Twentynine Palms Municipal Code Ch. 11.60 Use of Park Facilities

The City Council declares that the City of Twentynine Palms' public parks are provided and maintained for active and passive public recreation and for City-sponsored recreational, cultural, civic and social activities, programs and events. This chapter is designed to ensure the maximum safety and enjoyment of the parks by residents and visitors.

(Ord. No. 288, § 1, 5-28-2019)

Unless the context in which used requires otherwise, the following words and phrases shall have the meaning set forth in this section when used in this Chapter. Variants of defined terms shall be construed in the same manner set forth herein for the defined terms themselves.

(a) "Applicant" means the individual or organization that shall be responsible for all rental fees, deposits, and compliance with facility use requirements in a transaction involving the reserved use of City facilities.

(b) "Bounce House" means an inflatable apparatus designed for use as a slide or for jumping; also referred to as a "jumper" or "bouncer."

(c) "Building" means to public buildings owned, leased and/or managed by the City of Twentynine Palms.

(d) "Council" means the elected City Council of the City of Twentynine Palms.

(e) "Department" means the City of Twentynine Palms Community Services Department unless otherwise specified.

(f) "Director" means the Director of Community Services of the City of Twentynine Palms or his/her designee.

(g) "Facility" means the City of Twentynine Palms parks, buildings and rooms and other spaces within the parks and buildings.

(h) "Knife or dagger" means any knife or dagger having a blade of three (3) inches or more in length; any ice pick or similar sharp stabbing tool, and any straight-edge razor blade tilted to a handle.

(i) "Park" means all developed or undeveloped facilities owned or leased by the City of Twentynine Palms and designated for recreational purposes or conserved for scenic or historical interest, including the landscaping and recreational elements of such facilities.

(j) "Park Authority" means the Director acting on behalf of the City of Twentynine Palms Council.

(k) "Permit" means written authorization for use of a park or recreation facility, or any portion thereof, pursuant to the provisions of this chapter.

(l) "Skate Park" means any facility or structure designed specifically for use by skateboarding, in-line skating, and roller skating which has been designated by the City as a "skate park."

(m) "Vehicle" means any device by which any person or property may be transported, propelled, moved or drawn, excepting a device moved by human power.

(Ord. No. 288, § 1, 5-28-2019)

No person shall enter, be, or remain in any park or facility unless he/she complies at all times with all of the City Ordinances and Regulations applicable to such park or facility and with all other applicable laws, ordinances, rules and regulations.

(Ord. No. 288, § 1, 5-28-2019)

(a) Park Hours. The City of Twentynine Palms parks shall be open daily to all persons from 6:00 am until 11:00 pm. No person shall remain in any park between the hours of 11:00 pm and 6:00 am without written permission from the Director.

(b) Bounce Houses. Users of bounce houses at City parks and facilities are subject to the following conditions and requirements:

(1) All users must receive the written approval of the Director prior to setting up a bounce house or similar apparatus.

(A) A copy of the bounce house rental agreement and verification of insurance coverage (naming the City as an additional insured) shall be provided to the Department.

(B) The specific location of the bounce house shall be identified.

(C) If stakes are to be used for bounce house set-up or tethering, the specific locations of stakes shall be identified.

(2) Bounce houses shall be set up by qualified representatives of the bounce house rental company.

(3) Bounce house users shall be responsible for providing a generator for inflation and deflation of the apparatus.

(4) Bounce houses shall not be set up or remain set up in excessively windy or other adverse weather conditions.

(5) The duration of the set up time shall not exceed four (4) hours for any bounce house set up on grass.

(6) Bounce house users shall provide sufficient supervision so that the use is in compliance with the manufacturer's recommendations and reflects a reasonable level of safe operation.

(7) The applicant shall be responsible for any damage to City property resulting from said use.

(c) Damaging Property Prohibited. No person shall disturb, destroy, remove or injure any property in any public park. No person shall cut, carve, paint, or mark on any tree, fence, wall, building monument or other property within park boundaries. No person shall paste or fasten any bill, advertisement or inscription in any park without the prior written permission of the Director.

(d) Damaging Plant Life, Animals and Historic Material Prohibited.

(1) Except when permission is granted by the Park Authority, no person shall willfully pull from the ground, tramp, cut or pick flowers, leaves, limbs or branches or other parts from, or otherwise injure, destroy or deface any vine, bush, tree or plants of any kind, either living or dead, within the boundaries of any City park.

(2) Except when written permission is granted by the Park Authority, no person shall remove, harm, alter or destroy any animal, reptile or bird, including nests and eggs; or remove or destroy articles or artifacts of historical, archaeological, botanical or paleontological nature or geological or mineral resources in or from any park.

(e) Animal Regulations.

(1) Except for service animals, no person shall bring, transport, hitch, ride or let lose any animal or fowl in any City park. Notwithstanding the foregoing, dogs shall be permitted only in those City parks that are specifically designated as "dog parks."

(2) No person shall leave a dog, cat or other animal unattended within the boundaries of any park.

(3) With the exception of service animals in use, no dog, cat or other animal is permitted in the area of a public pool, in any public restroom facility, or any other structure at a public park.

(4) No person shall permit a dog, cat or other pet to remain outside a tent, camper or vehicle during the night.

(5) After being requested by any City representative to remove any animal from a park, no person shall remain in any park with a noisy, vicious or dangerous dog or other animal.

(6) Pets or other animals are not permitted in the immediate area of any special events taking place within park boundaries unless specific provisions have been made by the Park Authority. Service animals are not subject to these restrictions.

(7) Exceptions to these requirements may be issued by the City in conjunction with certain authorized activities and subject to reasonable conditions.

(f) Skate Park Regulations.

(1) City skate park facilities are open for public use daily from dawn until 10:00 p.m.

(2) No person shall use the skate park for purposes other than skateboarding, in-line skating, or rollerblading.

(3) No person shall possess, use or be under the influence of alcohol or drugs while using the skate park or surrounding park areas.

(4) Glass containers are not permitted in the designated skateboarding/skating areas.

(5) No additional obstacles may be placed on the designated skateboarding/skating areas.

(6) Skate park users are required to wear properly fitted and fastened helmets, kneepads, wrist guards, and elbow pads at all times.

(g) Operation of Vehicles.

(1) No person shall drive or otherwise operate a vehicle in any park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except on temporary parking areas as may be designated from time to time by the Park Authority. This prohibition does not apply to vehicles in the service of the City, animal control vehicles, law enforcement vehicles and motorized wheelchairs.

(2) No person shall park any vehicle within a park except for the duration of his/her visit to the park. No person shall leave or park any motor vehicle at any place other than places designated for vehicle parking.

(3) The provisions of the California Vehicle Code are applicable in the City parks and all violations of the Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof.

(h) Prohibited Activities.

(1) No person shall sell or offer to sell or engage in the business of soliciting, selling, fortune telling, or peddling any foods or beverages in any park unless specifically authorized in writing by the Park Authority.

(2) No person shall distribute flyers, circulars or advertisements, peddle or vend any goods, wares, or merchandise within the boundaries of any park unless authorized in writing by the Park Authority.

(3) No gambling of any kind shall be permitted within the boundaries of any park.

(4) Public Nudity and Disrobing. No person shall publicly appear nude or disrobe while in any area of any park except in authorized areas of buildings set aside for changing clothes.

(5) Abusive Language, Disorderly Assemblage, Disturbance.

(A) No person shall use threatening, abusive, boisterous, insulting or indecent language or make indecent gestures in any park.

(B) No person shall conduct or participate in a disorderly assemblage in any park.

(6) Alcoholic Beverages. No person shall possess any can, bottle or other receptacle containing any alcoholic beverage that has been opened, with a seal broken, or the contents partially removed, without a permit issued by the Director.

(7) Fireworks. No person shall possess, discharge, set off, or cause to be discharged in or into any park, firecrackers, sparklers, torpedoes, rocket fireworks, oil, explosives, or any other substance potentially harmful to the life and safety of persons or local fauna and flora.

(8) Rubbish.

(A) No person shall deposit, place, throw, or in any manner dispose of any rubbish, trash, garbage, or any other material which is or might become injurious to the health of any person, in or upon any park except in containers provided for that purpose by the Park Authority.

(B) No person shall import and deposit any trash, rubbish or debris from other places onto any area of any park.

(C) No person shall deposit or cause to be deposited any waste, water, sewage or effluent from sinks, portable toilets, or other plumbing fixtures directly into or upon the surface of the ground or water.

(9) Hunting. No person shall hunt or trap in any park.

(10) Fires.

(A) No person shall light, build or maintain any fires in any park, except in portable barbecues, camp stoves, or stoves provided in designated areas by the Park Authority.

(B) No wood shall be cut or gathered in any park.

(C) No person shall smoke in any area prohibited for that purpose and so posted.

(11) Firearms.

(A) No person shall possess or carry a firearm with a cartridge in any portion of the mechanism (except any Federal, State, County, or local law enforcement officer in the performance of his/her official duties) within the boundaries of any park.

(B) No person shall discharge across, in, or into, any portion of any public park, a firearm, bow and arrow, or air or gas weapon, or any device capable of injuring or killing any animal, or damaging or destroying any public or private property.

(Ord. No. 288, § 1, 5-28-2019)

(a) Applicants shall apply for the reserved use of City parks and facilities at least fourteen (14) days and no more than thirteen (13) months prior to any proposed event.

(b) Applicants shall complete and return a facility use application, as provided by the Department, and submit all required diagrams, deposits, permits, contracts, and insurance documents to Department at least fourteen (14) days prior to the date of requested use. If approved, the Department shall issue a permit and any required conditions of use to the Applicant no less than seven (7) days prior to the event.

(c) Applicants shall notify the Department of any cancellation at least forty-eight (48) hours prior to the scheduled event or activity. Failure to give the required notice may result in forfeiture of the deposit in the sole discretion of the Department.

(d) Park Authority reserves the right to refuse to issue a permit to any Applicant who has previously not complied with the requirements and/or regulations of this Chapter. The grounds for the denial of the permit applied for shall be specified in writing. The decision of the Park Authority may be appealed to the City Manager within fifteen (15) days of the date of said decision.

(e) Without the written permission of Director, no Applicant shall place signs, banners, or other such materials in or on parks or facilities, which signs, banners or materials shall be requested in the facility use application.

(Ord. No. 288, § 1, 5-28-2019)

The Director shall have the primary responsibility for the enforcement of this Chapter. Members of the San Bernardino County Sherriff's Department are hereby authorized to enter all public parks and facilities to maintain public order, to prevent, remedy and/or take other appropriate action with respect to violations of the provisions of this Chapter or of other applicable laws or regulations.

(Ord. No. 288, § 1, 5-28-2019)

(a) Any person violating or causing or permitting the violation of any regulation set forth in subsections H(6), (7), (9), (10) or (11) of Section 11.60.040 of this Chapter shall be guilty of a misdemeanor and is punishable as such in accordance with the provisions of subsection 11.02.040A of the City of Twentynine Palms Municipal Code.

(b) Any person who violates any other subsection or section of this Chapter shall be guilty of an infraction and is punishable as such in accordance with the provisions of section 11.02.040B. of the City of Twentynine Palms Municipal Code.

(c) Expulsion. In addition to any other penalty for violation of this Chapter, the Director or his or her designee may require the violator to immediately leave the park or facility and remain out of all City parks, and facilities for the remainder of the day on which the violation occurred.

(Ord. No. 288, § 1, 5-28-2019)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a final determination of a court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have enacted this Chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases might be declared invalid or unconstitutional.

(Ord. No. 288, § 1, 5-28-2019)