Walnut Creek Municipal Code Art. 5 Prohibitions

No one shall operate any sound amplification equipment in any park without a valid permit issued by the Director.

For purposes of this section "sound amplification equipment" does not include radios, tape players or televisions tuned so that the sound does not carry more than 10 (ten) feet from the speaker.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

No one shall organize, host, sponsor or attend any activity in any park at which the number of persons attending exceeds 20% of the park's total capacity unless a valid permit has been issued for said activity by the Director.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. No person shall build, light or maintain in any park any outdoor fire except in those facilities provided and so designated for that purpose.

b. No person who builds, lights or maintains any fire in any park shall leave the area where the fire is built, lit or maintained until the fire has been extinguished and is cold to the touch.

c. No person shall ignite, use or possess any fireworks in any park or have the same in his possession at any time in any park.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

No person shall camp or lodge in a motorhome or otherwise, within any park, without a valid permit issued by the Director. The Director may designate certain areas within any park where camping or overnight motorhome parking is allowed.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

No person, except for those persons listed in Penal Code Section 12031(b) and 12031(c) shall have in his possession in any park any firearm, gun, spear, bow and arrow, cross bow, sling shot, air or gas weapon or any other destructive device as that term is defined in Section 12301 of the Penal Code without a valid permit issued by the Director. Such permits shall be issued for the following purposes only:

a. The Director may permit the use of specified weapons for purposes of target practice at specified target practice locations, which locations shall be clearly posted.

b. The possession of firearms or other destructive device by open space permittees, or at a place of residence located within open space areas for the purposes of protecting and managing livestock.

c. The possession of unloaded firearms or destructive devices on public roads solely for the purpose of transporting such firearms or weapons through parks or open space.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. No person, other than an open space grazing permittee, shall set out food intended for any wild or tame animal, bird, fish or reptile, in any park except at feeding stations so designated by the Director.

b. No person shall abandon any animal, bird, fish or reptile in any park.

c. No person shall hunt, capture, disturb, trap, take, net, poison or harm or attempt to hunt, capture, disturb, trap, take, net, poison or harm any land or water animal in any park except where specifically allowed by regulation of the Director and where so designated by appropriate signs. All state fish and game laws and regulations shall be in force in all parks.

d. No person shall remove the young or the unhatched eggs of any wild animal or bird found in any park without a valid permit issued by the Director.

e. Horses and other equine animals may be ridden or led only in those areas of parks designated for such use.

f. No person shall pick, damage, remove or destroy any tree, plant or plant material.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. No person shall bring a dog into, permit a dog to enter or remain in or possess a dog in any portion of a park unless the dog is securely leashed or confined in a vehicle, except as otherwise provided in this section. The Director may designate hours during which, and specific park areas in which, dogs may be allowed off leash when accompanied by, and under positive control of, the person bringing the dog into the park. "Positive control" shall mean in sight of and under direct obedient command of the person bringing the dog into the park.

b. Dogs may be allowed off leash in open space areas when accompanied by, and under the positive control of, the person bringing the dog into the open space.

c. Notwithstanding subsections (a) and (b), the City Council may by resolution designate specific open space areas where no person shall bring a dog, permit a dog to enter, or remain, or possess a dog, or where dogs may be permitted only if securely leashed.

d. This section shall not apply to "seeing eye," "signal," or "service" dogs used to guide a physically impaired person provided that such dog shall remain under their immediate control. This exception also applies to those dogs that are being trained to become "seeing eye," "signal," or "service" dogs.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996; § 1, Ord. 1893, eff. 8/6/1996)

No person shall graze cattle, sheep, goats, or any other animal in any park without a valid permit issued by the Director.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

No person shall swim or engage in any other water contact activity in any park except in those areas so designated by the Director where appropriate signs have been place. "Other water contact activity" includes any activity in which a person enters into a body of water and includes, but is not limited to, diving, wading, paddle boarding, boating, rafting and snorkeling.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

No person shall operate a still, motion picture, video or other camera for commercial purposes in any park except pursuant to a valid permit issued by the Director authorizing such activity. This section shall not apply to the operation of cameras by and for the news media.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

No person shall practice, carry on, or conduct any business or profession or other commercial enterprise nor sell or offer for sale any service, merchandise, article, or anything whatsoever in any park except by permit issued by the Director and subject to all other provisions of this Code.

This section shall not apply to concessionaires of the City or to persons acting under a lease or license issued by the City.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

Repealed by §3, Ord. 2230, eff. 4/6/23.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

No person shall ignite or smoke any tobacco or tobacco product or any other material in any park designated by the Director as a fire hazard area, or in any area where risk of fire is substantial whether such area has been posted or not.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

No person shall consume any alcoholic beverage in any area of a park, including parking lots associated therewith, where the consumption of alcohol has been prohibited by the Director.

Except in private residences and their immediate environs, no person shall consume any distilled spirits as that term is defined by Section 25620 of the Business & Professions Code, in any City park, except by permit issued by the Director.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. No person, except for peace officers and City employees acting in the course of their employment shall drive or convey any vehicle onto the park grounds except by permit issued by the Director; for the purposes of this section park grounds shall include all areas within all parks except for roadway and parking lots intended for public use.

b. All sections of the California Vehicle Code in effect in the City of Walnut Creek and the provisions of Title 3, Chapter 5 of this Code shall be enforced in City parks.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. Bicycles. All sections of this code and the State Vehicle Code pertaining to the use and maintenance of bicycles shall be enforced in City parks.

1. No person shall ride or operate a bicycle within a park:

(a) in a negligent, unsafe or reckless manner or in any way that endangers the life, limb or property of any person;

(b) at a speed greater than is reasonable or prudent having due regard for weather, visibility, other trail or road users and the surface and width of the trail or road, and in no event at a speed which endangers the safety of persons or property, or in excess of posted bicycle speed limits;

(c) on a single-track hiking or horseback trail unless specifically posted as open to bicycle use; or

(d) in any open space area, including but not limited to, open space hillsides, valleys, creeks, creekbeds, drainage areas, and ridgetops unless specifically posted as open to bicycle use.

2. Bicycles are permitted on paved roads, paved bicycle trails and unpaved graded road over 8 (eight) feet in width, unless otherwise posted.

b. Skateboards. No person shall ride a skateboard within any park except in those areas specifically designed and posted for skateboarding by the Director.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1751, eff. 11/9/1990; § 3, Ord. 1855, eff. 3/23/1995; § 1, Ord. 1874, eff. 1/11/1996)

No person shall place or dump any grass clippings, tree or shrub prunings, rubbish, garbage or other refuse in any park, except for garbage from food or drink consumed in the park or open space which shall be placed only in receptacles provided for such purpose.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

Any person who violates any provision of Chapter 1 of Title 11 of this Code shall be deemed guilty of a misdemeanor or an infraction.

a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in Section 1-2.01 of this Code.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

Any person who damages, removes or destroys any tree in any Park in violation of Section 11-1.506(f) of this Chapter shall be liable to the City for a civil penalty of three (3) times the damage caused to the tree, or One Thousand Dollars ($1,000.00), whichever is greater. For purposes of calculating the damage to a tree, the then-current edition of the "Guide for Establishing Values of Trees and Other Plants" by the Council of Tree and Landscape Appraisers shall be presumed to provide the appropriate basis for determining damages. The foregoing remedy shall be deemed non-exclusive, cumulative and in addition to any other remedy the City may have it law or in equity.

(§ 8, Ord. 1712, eff. 12/1/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. Upon receiving the certificates described in subsection (b), the Open Space Supervisor, Senior Open Space Rangers and Open Space Rangers are hereby vested with the authority to cite and arrest any person who violates any of the provisions of this Title, the provisions of the Municipal Code relating to parking, the State of California Fish and Game Code, and the provisions of the California Vehicle Code relating to parking.

b. Upon completing training by the Walnut Creek Police Department in the powers of arrest, the Chief of Police shall issue a certificate of completion to the employees designated in subsection a.

(§ 21, Ord. 2046, eff. 12/1/2005; § 4, Ord. 1985, eff. 12/20/2001)