Tustin Municipal Code Ch. 1 Parks

It shall be unlawful for any person to be in North Tustin Parkette, sometimes known as Santa Clara Parkette located at Santa Clara Avenue, east of the Newport Freeway, except the following:

(a) Persons under the age of thirteen (13) years

(b) Any adult accompanying a member of his family under the age of (13) years.

(c) Authorized City public safety, maintenance, Park and Recreation Department and other City personnel.

(Ord. No. 562)

a Closing of Parks and Playgrounds

It shall be unlawful for any person to go on, be in, loiter or remain in, on, within or upon any park, or playground of the City of Tustin between the hours of 10:00 P.M. and 6:00 A.M. or during any period of time which shall have been designated by resolution or minute order of the City Council as a period when such facility shall be closed; provided, however, that special permits to occupy and use particular parks and playgrounds during such hours may be issued by the City Administrator pursuant to the procedures and standards prescribed in Section 7113b of the Tustin City Code. (Ord. No. 666, Sec. 1)

b Posting Signs

Signs prescribing the hours that a particular facility is closed shall be posted.

(Ord. No. 666, Sec. 1)

The following activities, sports and uses are hereby prohibited at any park, or playground:

(a) Sale, possession or use of fireworks.

(b) Sale, possession or use of narcotics.

(c) Sale, possession or use of alcoholic beverages except upon written permit duly issued by the Director of Community Services as provided in Section 6310.

(d) Gambling.

(e) Safe, possession or use of firearms or weapons of any kind, including, but not limited to, air rifles, slings, knives or clubs.

(f) Littering, defacing or damaging of property.

(g) Giving private lessons for commercial purposes.

(h) Use of abusive or profane language.

(i) Smoking or use of any tobacco product or cannabis as set forth in Article 4, Chapter 1, Part 2 of this Code.

(Ord. No. 666, Sec. 1; Ord. No. 856, Sec. 2, 8-17-81; Ord. No. 1485, § 3, 10-3-17)

a Activities Enumerated

The activities hereinafter set forth in this Section may only be conducted in any park or playground, upon obtaining a permit therefor as provided herein, and only when conducted in complete conformity with such permit and compliance with all of its terms, conditions and restrictions:

(1) Archery

(2) Camping

(3) Golf

(4) Motorized vehicles

(5) Powered model crafts or rockets

(6) Any open fire except in designated barbeque pits, grills or stoves

(7) Permitting the presence of any animal

(8) Advertising or selling merchandise

(9) Use of any sound amplifying equipment

(10) Assemblies or rallies with in excess of 35 persons.

b Permit Procedure

A permit for any of such activities may be obtained upon written application to the City Administrator. The City Administrator shall consider whether the time place and manner of the proposed use will pose a danger threat or likelihood of detriment to the health, safety or general welfare of the community and shall balance the interest of the applicant against the general public welfare. Upon the determination that there will be no substantial likelihood of detrimental effect, the City Administrator shall give a written approval of the application upon such terms, restrictions, limitations and conditions as he shall reasonably determine to be appropriate to afford proper protection.

(Ord. No. 666, Sec. 1)

a Purpose and Intent

The Tustin Civic Center Plaza, including all public plazas, parking lots, parkways and other publically owned or controlled property therein should be readily accessible and available to residents, businesses, and the public at large. The purpose of this section is to maintain these public areas within the City in a clean, sanitary, safe, and accessible condition, to adequately protect the health, safety, and general welfare of the community, and to ensure that the Tustin Civic Center Plaza is used for its intended purpose and remains accessible to all citizens, businesses and visitors in the City. Nothing in this section is intended to interfere with otherwise lawful and ordinary uses of public property.

b Definitions

For the purpose of this section and unless the particular provisions or the context otherwise requires, the following words and phrases shall have the meanings ascribed to them herein as follows:

"City Hall" means the Tustin City Hall located at 300 Centennial Way, Tustin, CA 92780.

"Library" means the Tustin branch of the Orange County Public library system, located at 345 East Main Street, Tustin, CA 92780.

"Police Department" means the Tustin Police Department located at 300 Centennial Way, Tustin, CA 92780.

"Tustin Civic Center Plaza" means the exterior open public areas generally bounded by Centennial Way to the East; East Main Street to the South; South Prospect Avenue, and the parcels of private properties identified as 217-249 Preble Drive, and 309 East 3 rd Street to the West; and East 3 rd Street and the parcels of private property identified as 380-436 East 2 nd Street, and 190 Centennial Way to the North. The Tustin Civic Center Plaza is owned and controlled by the City and for purposes of this section does not include the sidewalks adjacent to the public areas described herein. The specific area that comprises the Tustin Civic Center Plaza is more precisely identified in the map located at subsection (g) (Figures) of this Section.

c Prohibited Conduct Generally

The following activities and uses are prohibited in any area within the Tustin Civic Center Plaza:

(1) To remain, stay or loiter in or on any portion of the Tustin Civic Center Plaza between the hours of 12:00 a.m. and 5:00 a.m., or during any period of time which shall have been designated by resolution or minute order of the City Council as a period when the Tustin Civic Center Plaza shall be closed;

(2) To cut, break, injure, deface, move or disturb any tree, shrub, plant, rock, building, cage, monument, fence, bench, chair, table, electronic plugs/switches or other structure, apparatus or property; or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or to mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; or to cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer;

(3) To stand, sit, lie, or otherwise enter into any landscaped area. This shall not prohibit entry into such areas for purposes of maintenance or upkeep of any landscaped areas as authorized by the City;

(4) To make, kindle, or otherwise maintain a fire;

(5) To wash dishes or to empty water or other waste liquids elsewhere than in the sinks provided for such purposes; provided, however, that nothing contained herein shall be deemed to authorize the dumping or disposal of any waste which is otherwise prohibited by any other law;

(6) To leave garbage, cans, bottles, papers or other refuse in any place other than in the receptacles provided therefor;

(7) To carry or discharge any weapons or firearms of any kind, including, but not limited to, knives, firecrackers, rockets, torpedoes or any other fireworks, air guns or slingshots;

(8) To play or bet at any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit, or any other representative of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming;

(9) To disturb in any manner any meeting, service, permitted party, exercise or exhibition conducted within the Tustin Civic Center Plaza area, or within any of the structures located thereon, provided that this provision shall not prohibit any person, group, or entity from exercising any rights protected by the First Amendment to the United States Constitution;

(10) To sell or offer for sale any merchandise, article or thing, whatsoever, without first obtaining permission from the City Council or a permit from the Parks and Recreation Department;

(11) To practice, carry on, or conduct any trade, occupation, business, or profession; provided that this subsection shall not apply to any activity occurring as an integral part of an event for which a permit has been approved pursuant to this chapter;

(12) To enter into any area of the Tustin Civic Center Plaza bordered by a fence, blockade, or other device without the express authorization of the City Manager or his or her designee;

(13) To bathe, swim, wade-in, or pollute the water of any public fountain or well.

d Exceptions

The prohibition of Section 7114(a)(1), "To remain, stay or loiter in or on any portion of the Tustin Civic Center Plaza between the hours of 12:00 a.m. and 5:00 a.m., or during any period of time which shall have been designated by resolution or minute order of the City Council as a period when the Tustin Civic Center Plaza shall be closed" shall not apply to any of the following:

(1) Personnel of the City of Tustin, including any staff, employees, council members, volunteers, agents, or other contractors authorized by the City to be present in the Tustin Civic Center Plaza to engage in City business;

(2) Personnel of the County of Orange public library system, including any staff, employees, supervisors, volunteers, agents, or other contractors authorized by the County to be present in the Tustin Civic Center Plaza to engage in the business of the Orange County Public Library system;

(3) To any period of time within the 30 minutes immediately following any regularly scheduled public meeting or event, or any other meeting, event, or proceeding conducted pursuant to a permit issued by the City, which takes place within the Tustin Civic Center Plaza, or any building located thereon;

(4) To any person(s) within the Tustin Civic Center Plaza for purposes of contacting the tustin Police Department.

e Posting of Signs

Signs prescribing that the Tustin Civic Center Plaza will be closed between the hours of 12:00 a.m. and 5:00 a.m. shall be clearly and conspicuously posted in a manner approved by the Director of Public Works.

f Violations

Any violation of the provisions of this section is unlawful and a public nuisance, which may be prosecuted pursuant to the provisions of Part 2 of Chapter 2 of Article 1 of this Code.

g Figures

The area outlined in red in the following figure delineates the boundaries of the Tustin Civic Center Plaza as described in subsection b of this Section:

[Figure]

(Ord. No. 1488, Sec. 1, 11-21-17)

a. In addition to the general park rules and regulations provided in this chapter, the following provisions shall apply to any City skatepark. As used in this section, the term "skatepark" shall mean any facility owned and operated by the City of Tustin that is designed and maintained for recreational skateboard, scooter, bicycle, in-line skate, roller skate, and/or wheelchair use:

(1) No person shall utilize the skatepark for anything other than skateboard, scooter, bicycle, in-line skate, roller skate and/or wheelchair use. Motorized conveyances, whether electric or gas powered, are prohibited.

(2) Spectators are not allowed inside the skatepark.

(3) All persons using the skatepark must wear a helmet, elbow pads, and knee pads.

(4) No person shall place, position, erect, or use any outside equipment, obstacles, ramps, rails, or other similar objects inside the skatepark.

(5) Except for recreation instructors employed or contracted by the City, no person or entity shall provide instruction, coaching, or teaching at the skatepark for any fee or compensation. No person shall pay another person at the skatepark for instruction, coaching or teaching.

(6) No person or entity shall organize any group activity, demonstration, event, or competition at the skatepark without prior written permission from the Director of Parks and Recreation.

(7) No person shall consume or possess food, beverages, glass bottles, or any breakable glass item in the skatepark.

(8) Notwithstanding any posted hours of operation, the Director of Parks and Recreation may, at their discretion, close the skatepark due to inclement weather or as may be needed for maintenance.

(9) Skateboarding, scootering, bicycling, skating, or wheelchair riding outside the designated skatepark area in a City park is prohibited. This prohibition does not apply to the use of such devices as a means of transportation.

The Director of Parks and Recreation is authorized and empowered to enact rules and regulations in addition to those set forth herein regulating the use of any skatepark which they deem appropriate, provided that signs describing such rules and regulations are posted and placed at each skatepark.

b. Posting of Signs.

Signs shall be posted in one (1) or more conspicuous and visible area(s) at the skatepark to afford reasonable notice of the provisions of this Section, and that pursuant to California Health and Safety Code Section 115800, any person using the skatepark must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation.

c. Enforcement.

(1) The privilege of any person to use the skatepark is expressly conditioned upon compliance with the provisions of this Section. Any violation of the provisions of this Section is unlawful and may be prosecuted pursuant to the provisions of Part 2 of Chapter 1 of Article 1 of this Code.

(2) Any violation of any provision of this Section shall subject the violator to immediate evection from the skatepark and/or citation and prosecution.

(Ord. No. 1506, Sec. 1, 4-21-20)