E. Occupy any seat or bench, or enter into or loiter or remain in any pavilion or other park structure or section thereof which may be reserved and designated for the use of the opposite sex. Exception is made for children under six (6) years of age;

F. Appear at any place in other than proper clothing;

G. Solicit alms or contributions for any purpose whether public or private except that the department of parks and recreation may in writing approve "passing the hat" at Little League baseball games and such other solicitation as the department may deem worthwhile;

H. Building or attempt to build a fire except in such areas and under such regulations as may be designated by the director. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any highway, road or street abutting or contiguous thereto;

I. Enter an area posted as "Closed To The Public" nor shall any person use, or abet the use of any area in violation of posted notices;

J. Gamble or participate in or abet any game of chance;

K. Engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace;

L. Fail to produce and exhibit any permit from the director he claims to have, upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule;

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

N. No person shall ride wheeled toys in a park, civic center or in adjacent parking lots;

O. No person shall operate a remote control vehicle in a park;

P. No person shall have brought in, procured or be responsible for carnival type attractions including moon bounces or similar type attractions; (Ord. 05-899)

Q. Smoke and/or possess a lighted tobacco product, including, but not limited to, cigars, cigarettes, and any electronic smoking device. (Ord. 14-994)

No person in a park shall:

A. (Reserved)

B. Announce, advertise or call the public attention in any way to any article of service for sale or hire, except as express written permission is granted therefor by the parks and recreation commission to further any charitable or worthy cause;

C. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park, except as express written permission is granted therefor by the parks and recreation commission to further any charitable or worthy cause. (Ord. 05-899; Ord. 19-1035)

A. Dogs are prohibited in the following areas of the parks:

• 1. Building interiors, patios, and covered walkways immediately adjacent thereto;
• 2. Performing arts pavilion;
• 3. Playgrounds;
• 4. Picnic shelters;
• 5. Tennis courts;
• 6. Basketball courts;
• 7. Athletic fields;
• 8. Baseball/softball fields;
• 9. Bleachers; and
• 10. Areas temporarily designated by the director during special events.

B. Dogs are permitted in passive grass areas and walkways of the parks, not included in subsection A of this section, or in areas designated from time to time by the director. The following requirements shall be adhered to by the person(s) responsible for the dog:

1. Dogs must be securely restrained by a leash no longer than six feet (6') of sufficient strength, and under the full care, custody and proper control of a competent and capable person. Dogs shall not be left unattended at any time.

2. Persons responsible for the dog shall immediately remove and properly dispose of any dog waste.

3. The presence of a dog shall constitute implied consent of the dog's owner or any person responsible for the dog, to strictly follow the rules of this section and shall constitute a waiver of liability to the city, its elected officials, officers and employees, and assumption of all risks, and an agreement and undertaking to protect, and indemnify, defend and hold harmless the city, its elected officials, officers and employees, for any injury or damage to persons or property during any time that the dog is in the park or civic center.

C. Dogs controlled by law enforcement and legitimate service dogs and guide dogs are exempt from the prohibitions in subsection A of this section.

D. Any person who violates any provision of this section is guilty of an infraction pursuant to section 1-2-0-2 of this code and may be subject to a penalty of one hundred dollars ($100.00) for the first offense and two hundred dollars ($200.00) for the second offense; subsequent violations shall be deemed "misdemeanors" and are subject to a penalty of five hundred dollars ($500.00). (Ord. 14-995)

ARTICLE E. OPERATIONS POLICY

SECTION:

Except for unusual and unforeseen emergencies or specific holidays designated by the director, parks shall be open to the public every day of the year during designated hours. The opening and closing of each individual park shall be posted therein for public information.

Notwithstanding any other provisions of this code, all municipally owned parks and recreation areas of the city shall be closed between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. The parks and recreation director of the city may, from time to time, authorize in writing group recreational activities to continue after ten o'clock (10:00) P.M. (Ord. 05-899)

Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the director shall find reasonably necessary. (Ord. 05-899)

A. All organized and/or scheduled use of park facilities require that an application for said use shall be filed with the parks and recreation department. Reserved use of city athletic fields shall be limited to organizations and groups with fifty one percent (51%) or more of Temple City residents as verified by membership rolls and/or team rosters.

A person seeking issuance of a permit hereunder shall file an application with the appropriate director. The application shall state:

1. The name and address of the applicant;

2. The name and address of the person, persons, corporation or association sponsoring the activity, if any;

• 3. The day and hours for which permit is desired;
• 4. The park or portion thereof for which such permit is desired;
• 5. An estimate of the anticipated attendance;

6. Any other information, which the director shall find reasonably necessary to a fair determination, as to whether a permit should be issued hereunder;

B. The director shall issue a permit hereunder when he finds:

1. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

3. That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;

4. That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city;

5. That the facilities desired have not been reserved for other use at the day and hour required in the application;

C. A fee shall be paid in such amount as shall be set by the city council in a resolution adopted by the city council at a regular meeting;

D. Within twenty (20) days after receipt of an application the director shall apprise an applicant in writing his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within ten (10) days to the parks and recreation commission, which shall consider the application. Any aggrieved person shall have the right to appeal a parks and recreation commission decision in writing within ten (10) days to the city council. The decision of the city council shall be final;

E. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits;

F. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued;

G. The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown. (Ord. 05-899)

The parks and recreation director is hereby authorized to provide on an as available basis storage for private personal property belonging to permittee groups used in connection with use of park facilities, but any personal property so stored shall be without liability of the city for any loss or damage which may occur. (Ord. 05-899)

The director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. (Ord. 05-899)

The director and any park attendant shall have the authority to eject from the park any person acting in violation of this chapter. (Ord. 05-899)

The director and any park attendant shall have the authority to seize and confiscate any property, thing or device in the park or used in violation of this chapter. (Ord. 05-899)

No person shall enter or remain in any public park or recreation area within the city at anytime between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M., except as authorized by the parks and recreation director under section 3-5E-0 of this article. No person shall loiter outside of a recreation center while an activity is conducted therein as to which such person is not eligible to participate. (Ord. 05-899)

All persons entering a city park, playground, building, facility, court, water area or sports field shall adhere to all rules and regulations, whether posted or not, governing the use of said area, and such supplementary regulations as may be issued subsequently by the director. The first violation by any person of any rule or regulation shall be deemed an infraction; and subsequent violation shall be deemed a misdemeanor punishable in the manner provided in this code. (Ord. 05-899)

A. Permission to be within the limits of any park or to use any facilities, is conditioned on persons complying with all applicable provisions of this Chapter or any other laws, ordinances, rules, or regulations applicable to the City's parks. A violation of any provision of this Chapter or of any order, rule, or regulation authorized by this Chapter, or of any other applicable law, ordinance, rule, or regulation will result in the person in violation thereof being a trespasser, and the Director, an attendant, or any peace and/or code enforcement officer ("Enforcement Official"), may remove or exclude the person from a park in accordance with this Section in addition to any other remedy or penalty.

B. Nothing in this section will be construed to authorize the removal or exclusion of any person lawfully engaged in any constitutionally protected activity. However, a person lawfully exercising these protected rights but who commits an act that is not protected can be subject to removal or exclusion.

1. For the purposes of this section, removal is an order given by the Enforcement Official, directing a person to immediately leave a park and not return for the remainder of the day.

2. For the purposes of this section, exclusion is an order given by the Enforcement Official, directing a person to immediately leave a park and not return for the period of days specified in this section.

3. Before issuing an exclusion order, the person will be given a verbal or written warning describing the conduct giving rise to the exclusion and a reasonable opportunity to stop the conduct. An exclusion order will not be issued if the person promptly complies with the direction and stops the conduct. A warning is not required before issuing an exclusion order where the behavior, conduct, or activity constitutes one or more of the following:

a. A felony or misdemeanor;

b. Obscene, violent, riotous conduct, hunting and/or possession of weapons in violation of 3-5B-7 and/or 3-5D-4, hitching of animals, feeding animals, pollution of waters, dumping of refuse and trash in violation of 3-5B estimated to cost one thousand dollars ($1,000) or more to clean up; and possession or setting off of firecrackers, torpedoes, rockets or other fireworks or explosives of inflammable material in violation of 3-5D-9;

c. Lighting or maintaining a fire in any park;

d. Conduct resulting in property damage estimated to be one thousand dollars ($1,000) or more;

e. Dangerous or threatening behavior. Behavior is dangerous or threatening if a reasonable person exposed to or experiencing such behavior could believe that the person would be in imminent danger of physical harm. Actual bodily harm is not required; and

f. Conduct for which a documented prior exclusion order has been issued and not overturned on appeal.

4. Written notice of the exclusion order will be provided to any person excluded. The notice will briefly describe the conduct and list the provision of law that is the basis for the exclusion; the date, length, and place of exclusion; a description of the process for filing an appeal; and a warning of the consequences for failure to comply. The exclusion notice shall be signed by the issuing Enforcement Official. The Director may use reasonable discretion to determine multiple park facilities for the exclusion.

5. The exclusion order will be effective for thirty (30) days, except as stated in paragraph B.6, during which time the violator may not return to the listed park or park facilities. A second exclusion order for the same violator, whether or not issued within the same park, that is issued within a twelve (12)-month period will be effective for sixty (60) days. Additional exclusion orders issued within a twelve (12)-month period of the second exclusion order will be effective for ninety (90) days. No exclusion order overturned on appeal will be counted.

6. The duration of the first exclusion shall be sixty (60) days if one or more of the following occur:

a. A felony;

b. Property damage estimated to be one thousand dollars ($1,000) or more; or

c. Dangerous or threatening behavior as defined in this Section.

A second exclusion for a person described in this Subsection B.6 within a twelve (12)-month period will be effective for one hundred and twenty (120) days. Additional exclusion orders issued within twelve (12)-month period of the second exclusion order for a person described in this Subsection will be effective for one hundred and eighty (180) days. No exclusion order overturned on appeal will be counted.

C. Appeal.

1. The City Manager shall serve as hearing officer on appeal and shall conduct a fair and impartial hearing.

2. A person issued a notice of exclusion may appeal the notice within five (5) days by filing a written appeal with the City Manager. The written appeal shall include the exclusion notice number, reason(s) the person should not have been excluded, and a phone number, address or email at which the City may serve the cited individual a response to their request. Filing an appeal does not preclude the issuance of an exclusion order for a new violation of this Section.

3. Upon receipt of a timely and complete notice of appeal, the exclusion order will be stayed. The City Manager will set an administrative hearing that shall be de novo. The exclusion order will be upheld if the City Manager determines by a preponderance of evidence that the person committed the act for which the person was excluded, and the exclusion is otherwise in accordance with the law. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. In lieu of personally appearing at an administrative hearing, the cited individual may request that the City Manager decide the matter based on the notice, the written appeal, and any other documentary evidence submitted prior to the hearing date.

4. The City Manager shall issue a written decision responding to the appeal within five (5) business days. The decision of the City Manager on appeal shall be final.

D. The City shall maintain an accurate database of those persons excluded from parks or park facilities by their respective employees.

E. Notwithstanding Section 3-5E-9, a violation of a removal or exclusion order is unlawful and may be charged as a misdemeanor, as provided by Section 1.2.0. Nothing in this Section limits the authority of the City to obtain an injunction prohibiting or restricting park access by any person.

(Ord. 98-816; amd. Ord. 24-1074)

A. The city council shall establish fees for nonscheduled utilization of park facilities and utility use. Such fees shall be set by city council resolution in an amount not to exceed the actual cost incurred by the city of reasonable estimated cost.

B. Park facilities shall include buildings, patio areas, playgrounds, tennis courts, basketball courts, athletic fields, designated picnic areas, vehicle parking lots and all open space within park boundaries.

C. Utilities shall include water, gas, electrical power, and operation of lighting systems for patio areas, playgrounds, tennis courts, basketball courts, athletic fields, designated picnic areas, vehicle parking lots and all open space within park boundaries.

D. The director shall be responsible for fee collection and determining the method of collection, which may include the installation of coin meters to control the operation of utility systems. (Ord. 05-899)