Tracy Municipal Code Ch. 4.16 Regulations Pertaining to the Use of Parks and Public Areas and Facilities

This chapter shall be known as the "Tracy Parks and Public Areas Ordinance".

(Prior code § 4-4.01)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

The purpose of this chapter is to regulate the use of City parks and other public areas, and establishes the standards for issuance of park permits so that all persons may enjoy and make use of such parks and public areas and to protect the rights of those in the surrounding areas.

(Prior code § 4-4.02)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

"Amplified sound" means music or speech projected or transmitted by electronic equipment, including but not limited to amplifier, loudspeakers or any similar device.

"City Manager" means and refers to the City Manager or their designee.

"Director" means and refers to the Director of the Parks and Recreation Department or their designee.

"Exclusive use" means the right to use a park or public area, or area thereof, for any activity at a specified time, to the exclusion of all others.

"Facility permit" means written permission by the Director for a specified use of a park or public area or area thereof, including a community building, community ground, barbecue pit area, City pool, athletic facility or any other public facility.

"Parade" means an organized march or procession of persons, animals or vehicles or combination thereof whose march route crosses park or public property.

"Park" means all City parks, sensitive areas, community buildings and grounds, athletic facilities, open space areas and other grounds and facilities owned or operated by the City for park, recreation or open space purposes.

"Parks and Recreation Department" means the Parks and Recreation Department of the City of Tracy.

"Permit application fee" means the nonrefundable fee to be paid by an applicant for a facility permit. The fee shall be set by the City Council and shall cover the full cost (or portion thereof) of processing and investigating the application, and administering the park facility permit program.

"Permittee" means the person or group which has been granted a facility permit.

"Public," "Public Property," "Public Area" or "Public Areas" means all real property that is owned or controlled by the City of Tracy and shall include, but not be limited to, any street, median strip, sidewalk, parking lot, building, or structure.

"Publicize" means to inform the public of a planned activity by means of newspaper articles, notices, radio or television notices, announcements at public places, leafletting, posting signs or written notices in places used by the public, social media, or by any other means calculated to notify the public of any activity.

"Sensitive area" means a 1,000-foot radius surrounding any City park falling into one or more of the following categories, as set forth in the Parks Master Plan (which may be amended from time to time):

(1) Neighborhood parks: Medium-sized parks that provide recreation opportunities within walking or biking distance for residents in one or more neighborhoods;

(2) Linear parks: A linear park provides trails and other recreational opportunities, allows for uninterrupted and safe pedestrian and bicycle movement throughout the community, and protects open space corridors;

(3) Community parks: Large parks that provide opportunities for community-scale facilities to serve a substantial portion of the City;

(4) Sports complexes: Sports complexes are parks that are primarily devoted to sports fields, play courts, and other facilities for organized athletics;

(5) Mini parks, page: Mini parks are small-sized parks that provide basic recreation amenities for nearby residents in a specific neighborhood or subdivision;

(6) Special use parks: Special use parks are designed around a specialized facility or site use, such as an aquatic center or indoor recreation/community center, or to create a unique experience, such as a nature park or a downtown plaza.

(Prior code § 4-4.03)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022; Ord. No. 1342, § 1(Exh. 1), 12-19-2023)

The Director may designate in writing and/or by posting at the site, certain parks, park facilities, public areas, or areas thereof, which are available for exclusive use only upon obtaining a facility permit pursuant to Section 4.16.050.

(Prior code § 4-4.04)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

A facility permit must be obtained from the Parks and Recreation Department prior to sponsoring or conducting any of the following activities in a park or public area:

(a) For the exclusive use of any park, facility, or public area which has been designated by the Director pursuant to Section 4.16.040 as requiring a facility permit;

(b) For any organized activity in which fifty (50) or more persons are expected to participate or attend, or which is publicized prior to the date of the activity, or which requires special City services. Such activity includes, but is not limited to the following: A picnic, rally, group meeting, festival, fair, parade, play, musical event, art show or other show or exhibition;

(c) Any activity involving the erection or placement on park or public property of stages, booths, platforms, sculptures and other art works, or other similar structures;

(d) For the sale or barter of any goods, wares, merchandise, food or beverages (see Section 4.16.140);

(e) For any activity involving the use of amplified sound (see Section 4.16.150); or

(f) A permit is required to possess or consume any alcoholic beverage in City parks or public areas and may only occur in designated parks and public areas.

(Prior code § 4-4.05)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

(a) Any person applying for a facility permit shall file an application on a form provided by the Parks and Recreation Department, not less than twenty (20) days, nor more than one year (365 days) prior to the proposed use of the park or public area. The Director may waive the application deadline for good cause if sufficient time remains to process the application, and for the City to prepare for the requested use. Good cause can be demonstrated by the applicant, and shall be determined by the Director, showing that the circumstances which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed and the proposed activity is for the purpose of exercising the right of free speech.

(b) All applications for the facility permit must be signed or cosigned by a person twenty-one (21) years of age or older who shall agree to be responsible for the requested use of the park or public area.

(Prior code § 4-4.06)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

The application for a park facility permit shall be completed on a form provided by the Park and Recreation Department and shall provide the following information:

(a) The name, address, and telephone numbers of the permit applicant, organization sponsoring the activity (if any) and person who shall be in charge of the activity;

(b) Park, public area, or facility or area thereof requested;

(c) Any additional equipment or personnel requested;

(d) The type of activity planned;

(e) The starting and finishing time of the activity;

(f) The number of persons expected to attend the activity;

(g) The type of equipment or structures (if any) which shall be erected or placed on park or public property;

(h) Whether the activity will involve amplified sound and the nature thereof;

(i) Type and amount of insurance coverage for the event; and

(j) Any supplemental information the Director shall find reasonably necessary to determine whether to approve the permit application pursuant to Section 4.16.160.

(Prior code § 4-4.07)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

The Director shall approve, conditionally approve or deny a facility permit application for any of the grounds specified in Section 4.16.090. Such action shall be taken no later than seven (7) days after receipt of a completed application. Notice of the Director's decision shall be mailed or emailed to the applicant's address or email address. If the application is denied the Director shall state the grounds for denial in writing and inform the applicant of their right of appeal. If a change in the time or location of the proposed activity would allow approval of the application, the Director shall propose an alternative location or time for the activity.

(Prior code § 4-4.08)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

The Director may deny a facility permit application if they determines from a consideration of the application or other pertinent information, that any of the following conditions exist:

(a) Information contained in the application or supplemental information requested from the applicant, is found to be false in any material detail;

(b) The applicant failed to complete the application form after having been notified of the additional information or documents required;

(c) The proposed activity would conflict with a previously planned City-sponsored activity;

(d) The applicant refuses in writing to comply with all terms and conditions of the permit;

(e) A prior application for a permit to use the same location at a conflicting time has been received and such application has been or will be approved;

(f) The nature or size of the activity would be reasonably likely to injure persons or damage park or public property, or property adjacent to the park or public property; provided, that the Director shall not consider the content of expression which is proposed or anticipated at the activity;

(g) The proposed activity is prohibited by law;

(h) The proposed activity is inconsistent with the purpose for which the facility, park, or public area has been established or designated pursuant to Section 4.16.040;

(i) The sole purpose of the activity is advertising or sale of any product, goods, wares or merchandise and is designed to be held for private profit and not for First Amendment expression; or

(j) That the proposed activity would require the assignment of so great a number of City police officers to properly police the park or public area activity, or areas contiguous thereto, as to prevent normal police protection to the rest of the City. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of police officers available to police the event. The determination as to whether a park permit shall be denied for this ground shall be made by the Chief of Police after conferring with the Director.

(Prior code § 4-4.09)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

The Director may impose reasonable conditions on approval of a facility permit application respecting the time, place, and manner of use of the park or public area. Such conditions may be imposed to ensure the safety of persons, public and private property, the control of noise, and to ensure that other activities will not be unduly disturbed by the proposed activity of the applicant. Such conditions, however, shall not unreasonably restrict the right of free speech. Permit conditions may include, but are not limited to the following:

(a) Alteration of the time or location of the proposed activity;

(b) Requirements for the use of security personnel or monitors;

(c) Requirements that the applicant obtain any legally required permit or license;

(d) Requirements for notifying the activity participants of park and public area rules and the terms and conditions of the permit;

(e) Inspection and approval by City personnel of stages, booths or other structures erected or placed in the park or public area in connection with the activity; and

(f) Restrictions on the use of alcohol.

(Prior code § 4-4.10)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

Upon the granting of a permit under this chapter, any fees or deposits which are adopted by the City for the use of City personnel, buildings, equipment, parks, public areas and facilities, shall be contained in the permit and the fees and deposits shall be paid by the applicant prior to the receipt of the permit.

(Prior code § 4-4.11)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

Prior to the issuance of the facility permit, the permit applicant and authorized officer of the sponsoring organization (if any) must sign an agreement to reimburse the City for all costs incurred by it in repairing damage occurring in connection with the permitted activity and caused by the permittee/sponsoring organization, its officers, employees or agents, or any other person who was or reasonably should have been under the permittee's or sponsoring organization's control. The agreement shall also provide that the permittee/sponsoring organization shall indemnify the City against, and indemnify and hold the City harmless from, any loss, damage, liability or expense which may arise in any way in connection with the permitted activity caused by the actions of the permittee/sponsoring organizations, its officers, employees or agents, or any person who was or reasonably should have been under the permittee's or sponsoring organization's control.

(Prior code § 4-4.12)

(a) The applicant/sponsor of any activity which requires a facility permit pursuant to Section 4.16.050 must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the activity.

Such insurance shall name on the policy or by endorsement as additional insured the City, its officers, employees and agents. Insurance coverage must be maintained for the duration of the activity.

(b) Coverage shall be a comprehensive general liability insurance policy in an amount prescribed by City resolution. The insurance coverage afforded by the policy shall provide at a minimum the equivalent of insurance coverage provided by Insurance Services Office (ISO) comprehensive general liability insurance coverage. If food or non-alcoholic beverages will be sold or distributed at the activity the comprehensive general liability coverage must include products liability coverage. If alcoholic beverages will be sold or distributed at the activity, the policy must also include coverage for liquor liability, along with the required Alcoholic Beverage Control permit as required by the permit process.

(c) A copy of the policy or certificate of insurance along with all necessary endorsements must be filed with the Director no less than twenty (20) days prior to the event, unless the Director for good cause waives the filing deadline.

(Prior code § 4-4.13)

No person, other than a concessionaire with a current and valid contract with the City for the provision of concession services, shall sell or offer for sale any goods, wares, merchandise or beverages without the prior written approval of the Director. The Director shall determine whether to approve, conditionally approve or deny an application for a vendor permit within seven (7) days after receiving a completed application on a form prescribed by the Director. Written permission shall not be granted by the Director excepting for sales by non-profit organizations in connection with an organized activity whose primary purpose is First Amendment expression and not private profit. The Director may impose reasonable conditions of the issuance of a permit as authorized by Section 4.16.160 of this chapter. This section shall not apply to the solicitation of donations for distribution of material by individuals for the primary purpose of First Amendment expression and not private profit.

(Ord. 1096 § 1, 2006: prior code § 4-4.14)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

The use of amplified sound in a park or public area is forbidden unless a facility permit has first been obtained pursuant to Section 4.16.050. The Director, upon granting a permit for use of any amplified sound system, may impose reasonable conditions concerning the location of the sound system, and the maximum decibel level for the sound system to minimize the amount of amplified sound audible in adjacent park and public areas and neighborhoods.

(Prior code § 4-4.15)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

(a) The applicant shall have the right to appeal to the Parks and Community Services Commission a permit denial, permit condition, the Director's refusal to waive the filing deadline, or the Director's decision pertaining to fees or insurance coverage required under this chapter. Notice of appeal shall be made on a form prescribed by the Parks and Recreation Director and shall be filed with the Parks and Recreation Director stating the grounds for appeal. Regular meetings of the Parks and Community Services Commission are scheduled in accordance with Section 2.04.020 of this Code. The appeal must be filed no later than noon on Thursday a week preceding the Parks and Community Services Commission meeting to be placed on the next regular meeting's agenda. The decision of the Parks and Community Services Commission may be appealed to the City Council, which has final authority.

(b) If there is insufficient time for a timely appeal to be heard by the Parks and Community Services Commission prior to the date on which the event is scheduled, the applicant may, at their option, request the Director to schedule the appeal to be heard before the City Manager under Section 1.12.010. The City Manager shall attempt to hold a hearing no later than three (3) business days after the filing of the appeal, and shall render their decision no later than two (2) business days after hearing the appeal. If the appeal is heard before the City Manager, the City Manager's decision is final.

(Ord. 1111 § 4 Exh. A (part), 2007: prior code § 4-4.16)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

(a) Each permittee/sponsor of an activity shall comply with all terms and conditions of the permit issued under this chapter.

(b) Each permittee/sponsor of an activity shall ensure that the person in charge of the activity shall carry the permit issued under this chapter on his person during the duration of the activity.

(c) Each permittee/sponsor of an activity shall ensure that the park or public area or building used for the permitted activity is cleaned and restored to the same condition as existed prior to the activity.

(Prior code § 4-4.17)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

No person, other than authorized City personnel, shall do any of the following unless written permission has been obtained from the Director:

(a) Play or engage in any game or contest in any park or public area except in such places suited, specifically provided or designated for that purpose;

(b) Play upon any tennis courts wearing shoes other than those having vulcanized soles and heels, commonly known as tennis shoes. In-line skating, skateboards, or other wheeled items and dogs are prohibited on tennis courts, basketball courts or similar multi-use courts;

(c) Use any tennis courts for tennis tournaments, team practices or other special events of any kind without the prior written permission of the Director;

(d) Cut, break, injure, deface or disturb any plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or make or write upon any building, monument, fence, bench or other structure;

(e) Cut or remove any wood, turf, grass, soil, rock, sand or gravel, or any found object, whether above or below the ground;

(f) Lead or let loose any farm animals of any kind. Dogs are permitted subject to regulations and Section 5.08.130 of this Code. Owners are responsible for picking up after their animals while on/in parks, parkways, trails or other public areas;

(g) Post, place or erect any bills, notice, paper or advertising device of any kind on park or public equipment;

(h) Tear down, deface or destroy any sign posted pursuant to this chapter;

(i) Willfully tamper with or damage any water or gas pipes, hydrant, stopcock, sewer, basin or other construction in any park or public area;

(j) Carry any firearms, air gun, slingshot or archery equipment;

(k) Make or kindle any open fire, such as camp fires, bonfires, burning of garbage, or portable outdoor fireplaces in any public area, except in permanent charcoal grills provided by the City. Users of permanent charcoal grills must extinguish charcoal in the grill after use. The City will remove leftover charcoal and ashes as needed;

(l) Ride or drive any horse or other animal or any motorized vehicle, cycle, go cart or scooter elsewhere than on the roads or drives provided for such purpose, or drive a motor vehicle in an erratic or hazardous manner on any park roads, public areas, paths or parking areas;

(m) Enter, remain or stay in the swimming pools in the public parks or the enclosures surrounding the pools at any time when the pools are not open to the public with a lifeguard on duty;

(n) Play or engage in model aircraft flying or boats, driving of golf balls, archery, hardball or any similar games of a hazardous nature except at such places as are especially set apart for such purposes;

(o) Throw or place on or in any park or public area any paper, rubbish, garbage or refuse matter of any kind, unless in a receptacle designed for the purpose; but no person shall deposit household rubbish and garbage in any City park, public area, rubbish receptacles or in garbage receptacles;

(p) Urinate or defecate in a park, public area, or recreation facility except in proper fixtures in a restroom facility designed for the purpose;

(q) To sell refreshments, food stuffs or novelties in any park or on any street immediately adjacent thereto without the prior written permission of the Director or the City Council;

(r) Use or possess any glass beverage container within the boundaries of any park or public area;

(s) Alcoholic beverages are prohibited in mini and neighborhood parks adjacent to joint use areas of elementary schools. It shall be unlawful and a misdemeanor to consume any alcoholic beverage, in any park without first obtaining the permission of the City Council or a permit from the Parks and Recreation Department. It shall be unlawful to possess any can, bottle or other receptacle containing any alcoholic beverage as defined by the Alcoholic Beverage Control Act of the State of California that has been opened, or a seal broken or the contents of which have been partially removed in any park without first obtaining the permission of the City Council or a permit from the Parks and Recreation Department. Signs will be posted and shall read "ALCOHOL CONSUMPTION OR POSSESSION PROHIBITED IN CITY PARK WITHOUT A PERMIT BY T.M.C. 4.16.180(s)";

(t) No person shall go upon any surface in a park with any skateboard, roller skate, rollerblade, in-line skate, coaster, or any similar device, when appropriate signs giving reasonable notice thereof are posted at the park;

(u) A person shall be permitted to use a skateboard in a park only if: (1) the City Council has adopted a resolution which identifies the park at which skateboarding is permitted; and (2) signs are posted at the park affording reasonable notice that: (i) any person riding a skateboard in the park is undertaking a "hazardous recreational activity" pursuant to California Health and Safety Code section 115800; and (ii) the person must wear a helmet, elbow pads, and knee pads; and (iii) that any person failing to do so will be subject to citation pursuant to this section.

(v) Under no circumstances may persons store or dispose of waste water (i.e. from baths, sinks, washing machines, and/or other kitchen appliances) or sewage water onto parks or public areas not intended for such disposal;

(w) Parks and public areas shall not be used for storage or a dumping location for any personal items, including without limitation, car parts, bicycle parts, bicycles, furniture, appliances, generators, propane tanks, or combustible materials; and

(x) Under no circumstances may persons create unpermitted electrical or gas connections.

The following subsections under this section shall be a misdemeanor: subsections (d), (e), (h), (i), (j), (k), (l), (o), (p), (v), (w).

(Ord. 1074 § 2, 2005; Ord. 990 § 1, 1999; prior code § 4-4.18; Ord. No. 1229, § 1, 1-3-2017)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)

It is unlawful and a misdemeanor for any person to enter or remain in a City park, whose closing times have been posted pursuant to Section 4.16.200, between 10:00 pm and 6:00 am, or such other time as is posted by the City Manager or their designee. The City Manager is authorized to designate those parks which shall be closed between the hours of 10:00 pm and 6:00 am, or such other time as determined by the City Manager, to allow for optimal park use, to prevent potential destruction of public property, to prevent potential nuisance to the residents of adjoining areas, or to prevent hazards to persons using park property. This section shall not apply to the following:

(a) Any Peace Officer or City employee acting within the course and scope of their employment;

(b) Any City-sponsored functions or programs; or

(c) Any person who has received a facility permit or other written authorization from the Director for use of the park after closing hours.

(Ord. 1109 § 1, 2007: prior code § 4-4.19)

(Ord. No. 1204, § 1, 12-15-2015; Ord. No. 1332, § 2(Exh. A), 9-20-2022)

(a) The signs posting closing hours shall be not less than one square foot in area and upon which, in lettering not less than one-half inch in height, appear the time the park is closed with words such as "ENTERING OR REMAINING IN THIS PARK BETWEEN 10:00 PM AND 6:00 AM FORBIDDEN BY LAW TMC 4.16.190" or such other times as the City Manager may designate pursuant to Section 4.16.190 of this Code. Any area to remain open shall be posted on a separate sign located within such area.

(b) Each park shall be posted in the following manner:

(1) If the park does not contain any lineal dimension exceeding 350 feet, by posting signs at each corner of the area and at intervals not exceeding 150 feet, and, if such property has a definite entrance or entrances, at each such entrance;

(2) If the park has lineal dimensions exceeding 350 feet, by posting signs at each corner of the area and at intervals not exceeding 300 feet, and if such property has a definite entrance or entrances, at each such entrance.

(c) For alcoholic restriction, each park shall be posted as follows: "ALCOHOL CONSUMPTION OR POSSESSION PROHIBITED IN CITY PARK WITHOUT A PERMIT BY TMC 4.16.180(s)".

(Ord. 1109 § 2, 2007: prior code § 4-4.20)

(Ord. No. 1332, § 2(Exh. A), 9-20-2022)