West Covina Municipal Code § 16-17 Definitions

Footnotes:

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Editor's note— Ord. No. 2129, § 1, adopted Feb. 15, 2005, amended Art. II in its entirety to read as herein set out. Former Art. II, §§ 16-16—16-29, pertained to similar subject matter, and was derived from Ord. No. 1770, § 1, adopted Feb. 22, 1988.

The rules and regulations set forth in this article shall govern the public parks and public places of the city.

(Ord. No. 2129, § 1, 2-15-05)

For purposes of this article, the following terms shall have the indicated meanings:

Alcoholic beverage concession facility shall refer to any facility, stand, booth, table, counter, or similar structure located in a public park where alcoholic beverages are offered, sold, consumed, purchased, or prepared.

Director shall refer to the city community services director or authorized designee.

Electronic smoking device means an electronic or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances, whether as a vapor or a gas. Electronic smoking device includes any such device, whether manufactured, distributed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or any other product name or descriptor. Electronic smoking device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.

Maintenance district open spaces means the hillsides adjacent to residential developments that are maintained by the city with tax funds provided by the residential developments and that are open to the public.

Marijuana shall have the same meaning as that set forth in California Health and Safety Code section 11018.

Medical marijuana means marijuana used for medical purposes in accordance with California Health and Safety Code section 11362.5.

Open spaces means the paseos, maintenance district open spaces and green spaces, with or without walking paths, accessible to the public, and that are owned, operated or maintained by the City of West Covina or any of its related bodies, or over which the public has an easement, license or other right to access and use.

Paseos means the sidewalk/green belt systems that connect parts of communities and city parks within the Woodside Village Master Plan.

Public facility means any building or structure that is owned, leased or operated by the City of West Covina, and shall include the building or structure's outdoor areas and parking.

Public park shall include every park, roadside rest, golf course, riding and hiking trail and public recreation facility owned, managed or controlled by the city.

Public place shall include but not be limited to the West Covina Civic Center, open spaces and public facilities.

Smoke or smoking means and includes any of the following:

(1) The consumption of tobacco, marijuana, medical marijuana, or any other weed, plant, or substance by intentionally burning, inhaling, or ingesting the tobacco, marijuana, medical marijuana or other weed, plant or substance. The definition of smoking also includes the intentional consumption of gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the purpose of the combustion, electrical ignition or vaporization is the intentional inhalation of the gases, particles or vapors for the consumption of tobacco, marijuana, or any other weed, plant, or substance. Smoke does not mean the combustion of material solely for olfactory purposes that does not contain any tobacco, nicotine or marijuana. It also does not mean the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating, treating or preventing disease.

(2) The holding or carrying of a lighted smoking device; or

(3) Emitting or exhaling the smoke directly from a cigar, cigarette, pipe, any other lighted smoking device or an electronic smoking device.

Special alcoholic beverage permit shall refer to the required city-issued permit for the lawful operation of an alcoholic beverage concession facility in a public park.

Traffic authority shall mean the Traffic Committee of the City of West Covina as established by section 22-46 of this Code.

(Ord. No. 2129, § 1, 2-15-05; Ord. No. 2314, §§ 1, 2, 3-7-17)

Within the limits of any of the public parks or public places of the city, no person shall do any of the following acts:

(a) Remain, stay or loiter in any public park, public place or building therein, between the hours established by resolution of the city council and posted, except with the written permission from the director;

(b) Light or maintain any fire except in a stove, fire circle or other place provided for that specific purpose;

(c) Possess, carry or discharge any firearms, firecrackers, rockets, explosives or any other fireworks, air gun, bow and arrow, or sling shot;

(d) Throw, project or propel any object capable of causing personal injury or damage to personal property;

(e) Ride upon, propel or park a skateboard, roller skates, coaster, scooter or bicycle where the traffic authority has posted signs in the manner set forth in section 22-82 of this Code, to prohibit such activity.

(f) Throw, discard, place or dispose of any garbage, or refuse in any place other than a garbage can or other receptacle maintained for that specific purpose;

(g) Discard any large items, such as sofas, mattresses, appliances or construction materials in public trash bins;

(h) Pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof growing therein; or cut, break, deface, or injure any building, monument, sign, fence, bench, equipment, or property therein; or cut or remove any wood, turf, grass, soil, rock, sand, or gravel;

(i) Swim, bathe, wade in or pollute the water of any fountain, pond, lake, or stream, or commit any nuisance in or near such water or in any manner pollute the same;

(j) Camp or lodge therein, except with written approval from the community services director, requested ten (10) working days prior to the camping date; and

(k) Erect and operate mechanical rides or devices.

(l) Violate any rules or regulations posted in compliance with section 16-19 in a public park, recreation facility or public place established pursuant to chapter 16, article II, or promulgated by the director following the adoption of this chapter pursuant to section 16-29.

(m) Smoking is prohibited in public parks and public places within the City of West Covina, which have been designated and posted as a no smoking area by the city by signs of sufficient number and posted in such locations as to be readily seen by persons within such area, except for areas which have been designated by the city council and posted as "Smoking Area."

(Ord. No. 2129, § 1, 2-15-05; Ord. No. 2152, § 1, 9-5-06; Ord. No. 2314, § 3, 3-7-17)

Within the limits of any City of West Covina Dog Park, individuals are required to obey the following acts, as well as those listed in section 16-18. Any person violating these rules may result in the loss of use of the dog park and/or citation per West Covina Municipal Code sections 16-30:

(a) No more than three (3) dogs per person are allowed in the park at one (1) time.

(b) Users must monitor and control their dogs at all times.

(c) Dogs must never be left unattended.

(d) Owners must pick up their dog's waste and dispose of it in the receptacles provided.

(e) Dogs must wear a collar with current tags visible. No pronged, spiked or choke collars allowed.

(f) Users must keep their dogs on leashes going to and from the leash-free area.

(g) Dogs must have current licenses and vaccinations and be free from contagious diseases.

(h) Aggressive behavior by dogs is not permitted. Dogs exhibiting aggressive behavior are subject to removal.

(i) Puppies under four (4) months of age are not permitted.

(j) Only spayed/neutered dogs are allowed.

(k) Children twelve (12) years and under must be closely supervised by an adult at all times. Infants and toddlers are not recommended. Parents must ask permission from the dog owner [f]or children to play with a dog.

(l) Excessive barking is not allowed.

(m) Food, beverages, snacks or treats of any kind, whether for human or dog consumption, are not permitted.

(n) Animals other than dogs are not permitted.

(o) Users must prevent their dogs from digging and must fill holes made by their dogs.

(p) Smoking and alcohol are prohibited in the dog park.

(q) Users must obey all other park rules.

(r) Commercial/professional dog training or classes are not permitted unless approved by the city.

(s) The city reserves the right to refuse patron access.

(Ord. No. 2234, § 1, 8-1-12)

Note— See editor's note following § 16-30.

Within the limits of any City of West Covina Splashpad, individuals are required to obey the following acts, as well as those listed in section 16-18. Any person violating these rules may result in a citation per West Covina Municipal Code section 16-30:

(a) Running, jumping, pushing, rough playing, and covering drains is not allowed.

(b) Parents must supervise children at all times.

(c) Appropriate swimwear and clothing must be worn. Diapers are not allowed.

(d) Animals are not allowed in the splashpad area.

(e) The following items are prohibited from the splashpad area: food, drinks, glass bottles, bicycles, skateboards, roller blades, scooters, strollers, pool toys (i.e. pool noodles, boats, etc.), soap, detergents, rocks, tree branches, or any other foreign objects.

(f) Smoking and alcohol are prohibited in the splashpad.

(g) Users must obey all other park rules.

(h) The city reserves the right to refuse patron access.

(Ord. No. 2234, § 1, 8-1-12)

(a) Park hours shall be established by resolution of the city council, upon recommendation of the community services commission.

(b) Signage clearly specifying the hours during which a park is open to the public shall be placed and prominently posted and visible at all park entrances, parking lots and areas of high public usage, such as picnic sites, sports fields and courts.

(c) Said signage shall specify the rules and regulations established pursuant to this Article II, and the activities described as prohibited in this article. Signage required pursuant to this section shall cite the respective West Covina Municipal Code section being invoked.

(d) It is unlawful for any person to remain, stay or loiter in a municipal park beyond the hours of operation unless such person or entity is so authorized by a special permit issued by the department of community services.

(Ord. No. 2129, § 1, 2-15-05)

No person shall set up, use, operate or maintain a public address system within any public park or public place without obtaining a permit from the director. The person shall apply for the permit by application to the director a minimum of five (5) working days prior to the date requested. The director is expressly given the authority to determine the maximum amplification permissible consistent with other persons' enjoyment of the public parks and public places.

(Ord. No. 2129, § 1, 2-15-05)

(a) As set forth in section 15-5 of this Code, no person shall, within the limits of any public park or public place, consume any alcoholic beverage except at locations and times approved by special permit.

(b) This section 16-21 duly recognizes that a separate permit process exists for the issuance of a special alcoholic beverage permit for the consumption of alcoholic beverages during a private event that is held within the confines of a park building or enclosed structure. This special permit for a private event is processed administratively through the department of community services and requires the approval of the city manager.

(c) Special alcoholic beverage permits for city-sponsored or co-sponsored events. the city council may grant a special alcoholic beverage permit for an alcoholic beverage concession facility to be located outdoors in a city park and operated in association with a special city-sponsored or city co-sponsored event. The alcoholic beverage concession facility shall be duly authorized by resolution of the West Covina City Council and the sponsoring organization must be properly licensed by the State of California Department of Alcoholic Beverage Control to serve and/or sell alcoholic beverages. Requests for special alcoholic beverage permits shall be submitted to the city council at least three (3) months prior to the event date in order to allow sufficient time for administrative processing by designated city departments and council considerations as appropriate.

(1) Contents of request for special alcoholic beverage permit. Requests for special alcoholic beverage permits shall contain the following:

a. The date and purpose of the event and the name of the city park where the event shall be held.

b. The name of the sponsoring organization and its designated officer(s) who shall be responsible for the event and alcohol beverage sales.

c. Proposed hours of operation for alcoholic beverage concession facility.

d. A description of the proposed premises for the alcoholic beverage concession facility (tents, enclosures, fences, etc.).

e. A floor plan or diagram depicting the alcoholic beverage concession facility and the exact location where the facility will be situated in the park. This diagram shall include a clearly designated perimeter for the operation of the facility and an area for the consumption of alcoholic beverages.

f. The names and current identification of all individuals who will work or provide services in the operation of the alcoholic beverage concession facility.

g. Proof of liability insurance for alcoholic beverage and liquor liability coverage in an amount no less than one million dollars ($1,000,000.00). Said policy shall name the City of West Covina as an additional insured and shall protect the city against claims that result from the selling, serving, preparing, giving or consumption of alcoholic beverages during the special event.

(2) City departmental review.

a. Review and commentary on a request for a special alcoholic beverage permit shall be required from the administration, city attorney, community services, fire, police, risk management and building departments prior to submittal for council consideration.

b. Staff commentary and suggestions shall be compiled in a report prior to council consideration of the special alcoholic beverage permit request.

c. The purpose of the departmental review is to thoroughly address specific concerns prior to council consideration of said request. Said review may include concerns regarding the safety of event participants, limiting access to the alcoholic beverage concession facility, fencing to prevent unauthorized persons from entering the designated area, capacity restrictions according to proposed square footage, ingress and egress considerations, restrictions to ensure alcoholic beverages are not taken beyond the established perimeter of the facility.

(3) Established perimeter. No person shall be allowed to possess or consume alcoholic beverages outside of the established perimeter of the alcoholic beverage concession facility.

(4) Age restriction. Patrons and workers of the alcohol beverage concession facility must be twenty-one (21) years of age or older. The sponsoring organization shall ensure that entrance to the designated perimeter is monitored at all times, and that all patrons purchasing or consuming alcoholic beverages are of the legal age of twenty-one (21) years.

(5) Proof of licenses and permits. At least fifteen (15) days prior to the special event, the sponsoring organization must provide the city council with proof of all special permits and licenses required by the State of California Department of Alcoholic Beverage Control in order to operate an alcoholic beverage concession facility.

(6) Posting of license and permits. If approved by the city council, an alcoholic beverage concession facility shall prominently display the special city permit and all permits and licenses required and issued by the State of California Department of Alcoholic Beverage Control. Said permits and licenses shall remain posted during the entire operation and function of the facility.

(7) Rules and regulations. Any permittee operating an alcoholic beverage concession facility shall abide by all federal, state and local laws, rules, regulations and ordinances regarding the use, sale, purchase and consumption of alcoholic beverages. The failure of any permittee to abide by any and all such laws, rules, regulations or ordinances shall constitute grounds for the immediate revocation of the special alcoholic beverage permit.

(Ord. No. 2129, § 1, 2-15-05)

(a) Speed. No person shall drive any vehicle within any public park or public place at a speed that is greater than is reasonable or prudent, having due regard for the traffic and traffic pattern and the surface and width of the roadway, and in no event in excess of ten (10) miles per hour unless a greater speed is posted.

(b) Parking. No person shall park any vehicle within any public park or public place except in designated parking areas; however, the traffic authority is hereby authorized to permit parking along roads and in undeveloped areas within the public park or public place when it is the opinion of traffic authority personnel that such parking will not interfere with the operation of the public park or public place.

(c) Erection of speed, traffic and parking signs. The traffic authority is authorized to erect and maintain signs at locations deemed appropriate indicating the speed limits established by the city council for public parks and public places along the roadways or streets therein. The traffic authority is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indicating such areas and patterns.

(d) Removal of vehicles. Vehicles may be removed and stored at the owner's expense by peace officers where the vehicle has been parked for a period of time or more than twenty-four (24) hours in a location where parking is prohibited and appropriate signs have been posted.

(e) Vehicle access. No person shall ride or drive any horse or other animal or propel any vehicle, cycle or automobile within any public park or public place except on roads, trails or driveways the traffic authority has designated for that purpose.

(Ord. No. 2129, § 1, 2-15-05)

No person shall, within the limits of any public park or public place, solicit primarily for commercial purposes in any manner, or sell or offer for commercial sale any goods, wares, merchandise or food products, or distribute or pass out any primarily commercial handbills or advertising material without permission granted by the city council.

(Ord. No. 2129, § 1, 2-15-05)

No person shall, within the limits of any public park or public place, solicit funds, or sell or offer for sale any goods, ware, merchandise or food products for any noncommercial purpose without written approval from the director, or authorized designee.

(Ord. No. 2129, § 1, 2-15-05)

(a) No person having custody of a cat, dog or other domestic animal shall allow such animal in any public park or public place without the ability to produce evidence that the animal is currently licensed as required by any other provision of law and unless such animal is restrained by a substantial leash not to exceed six (6) feet in length and is in the charge of a person competent to restrain such animal. Further, the director may designate areas where animals are required to be restrained and enclosed in a car, cage or similar enclosure, except for guide dogs for blind persons.

(b) The director may issue permits for group activities wherein dogs or cats shall be under the responsible care of a person while not restrained by a leash or enclosed in a car, cage or similar enclosure while participating in the permitted event.

(c) Exemptions.

(1) Dogs used for law enforcement purposes by law enforcement personnel shall be exempt from these provisions.

(2) Horses are permitted at the Ridge Riders Equestrian Center, but are otherwise not allowed on any other city park without the express permission of the director of community services.

(Ord. No. 2129, § 1, 2-15-05)

No person shall conduct or participate in any sport or in any organized athletic activities within any recreational area other than in such areas as may be designated for such sports, games or athletic activities, nor in any areas where the director has posted signs prohibiting such activities.

(Ord. No. 2129, § 1, 2-15-05)

The provisions of this article shall not be construed to prohibit persons from engaging in organized recreation activities conducted and scheduled by the city, nor to prohibit the city from conducting such activities.

(Ord. No. 2129, § 1, 2-15-05)

(a) The city council hereby finds and declares that there has been a substantial increase in vandalism and the destruction of city property in public parks and public places. This has materially increased the cost to the public of maintaining public parks and public places and has discouraged public contributions of time and property to the development and improvement of public parks and public places.

(b) The city council hereby authorizes a reward to be offered and paid to any person who furnishes to the City of West Covina Police Department information leading to the apprehension and conviction of any person who willfully destroys or damages property of the city in any public park or public place. The reward amount shall be set by resolution of the city council.

(c) Claims for rewards under this section shall be filed with the city clerk as are other claims against the city. Each claim shall:

(1) Specifically identify the date, location and kind of property damaged or destroyed.

(2) Identify by name the person convicted of the damage or destruction thereof.

(3) Identify the court and the date upon which the conviction occurred.

(d) No claim shall be allowed by the city council unless the chief of police certifies to the accuracy of the claim and recommends that it be allowed.

(e) The director is authorized to cause signs containing the offer of reward to be posted at appropriate locations on public parks and public places.

(Ord. No. 2129, § 1, 2-15-05)

The community services director shall have the authority to issue additional regulations to implement the intent of this article. This authority shall include, but not be limited to, the establishment of the permit application procedures, a reservation system for use of recreational facilities, permit fees, liability insurance requirements, and the promulgation of additional rules, and regulations for specific park amenities such as trails, the equestrian center, tennis courts, athletic fields, and picnic areas.

(Ord. No. 2129, § 1, 2-15-05; Ord. No. 2152, § 1, 9-5-06)

Violation of any provision of this Article II shall be deemed an infraction or misdemeanor as appropriate, and punishable as set forth in sections 1-37, General penalty; continuing violations; 1-37.1, Violation; infraction; and 1-38, Penalty not exclusive, of Chapter 1, General Provisions, of this Municipal Code.

(Ord. No. 2129, § 1, 2-15-05; Ord. No. 2234, § 2, 8-1-12)

Editor's note— Ord. No. 2234, § 2, adopted Aug. 1, 2012, renumbered § 16-18.1 as a new section 16-30. See Code Comparative Table for derivation.