Chapter 8.36 — CITY PARK AND TRAIL ORDINANCE

Section 8.36.010 Definitions. 8.36.020 Activities requiring permits for the use of a park. 8.36.030 Permit—Application contents. 8.36.040 Permit—Standards for issuance. 8.36.050 Violation of regulations— Sanctions. 8.36.060 Authority to close facilities.

8.36.070 Failure to obtain required permit. 8.36.080 Priority of use. 8.36.090 Exhibiting permit. 8.36.100 Selling and advertising. 8.36.110 Restrooms. 8.36.120 Water pollution. 8.36.130 Refuse. 8.36.140 No smoking. 8.36.150 No fires. 8.36.160 No fireworks. 8.36.170 No firearms, airguns and other weapons. 8.36.180 Animals. 8.36.190 Fishing in Del Lago Park. 8.36.200 Real property—Appropriation or encumbrance. 8.36.210 Property—Use of. 8.36.220 Lock and keys. 8.36.230 No motorized vehicle use. 8.36.240 Use of bicycles and skateboards on pedestrian paths. 8.36.250 Requirements for use of skateboard park. 8.36.260 Rules and Regulations for use of skateboard park. 8.36.270 Posting of rules. 8.36.280 Hours of use. 8.36.290 Dangerous activities prohibited. 8.36.300 No swimming in parks. 8.36.310 Alcohol sale and consumption by permission only. 8.36.320 Personal gain. 8.36.330 Sale of food and beverage by groups and organizations. 8.36.340 Regulations. 8.36.350 Sound amplification equipment. 8.36.360 Severability. 8.36.370 Excessive noise. 8.36.380 Prohibition of glass beverage containers. 8.36.390 Concession operations. 8.36.400 Disorderly conduct. 8.36.410 Exclusive use permit. 8.36.420 Violation—Penalty.

Except as otherwise provided in this section, the words and phrases used in this chapter shall have the same meaning as described thereto, unless from the context hereof it clearly appears that a different meaning is intended. AVAILABLE SHELTER. A public or private shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacity, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available

shelter space due to voluntary actions including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available. CAMP. Placing, setting up or utilizing camping equipment such as tents, tarpaulins, temporary shelters whether commercially produced or improvised from random materials, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors. CAMPING does not include use of umbrellas or sun shades during the time the park is open to the public or the use of temporary structures pursuant to a permit issued pursuant to this chapter. An activity shall constitute CAMPING when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. CAMPING shall not include merely sitting, lying or sleeping outside in a public park area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public. CAMP EQUIPMENT. Tents, tarpaulins, lean-tos, huts, cardboard boxes, or similar makeshift temporary shelters constructed from random materials, as well as cooking facilities, hammocks, ground cover, bedding, sleeping bags, or other similar equipment used for living in the outdoors. CITY. The City of Tulare. DEPARTMENT. The Parks, Library and Recreation Department. DIRECTOR. The Community Services Director of the city or his or her authorized representative. IN-LINE SKATES. A common roller skate with wheels in a straight line resembling the blade of an ice skate. PARK. Any outdoor area owned, leased, or controlled by the city opened to the public for recreational use, including but not limited to any body of water, land, campsite, recreation area, building, or structure. PARK AND RECREATION COMMISSION. An advisory board to the City Council to advise and assist in the development of park and recreation activities in the city. ROLLER BLADES. A type of roller skate in which the wheels are set in a single straight line under the boot; a type of in- line skate. ROLLER SKATES. A shoe, boot, or an apparatus worn on a shoe or boot with wheels attached, whether permanently or temporarily, to such shoe, boot or apparatus. SKATEBOARD. A four wheeled platform used for the activity of skateboarding that is propelled by pushing with one foot while the other remains on the board, or by pumping in structures such as a mega ramp, vert ramp, half-pipe, mini ramp, quarter pipe or bowl. SKATEBOARD PARK. Any area designated by the city for exclusive public use of in-line skates, roller blades, or skateboards. TULARE CITY COUNCIL. The elected or appointed legislative body of the City of Tulare. (1995 Code, § 8.36.010) (Ord. 2021-06, passed 1-18-2022; Ord. 14-05, passed 10-21-2014; Ord. 03-1915, passed - -2003)

A permit for the use of a park owned by or under the control of the city shall be required for the uses hereinafter set forth: (A) Reservation of soccer fields, tennis courts and baseball and softball diamonds for organized play; (B) Use of picnic pavilion for group picnicking activities; (C) Use of all lighted facilities with the exception of coin-operated light meters for recreation use. Permits required for daytime and evening tennis tournament use; (D) Group cultural activities; displays of wares and merchandise, fund-raising projects, exhibitions as part of an open, industrial wide-show; bandstand use; organized non-city sponsored athletic and nonathletic programs or projects; tournament play; traditional sports programs not city-sponsored; (E) Nontraditional organized sports activities; (F) Concessionaire, person, group or organization sale of food and/or nonalcoholic beverages when provided in conjunction with approved non-city-sponsored activities; (G) Any group of 50 or more persons; and (H) Any group or person that will install and/or use equipment or facilities which is not owned or operated by the City of Tulare. (1995 Code, § 8.36.020) (Ord. 2021-06, passed 1-18-2022)

Whenever a permit is required in this chapter, an application shall be filed with the Director stating: (A) The name and address of the applicant; (B) The name and address of the person, group, organization or corporation sponsoring the activity; (C) The nature of the proposed activity; (D) The dates, hours and park location for which the permit is desired; (E) An estimate of attendance; (F) The signing of a waiver release holding the city, their officers and employees harmless against any and all liability; and (G) Any other information which the Director, regarding public health, safety and welfare, finds reasonably necessary to a fair determination as to whether a permit should be issued. (1995 Code, § 8.36.030) (Ord. 2021-06, passed 1-18-2022)

The Director shall issue a permit hereunder when he or she finds: (A) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park; (B) That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; (C) That all conditions, including where applicable, the payment of fees, approval of the Tulare City Council, and insurance coverage, are met; (D) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; (E) That the proposed activity or use will not entail unusual, extraordinary or burdensome expense or security operation by the Department; (F) That the facilities desired have not been reserved for other use; (G) The conduct of the activity or use of the area will not have an adverse impact on the surrounding neighborhood due to parking, noise or crowds; (H) Insurance coverage shall be required, if in the opinion of the Director, the conduct of the event or program would potentially constitute a hazard to public safety. The Director, or his or her designee, may, at his or her discretion, require an insurance policy as a condition of the issuance of the permit. If a policy is required, the permittee must obtain, pay for, and maintain a policy of general liability insurance, approved as to form by City Attorney which shall insure the city, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee or his or her agents or employees and occurring during the period and as a result of the activities for which the permit was issued. The amount of coverage to be provided by the policy shall be determined by the Director, or his or her designee. The City Attorney may accept, as compliance with the requirement imposed by this division, the presentation of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the city, its officers and employees, have been added as additional insured. The certificate shall additionally provide that the required insurance will not be modified, changed or terminated until at least ten days' written notice thereof has been transmitted to the Director; and (I) It shall be a condition of the issuance of any park facilities permit that the permittee shall agree to defend and to hold the city, its officers and employees harmless from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of the permit. (1995 Code, § 8.36.040) (Ord. 2021-06, passed 1-18-2022; Ord. 14-05, passed 10-21-2014; Ord. 03-1915, passed - -2003)

(A) Any person violating the provision of this chapter shall be guilty of a misdemeanor and subject to the following penalties; a fine of not more than $500, by imprisonment for not more than six months in the County Jail, or both the fine and imprisonment. Notwithstanding the classification of a violation of this chapter as a misdemeanor at the time an action is amended to enforce the provisions of this chapter, the Trial Court, upon recommendation of the prosecuting attorney, may reduce the charge of the offense from a misdemeanor to an infraction pursuant to Cal. Penal Code § 19. Any person convicted of an infraction of this chapter shall be punished by: (1) A fine not exceeding $50 for the first violation; (2) A fine not exceeding $100 for the second violation of this chapter within one year; and (3) A fine not exceeding $250 for each additional violation of this chapter within one year.

(B) The Director shall have the authority to revoke a permit upon a finding of violation of any regulation contained in this chapter or upon a finding of violation of other city ordinance or laws of this state. (C) The Director shall have the authority to eject from any park, any person acting in violation of regulations contained in this chapter; and (D) The regulations contained herein shall not prohibit any person authorized by the Director from the normal exercise of requested, assigned or contractual duties. (E) Malicious injury or destruction of any real or personal property which constitutes vandalism under the provision of Cal. Penal Code § 594 shall be prosecuted as a violation of Cal. Penal Code § 594 and shall be punishable as either an infraction, misdemeanor, or a felony, as provided in Cal. Penal Code § 594. Under Cal. Penal Code § 594, if vandalism results in damage of $1,000 or more, the vandalism may constitute a felony punishable by a fine of $1,000 or up to a year in state prison or both. (1995 Code, § 8.36.050) (Ord. 2021-06, passed 1-18-2022)

The Director shall have the authority to close any park or portion thereof and require the exit of all persons therein when he or she determines that conditions exist in the facility or portion thereof which present a hazard to the facility or to public safety. The Director shall have the authority to close to the public any park or portion thereof at any time and for any interval of time, either temporarily or at regular or stated intervals, and either entirely or merely to certain uses, as the Director shall find reasonably necessary. (1995 Code, § 8.36.060) (Ord. 2021-06, passed 1-18-2022)

No person shall use, occupy or otherwise remain in any park or portion thereof for which a permit is required without first having obtained the permit. (1995 Code, § 8.36.070) (Ord. 2021-06, passed 1-18-2022)

Any person using a park or portion thereof which may be reserved by obtaining a permit, but who has not obtained the permit, shall vacate the area when holders of a valid permit present themselves. (1995 Code, § 8.36.080) (Ord. 2021-06, passed 1-18-2022)

No person shall fail to produce and exhibit a permit he or she claims to have upon request of any department employee or any peace officer who desires to inspect the permit for the purpose of enforcing compliance with any regulation in this chapter. (1995 Code, § 8.36.090) (Ord. 2021-06, passed 1-18-2022)

Within the boundaries of any park or on public property adjacent to a park, no person shall sell, vend, peddle, expose, offer for sale or distribute after sale to the public any merchandise, service or property or sell tickets for any event, nor shall any person distribute, circulate, give away, throw or deposit in or on any park or on public property adjacent to a park, any handbill, circulars, pamphlets, papers or advertisements, which material calls the public attention in any way to any article or service for sale or hire, nor within any park or on public property adjacent to a park, shall any person solicit or collect donations of money or other goods from the public, without the express approval of the Park and Recreation Commission for such activity within the specific park or on public property adjacent to a park. (1995 Code, § 8.36.100) (Ord. 2021-06, passed 1-18-2022)

Male persons shall not enter any restroom set apart for females, and female persons shall not enter any restroom apart for males, except this shall not apply to children under the age of six years, who are accompanied by a person who is of the sex designated for that park and who has reason to be responsible for the child. (1995 Code, § 8.36.110) (Ord. 2021-06, passed 1-18-2022)

While within the boundaries of any park, no person shall throw, discharge or otherwise place or cause to be placed in the water or in any tributary, stream or drain flowing into such waters, any substances, matter or thing, liquid or solid, including, without limitation to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, food matter, wood, fiber and plastics. (1995 Code, § 8.36.120) (Ord. 2021-06, passed 1-18-2022)

No person shall dump, deposit or release any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or trash in or on any park except that refuse which is incidental to the use of the park may be deposited in the receptacles provided therefor. For purposes of this section, an incinerator, stove, fire ring, barbecue or other device used to contain fires or for cooking is not a proper receptacle for refuse or other waste material. (1995 Code, § 8.36.130) (Ord. 2021-06, passed 1-18-2022)

No person shall smoke any substance in any area designated as a park. (1995 Code, § 8.36.140) (Ord. 2021-06, passed 1-18-2022)

(A) Without a permit issued by the Director, no person shall ignite, maintain or use any fire in any place within any park except in a barbecue cooker or other cooking device authorized by the Director for that purpose. (B) No person shall ignite or maintain a fire or materials deposited in any can, box, trench, pit or other receptacle maintained for the purpose of garbage disposal or incineration. (1995 Code, § 8.36.150) (Ord. 2021-06, passed 1-18-2022)

No person shall possess or ignite in any park firecrackers or fireworks, including any material for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks defined and classified as "safe and sane fireworks" in Cal. Health and Safety Code § 12508 at any public gathering or patriotic celebration provided a permit for the discharge has been obtained from the Director. (1995 Code, § 8.36.160) (Ord. 2021-06, passed 1-18-2022)

No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire or discharge any firearm, airgun, bow and arrow, sling shot or any other weapon potentially dangerous to wildlife or human safety except in areas, at times and under conditions, designated by the Director for the use. Firearms may be possessed with a valid concealed weapon permit. (1995 Code, § 8.36.170) (Ord. 2021-06, passed 1-18-2022)

No person shall: (A) Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal within the boundaries of any park, nor remove or have in his or her possession the young, eggs or nest of any such creature; (B) Abandon any animal dead or alive within any park; (C) Remove any animal not his or her own from within any park; exception is made to the foregoing in that in proper season, fish may be fished and removed from areas designated for fishing by licensed persons; (D) Bring into or maintain in or upon any park any dog, cat or other animal unless the animal at all times is kept on a leash and under full control of its owner or custodian; provided, however, the Director may designate areas and times within which person may show, demonstrate or train unleashed animals under full control of their owners or custodians; (E) Permit cattle, sheep, goats, horses or other animals owned by him or her or in his or her possession, to graze within the boundaries of any park; (F) Ride a horse, pony, mule, burro or other animal onto or over real property within any park other than at times and upon roads or trails designated for riding of animals; and

(G) Fail to promptly remove from any park to an appropriate receptacle fecal matter deposited thereon by a dog in the person's charge. (1995 Code, § 8.36.180) (Ord. 2021-06, passed 1-18-2022)

(A) No person, other than a child or disabled person as defined by this section, shall fish in the lake in Del Lago Park. (B) For the purpose of this section, CHILD shall mean any person aged 15 years or younger. (C) For the purpose of this section, DISABLED PERSON shall mean any person with a developmental disability, as defined by Cal. Welfare and Institutions Code § 4512, as well as any condition that is substantially similar to a developmental disability but that originates after the age of 18. DISABLED PERSON shall also include any person having any permanent physical condition that substantially requires the use of a wheelchair for mobility. (D) Any person violating this section is guilty of an infraction, and upon conviction thereof shall be punished by a fine of not more than $50 for the first violation; a fine of not more than $100 for the second violation within one year, and a fine of not more than $250 for each additional violation within one year. (E) The Director, police officers, and code enforcement officers are charged with enforcing this section and may issue citations for any violation of this section. (Ord. 2021-06, passed 1-18-2022; Ord. 09-12, passed 10-6-2009)

No person shall deposit any earth, sand, rock, stone or other substance within any park, nor shall he or she dig or remove any such material from within any park, nor shall he erect or attempt to erect any building, wharf or structure of any kind, by driving or setting up posts or piles, nor in any manner appropriate or encumber any portion of the real property owned, operated, controlled or managed by the Department, without a permit from the Director. (1995 Code, § 8.36.190) (Ord. 2021-06, passed 1-18-2022)

No person shall: (A) Dig up, pick, remove, mutilate, injure, cut or destroy any turf, tree, plant, shrub, bloom, flower, artifact or archeological site, or any portion thereof; (B) Cut, break, injure, deface or disturb any building, sign, fence, bench, structure, apparatus, equipment or property, or any portion thereof; or (C) Without authorization from the Director, make or place on any tree, plant, shrub, bloom, flower, buildings, sign, fence, bench, table, structure, apparatus, equipment or property, or any portion thereof, any rope, wire, mark, writing, printing, sign, card, display or similar inscription or device. (1995 Code, § 8.36.200) (Ord. 2021-06, passed 1-18-2022)

No person other than one acting under the direction of the Director shall duplicate or cause to be duplicated a key used by the Department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped to any unauthorized person. (1995 Code, § 8.36.210) (Ord. 2021-06, passed 1-18-2022)

No motorized vehicle shall be permitted within the boundaries of any park unless such park has been specifically designed and constructed to permit the use of motorized vehicles and a notice to this effect has been posted at the entrance of the park. In cases where the park has been designated and constructed and posted as aforesaid, the following regulations will apply: (A) While within the boundaries of any park, no person shall drive or operate any automobile, motorcycle, motorscooter, trail bike, dune buggy, truck or other motorized vehicle on roads, turf, maintenance service roads and pathways, or trails other than those designated for that purpose. (B) While within the boundaries of any park, no person shall drive any automobile, motorcycle, motorscooter, truck or other motorized conveyance, except an authorized emergency vehicle, at a rate of speed exceeding ten mph except as may be otherwise posted by the Director or in any case at speeds exceeding safe conditions dictated by prevailing

circumstances. (C) No person shall operate any automobile or other motorized vehicle within the boundaries of any park unless the vehicle is currently licensed, except unlicensed vehicles may be operated in areas designated and posted for the use and in accordance with the rules established for the areas. (D) No person shall park any automobile or other motorized vehicle within any park except in areas specifically designated as parking areas. In no case shall any person park a motorized vehicle in a manner that presents a hazard to the public. (E) No person shall park or otherwise allow automobiles and other conveyances to remain within the boundaries of any park during the hours the park is closed without a permit from the Director. (F) No person shall abandon any motorized vehicle within the boundaries of any park. (G) No person shall wash or repair any automobile or other motorized vehicle within the boundaries of any park. (H) All motorized vehicles within the boundaries of any park shall be equipped with a property installed muffler device which is in constant operation and which prevents excessive or unusual noise. No muffler device or exhaust system shall be equipped with a cutout, by pass or other similar device. (1995 Code, § 8.36.220) (Ord. 2021-06, passed 1-18-2022)

(A) No person shall ride a bicycle or skateboard on any grassy area, service roads or pathways, path or pathways designated for pedestrian use. A bicyclist shall be permitted to push a bicycle by hand over any such grassy area, path or walkway. (B) No person shall leave a bicycle or skateboard in any place or position where other persons may trip over or be injured by it. Bicycles shall be left in a bicycle rack when one is provided and there is space available. (1995 Code, § 8.36.230) (Ord. 2021-06, passed 1-18-2022)

(A) It is unlawful for any person to utilize the skateboard park unless that person is wearing proper safety equipment including, but not limited to: a helmet, elbow pads, knee pads and appropriate footwear (no sandals, open-toed footwear or bare feet). (B) Any person who fails or refuses to comply with § 8.36.240 or any rules and regulations adopted by the Council covering the skateboard park or who is injured while using the skateboard park shall be deemed negligent. (Ord. 2021-06, passed 1-18-2022; Ord. 08-13, passed 7-15-2008)

The City Council by resolution upon the recommendation of the Director shall adopt Rules and Regulations for the operation and use of the skateboard park. (Ord. 2021-06, passed 1-18-2022; Ord. 14-05, passed 10-21-2014; Ord. 08-13, passed 7-15-2008)

The Parks, Library and Recreation Department shall cause a sign or signs to be posted at all such skateboard parks or facilities providing reasonable notice stating that any person failing to comply with the skateboard park rules shall be guilty of an infraction of the skateboard park rules and subject to citation. (Ord. 2021-06, passed 1-18-2022; Ord. 14-05, passed 10-21-2014; Ord. 08-13, passed 7-15-2008)

The Director is authorized to promulgate responsible opening and closing hours for park facilities. No person shall enter, remain in or camp in or on any park during the hours or any part of the hour(s) the park is closed without a permit from the Director. This policy shall establish a curfew between 10:00 p.m. and 6:00 a.m. in all public parks. (A) No person shall remain or camp in any public park between the hours of 10:00 p.m. and 6:00 a.m. of the following day. (B) The prohibitions contained in division (A) of this section will not apply to: (1) Special use facilities, as may be posted by the Department extending use hours; (2) Any person attending a meeting, entertainment event, recreation activity, dance, or similar activity in the park,

provided the activity is sponsored or co-sponsored by the Department or a permit therefor, has been issued by the Department; (3) Any person exiting the park immediately after the conclusion of any activity set forth in division (B)(2) of this section; (4) Any peace officer or employee of the city while engaged in the performance of his or her duties. (1995 Code, § 8.36.240) (Ord. 2025-05, passed 5-6-2025; Ord. 2022-04, passed 5-17-2022; Ord. 2021-06, passed 1-18- 2022)

The playing of rough or comparatively dangerous games such as football, horseshoes, soccer, baseball or any games involving thrown, hit or otherwise propelled objects such as golf balls, balls of other description, stones, arrows, javelins or model airplanes is prohibited except in fields, courts or areas specifically provided therefor, or with express permission of the Director in areas compatible to that use. Persons desiring to use a park for the specific purpose for which the park was established shall have the priority of use over the park for another non-prescribed purpose. (1995 Code, § 8.36.250) (Ord. 2021-06, passed 1-18-2022)

No person shall swim, bathe or wade in any water or waterways within any park when the activity is prohibited and so posted by the Director upon his or her finding that use of the water could be dangerous to the user, incompatible with the function of the park or inimical to public health. (1995 Code, § 8.36.260) (Ord. 2021-06, passed 1-18-2022)

Sale and/or possession and/or consumption of alcoholic beverages shall not be allowed upon the premises of any Tulare City Park, including adjoining parking lots, except that the sale of beer and wine may be sold and consumed on premises of Zumwalt Park in the City of Tulare pursuant to the following regulations and policies. (A) Sale, possession and consumption shall be limited to beer and wine only. (B) Beer and wine sales shall be limited to public, quasi-public and/or non-profit organizations. (C) Events must be open to the general public. Closed or private events will not be issued a permit. (D) Applicant must obtain license from the Department of Alcohol Beverage Control pertinent to the date(s) of event. (E) A minimum of two security guards shall be required for all events. One guard shall be stationed at each point of alcohol sale. In the event attendance is anticipated to exceed 200, one additional guard shall be required for each additional 100 persons. (F) Cup size for beer sales shall be limited to 12 ounces and cup size for wine shall be limited to ten ounces. The sale of wine by the bottle is prohibited. (G) There shall be a two cup limit at each purchase. (H) Beer gardens are not mandatory but may be required by the Director given the nature/type of event. (I) Applicants shall furnish city with a $1,000,000 Liquor Liability Insurance Certificate naming the City of Tulare as an additional insured. (J) Bring-on alcohol may be approved at the discretion of the Director. (K) Alcohol sales may not extend beyond 9:00 p.m. (L) The Director may impose additional requirements and/or restrictions as may be appropriate under the circumstances of the event. (1995 Code, § 8.36.270) (Ord. 2021-06, passed 1-18-2022; Ord. 05-1978, passed 8-3-2005; Ord. 95-1769, passed - -1995)

No person shall operate, conduct or otherwise promote or sponsor activities that would result in personal gain, either financially or otherwise. (1995 Code, § 8.36.280) (Ord. 2021-06, passed 1-18-2022)

The sale of food and/or nonalcoholic beverages may be permitted at a park providing the sale of food and/or beverage is not done so for personal gain or advantage and is done so in conjunction with a bona fide activity for which a permit has been issued by the Director. All food served, catered or otherwise presented, must comply with city, county and state health ordinances, codes and/or regulations. (1995 Code, § 8.36.290) (Ord. 2021-06, passed 1-18-2022)

The Director may establish and post regulations governing the use of park facilities which are not inconsistent with the regulations contained in this chapter and which promote public health and safety and the preservation of property. (1995 Code, § 8.36.300) (Ord. 2021-06, passed 1-18-2022)

Within any park, no person shall use sound amplification equipment without a permit from the Director. (1995 Code, § 8.36.310) (Ord. 2021-06, passed 1-18-2022)

If any section, division, sentence, clause, phrase or portion of these regulations is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision, and the holdings shall not affect the validity of the remaining portions thereof. (1995 Code, § 8.36.320) (Ord. 2021-06, passed 1-18-2022)

No person in a park or on public or private property adjacent to a park shall produce, suffer or allow to be produced any loud noise from a radio, stereo, tape deck or other means, which noise disturbs the peaceful quiet enjoyment of any person in a public park. (1995 Code, § 8.36.330) (Ord. 2021-06, passed 1-18-2022)

This policy shall ban the presence of bottles and glass containers in public parks, including adjacent parking lots. (A) It is unlawful for any person to possess any beverage container made of glass in any city park or playground or to bring, carry or transport any beverage container made of glass into any city park or playground. (B) A first violation of this section shall constitute an infraction punishable by a fine not exceeding $25; a fine not exceeding $100 for a second violation within one year of the first; and a fine not exceeding $250 for each additional violation within one year of the first. (1995 Code, § 8.36.340) (Ord. 2021-06, passed 1-18-2022)

The sale of food and nonalcoholic beverages in public parks, by non-profit community based clubs and organizations and commercial vendors are permitted as part of an event sponsored by a community based non-profit group. The commercial vendor must receive prior approval of the department and obtain the appropriate permits. Conditions of sales shall include: (A) Business license and compliance with applicable health codes; (B) Filing of a department application; (C) Motorized commercial concessionaires must obtain a special permit and be stationed in areas designated by the Department; (D) In the case of sporting events by non-profit groups, concession areas will be established for each athletic field in areas designated by the Department; and (E) All food served, catered or otherwise, must comply with city, county and state health ordinances, codes and/or regulations. (1995 Code, § 8.36.350) (Ord. 2021-06, passed 1-18-2022)

No persons shall sleep or protractedly lounge on the seats, or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct, or behavior tending to breach the public peace. (1995 Code, § 8.36.360) (Ord. 2021-06, passed 1-18-2022)

Parks may be made available for the exclusive use of bona fide public and tax exempt organizations within the Tulare service area and for activities sponsored by or supported financially or otherwise by the city, subject to the issuance of a permit by the Director. Organizations and groups may conduct fundraising activities only for community projects, charitable projects or educational projects. (1995 Code, § 8.36.370) (Ord. 2021-06, passed 1-18-2022)

Any person convicted of violating §§ 8.36.250 or 8.36.260 is guilty of an infraction, and upon conviction thereof shall be punished by a fine of $50 for the first offense; a fine of $100 for the second offense, and a fine of $150 for each additional offense. Upon the third offense the city shall have the right to seize the subject property of the offending party and the owner of said property forfeits all rights to recovery or reimbursement thereto. (Ord. 2021-06, passed 1-18-2022; Ord. 08-13, passed 7-15-2008)