Chapter 11.10 PARKS

1. The provisions of this chapter are enacted by the city council, and shall apply in all privately owned parks where all of the following have occurred:

a. Either:

i. The city has received an irrevocable offer of dedication of the park to the city and has declined said offer of dedication, or has not accepted said offer of dedication within 120 days of receipt of said offer of dedication; or

ii. All the consenting owner(s) of the park have consented in writing to application of this chapter in the park and have recommended in writing hours for the park to be open and a speed limit(s) for parking areas, roadways and streets within the park, if any;

b. The police department has given approval in writing to the application of this chapter in the park and has recommended in writing hours for the park to be open and a speed limit(s) for parking areas, roadways and streets within the park, if any;

c. The city council, by resolution, has designated the park as an area in which the provisions of this chapter will apply and has established hours during which the park will be open and a speed limit(s) for parking areas, roadways and streets within the park, if any; and

d. At every entrance to the park, the consenting owner or operator has caused to be posted a prominent sign reading, “The provisions of Chapter 11.10 of the Aliso Viejo Municipal Code will be enforced in this park.” Said signs also shall display prominently the hours the park is open, as said hours were established by resolution of the city council.

2. The provisions of this chapter shall be enforced so as not to impair the lawful exercise of the recorded property rights of a consenting owner.

3. A consenting owner may withdraw consent to the application of this chapter in any park to which this chapter applies. Such withdrawal of consent shall be communicated in writing, by certified mail, to the city council. Upon receipt, the city clerk shall immediately transmit to each member of the city council, the police department and the district attorney a copy of the withdrawal of consent. This chapter, in its entirety, shall become inapplicable in said park 30 days after receipt by the city clerk of the consenting owner’s written withdrawal of consent. When this chapter becomes inapplicable in a park as a result of withdrawal of a consenting owner’s consent, said consenting owner shall immediately cause to be removed all signs that were posted in accordance with this chapter.

B. Public Parks. The provisions of this chapter shall, unless otherwise expressly provided, apply in all public parks, recreational areas and other publicly owned or operated lands or waters falling within the definition of AVMC 11.10.020; provided, however, that the application of this chapter may be expressly negated by ordinance or resolution of the city council. [Ord. 2010-126 § 1 (Exh. A)].

11.10.020 Definitions.

The following definitions apply to the use of these terms for purposes of this chapter:

“Alcoholic beverage” means alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

“Consenting owner” means an owner of a fee simple interest in real property comprising a designated park or an owner of any other real property interest in a designated park. The city council is the consenting owner of all public parks in the city.

“Designated park” means a public or private park to which this chapter has been made applicable in accordance with AVMC 11.10.010.

“Designated parking areas” means striped parking stalls, spaces or areas and designated decomposed granite, dirt or gravel areas.

“Director” means the community services director or his or her designee.

“Electric bicycle” means an electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code Section 312.5, as it may be amended from time to time.

“Electric personal assistive mobility device” means a self-balancing, nontandem two-wheeled device that can turn in place, designed to transport only one person, with an electric propulsion system, as further defined by Vehicle Code Section 313, as may be amended from time to time.

“Electrically motorized board” means any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport only one person, and has an electric propulsion system, as further defined by Vehicle Code Section 313.5, as it may be amended from time to time.

“Eviction” means the revocation of user’s permit, parks reservations, and/or expulsion from facility.

“Group” means an organization, club, team, class, association, or other formal or informal gathering of persons.

“Motorized scooter” means any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor, as further defined by Vehicle Code Section 407.5, as may be amended from time to time.

“Person” means every person, firm, corporation, partnership, joint venture, association, social club, fraternal organization, or any other group or combination acting as a unit.

“Police department” means the agency which performs the appropriate law enforcement function for the city.

“Private park” means a park, nature preserve, roadside rest, golf course, reservoir, riding and hiking trail owned, managed or controlled by a party other than the city of Aliso Viejo.

“Public park” means every publicly owned park, nature preserve, roadside rest, golf course, reservoir, riding and hiking trail owned, managed or controlled by the city.

“Recreational area” means all publicly owned parks and historical parks or sites.

“Wildlife” means terrestrial or aquatic mammal, bird, reptile, amphibian, fish, mollusk, arthropod or any other vertebrate or invertebrate member of the animal kingdom, including a part, product, egg or offspring thereof. [Ord. 2022-229 § 4; Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: definitions generally, AVMC 1.02.010.

11.10.030 Effect, enforcement, and penalties.

A. Conditioned Use of Designated Park. The privilege of any person to use a designated park is hereby expressly conditioned upon compliance by that person with the provisions of this chapter as they apply to such use.

B. Eviction. In addition to other penalties provided for in this code, violation of any provision of this chapter shall subject the violator to eviction from the designated park in which the violation occurs, in accordance with the procedures in AVMC 11.10.090. This chapter shall be enforced by peace officers having jurisdiction of any area in which a violation of any provision of this chapter may take place. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.

11.10.040 Management of parks and recreational areas.

A. The purpose of this chapter is to provide for the orderly administration and control of designated parks and recreational areas within the city.

B. The city council, or in the case of a private park, the consenting owner, may, from time to time, establish reasonable rules, procedures, policies or regulations governing the use and enjoyment of any designated park or recreational area in order to maximize the use and enjoyment of parks by the public in addition to those contained in this chapter. No person shall disobey or violate such rules, procedures, policies or regulations.

C. Any rules, procedures, policies or regulations established pursuant to this section shall be posted in conspicuous locations within the designated parks or recreational areas if necessary for the public’s information. The director is authorized to post in prominent places in designated parks and recreational areas signs that provide information and instruction for the public concerning any rules, procedures, policies or regulations set forth in this chapter or established pursuant to this section.

D. The director is hereby instructed to administer the provisions herein set forth in this chapter in such a way as to achieve the maximum benefit to the public. [Ord. 2010-126 § 1 (Exh. A)].

11.10.050 Hours.

All designated parks and recreational areas shall be open to the public during such hours as may be established by resolution of the city council, or in the case of a private park, the consenting owner. No person, except those having valid city permits, or in the case of a private park, permits issued by the consenting owner, shall enter or remain in any designated park or recreational area at any time other than during such hours as the designated park or recreational area is open to the public. [Ord. 2010-126 § 1 (Exh. A)].

11.10.060 Fees.

All persons and groups using camping, parking or other special facilities of recreational areas shall, prior to such use, pay such fees and deposits as may be established by resolution of the city council. [Ord. 2010-126 § 1 (Exh. A)].

11.10.070 Electric outlets.

No person shall use electric outlets within any designated park or recreational area without first paying any such fees as may be prescribed by resolution of the city council, or in the case of a private park, the consenting owner. [Ord. 2010-126 § 1 (Exh. A)].

11.10.080 Vending and commercial activity – Permit required.

No person shall sell or offer for sale any goods, wares, merchandise or food products or provide any services, lessons or classes within any designated park or recreational area without a written permit from the director or, in the case of a private park, the consenting owner. Sidewalk vendors operating in a public park that is owned or operated by the city shall obtain a sidewalk vending permit pursuant to Chapter 4.05 AVMC. Notwithstanding the foregoing, this section does not apply to any concession, license, or permit operated in a public park under the direct or delegated authority of the city council, nor to any activity specifically exempted by order or resolution of the city council. [Ord. 2019-206 § 3; Ord. 2012-146 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: food handling businesses, Chapter 7.10 AVMC, Article I.

11.10.090 Eviction.

A. A person is subject to eviction from a designated park when all of the following conditions occur and no lesser sanction reasonably appears to suffice:

1. The person is in violation of any provision of this chapter;

2. The person has been warned in a manner that is reasonably calculated to reach the person that eviction may result from any further violation;

3. After receiving such warning, a further violation occurs or, following a warning, the violation continues unabated.

B. Where a violation is of such magnitude or seriousness as to create a clear and present danger of imminent violence, no warnings will be necessary prior to eviction.

C. A group is subject to eviction from a designated park when any one of the following conditions occur and no lesser sanction reasonably appears to suffice:

1. There is probable cause to believe that an unlawful assembly exists pursuant to California Penal Code Section 407;

2. There is a clear and present danger of imminent violence which cannot reasonably be forestalled without evicting the entire group;

3. There are multiple individual violations of a provision or provisions of this chapter which have not stopped following the eviction of one or more such individual violators, and violations continue after the group has had a reasonable opportunity to cure them.

D. No person or group evicted from a designated park shall remain in or return to the park prior to the expiration of the eviction period, which will be the equivalent of a minimum of 24 hours. [Ord. 2010-126 § 1 (Exh. A)].

11.10.100 Amplified sound system, music and live music – Permit required.

The use of loudspeakers and/or amplification devices in any designated park shall be subject to the restrictions of Chapter 8.12 AVMC. [Ord. 2010-126 § 1 (Exh. A)].

11.10.110 Protection of natural, cultural, structural, and archaeological resources.

A. Plants. No person shall possess, destroy, injure, deface, remove, dig, or disturb from its natural state any plant or the parts or products thereof in any designated park except as otherwise provided herein.

B. Wildlife. No person shall possess, destroy, injure, deface, remove, dig, or disturb from its natural state any living or dead wildlife, or the parts or products thereof, such as antlers, shells, bones or nests, in any designated park, except as otherwise provided herein. No person shall introduce any wildlife or plant, including their reproductive bodies, into any designated park.

C. Artifacts. No person shall possess, destroy, injure, deface, remove, dig, or disturb from its natural state any fossilized or nonfossilized paleontological specimens, cultural or archaeological resources, or the parts thereof in any designated park.

D. Minerals. No person shall possess, destroy, injure, deface, remove, dig, or disturb from its natural state any rock, mineral, geological formation or cave formation or the parts thereof in any designated park.

E. Landscape Structures. No person shall walk on, climb, enter, ascend, descend, or traverse an archaeological resource, monument, or statue, in any designated park, except in areas and under conditions designated by the director or, in the case of a private park, the consenting owner. No person shall possess, destroy, injure, deface, remove, dig, or disturb any historic structure or its furniture or fixtures, or any other cultural or archaeological resource in any designated park.

F. Improvements. No person shall possess, destroy, injure, deface, remove, dig or disturb any improvement or amenity, or any fence or gate, or any structure or its furniture or fixtures in any designated park.

G. Wood. No person shall collect, use or possess any wood gathered within any designated park, except in an area designated and under conditions established by the director or, in the case of a private park, the consenting owner, for the gathering of fuel wood for campfires or barbecues.

H. Natural Products. No person shall gather, collect or possess natural products in any designated park, except in areas and under conditions established by the director or, in the case of a private park, the consenting owner. [Ord. 2010-126 § 1 (Exh. A)].

11.10.120 Sanitation.

A. Use of Rubbish Receptacles. No person shall leave, deposit, drop or scatter any bottles, broken glass, ashes, wastepaper, cans or other rubbish, garbage, litter, food product, animal feed, refuse or similar waste matter in or on any designated park except in a designated trash receptacle. No person shall rummage through or remove the contents of any designated trash receptacle except in areas and under conditions designated by the director or, in the case of a private park, the consenting owner. No person shall deposit any such matter in a toilet located in a designated park.

B. Washing of Clothes and Utensils. No person shall wash clothing, dishes, cooking utensils or other utensils used in connection with the preparation or serving of food in a designated park except at places designated by the director or, in the case of a private park, the consenting owner, and provided for such purpose.

C. Cleanliness of Picnic Areas. All persons using a picnic area in a designated park shall keep said area clean and free from rubbish, litter, broken glass, garbage, refuse or similar waste matter. Combustible rubbish may be burned where fires are permitted, and all other garbage and refuse of any kind shall be placed in containers or pits provided for that purpose.

D. Toilets and Refuse. No person shall discharge any human or animal excreta or wastewater from a toilet or holding tank in a designated park. Toilets in designated parks are provided for the protection of the health of the general public and shall be used when so provided.

E. Glass Containers. No glass containers shall be permitted in any designated park or recreational area, unless otherwise permitted by a special event permit issued pursuant to Chapter 11.05 AVMC. [Ord. 2010-126 § 1 (Exh. A)].

11.10.130 Vehicle regulation.

A. Speed. No person shall operate any vehicle in any designated park or recreational area at a speed that is greater than is reasonable or prudent, having due regard for the traffic and traffic pattern, pedestrians, bicyclists and the surface and width of the roadway, streets or trails. In no event shall vehicles operate in excess of 10 miles per hour, unless a greater speed is posted.

B. Parking. No person shall park, stop or leave standing any vehicle whether attended or unattended in any designated park or recreational area except in designated parking areas and shall not occupy more than one parking space and shall not park in any area posted as “no parking” or block any gate, fire hydrant, fire lane, trail or roadway; however, the director, or in the case of a private park, the consenting owner, is hereby authorized to permit parking along roads and in undeveloped areas within the park or recreational areas when in his/her opinion such parking will not interfere with the operation of the park or recreational areas. Overnight parking is prohibited in designated parks.

C. Erection of Speed, Traffic and Parking Signs. The director, or in the case of a private park, the consenting owner, is authorized to erect and maintain signs at locations he/she deems appropriate indicating the speed limits established by the city council for designated parks along the roadways or streets therein. The director, or in the case of a private park, the consenting owner, 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 vehicle owner’s expense by the director or such of his/her employees as he/she may designate, or in the case of a private park, by the consenting owner, or by peace officers under any of the following circumstances:

1. The vehicle has been parked for a period of time longer than 24 consecutive hours in any designated park or recreational area.

2. The vehicle has been parked in a designated campsite where a fee is required and such fee has not been paid and appropriate signs have been posted.

3. The vehicle has been parked illegally, creating a hazard or disrupting public, private, or emergency access.

E. Limited Time Parking Zone. No person shall stop, park or leave any vehicle standing, whether attended or unattended, in a limited time parking stall or space for more than the posted time period; provided, that appropriate signs have been posted.

F. Pay and Display. No person shall stop, park, or leave standing any vehicle whether attended or unattended in a designated park or recreational area parking facility with an automated fee collection system, as designated by the director, or, in the case of a private park, the consenting owner, without properly displaying a valid current daily or annual parking permit.

G. Unauthorized Motor Vehicles. No person shall operate any unauthorized motor vehicle within any designated park or recreational area. For the purpose of this subsection, “unauthorized motor vehicle” means any motorized vehicle that is driven upon said areas without written permission of the director or, in the case of a private park, the consenting owner and shall include, without limitation, a four-wheel-drive vehicle, motorcycle, motor bike, motor dirt bike, all-terrain vehicle, off-highway vehicle or any other motorized vehicle. This subsection does not apply to the operation of any publicly owned vehicle operated by an employee of a local, state or federal government agency.

H. Vehicle Repair. No person shall repair, dismantle, overhaul or perform any mechanical work upon any type of vehicle, trailer or boat in any designated park or recreational area, except to replace or otherwise repair a tire or to make emergency repairs to enable such vehicle, trailer or boat to be removed to a proper place.

I. Stop Requirements. The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection, within any designated park or recreational area shall stop at a limit line, if marked. If there is no limit line, the driver shall stop at the entrance to the intersecting roadway.

J. Dumping Prohibited. No person shall place, deposit or dump, or cause to be placed, deposited or dumped, any rocks, refuse, garbage, dirt or similar materials in or upon any designated park or recreational area except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner.

K. Hours of Operation. No person shall stop, park or leave standing any vehicle, whether attended or unattended, in any designated park or recreational area at any time other than during established and posted hours of operation, except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner.

L. Unlawful to Drive Unless Licensed. No person shall drive a motor vehicle, motorcycle, motor-driven cycle or motorized bicycle in or upon any designated park or recreational area, unless the person is in possession of a valid driver’s license of the appropriate class, certification or endorsement as provided for in the California Vehicle Code.

M. Yield Signs – Intersections. The driver of any vehicle in any designated park or recreational area approaching any intersection which is controlled by a yield right-of-way sign shall, upon arriving at the sign, yield the right-of-way to any vehicles which have entered the intersection, or which are approaching on the intersecting roadway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.

N. Motorized Wheeled Conveyance Prohibited. No person shall operate or drive any electric or combustible motorized skateboard, scooter, electric personal assistive mobility device, as defined in California Vehicle Code Section 313 (e.g., SegwaysTM), dirt bike, mini bike, mini motor bike, mini motorcycle, go-kart, go-ped, moped, all-terrain vehicle, quad runner, dune buggy or any similar electric or combustible motorized wheeled conveyance in any designated park or recreational area. The prohibition in this subsection shall not apply to motorized wheelchairs, scooters or similar modes of personal conveyance when in operation by a disabled person.

O. Handicapped Parking – Special License Plate or Placard Required. No person shall stop, park or leave standing any vehicle whether attended or unattended in any designated park or recreational area in a stall or space designated for disabled persons and disabled veterans pursuant to California Vehicle Code Section 22511.7 or 22511.8, unless the vehicle displays either a special identification license plate issued pursuant to California Vehicle Code Section 5007 or a distinguishing placard issued pursuant to California Vehicle Code Section 22511.55 or 22511.59. [Ord. 2011-136 § 17; Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: vehicles and traffic, AVMC Title 9.

11.10.140 Skateboards, roller skates and in-line skates.

A. Skateboards. No person shall ride a skateboard, including but not limited to scooters and mountain skateboards, or similar conveyances propelled by human power, other than a bicycle, or cause or permit same to roll or coast in any designated park or recreational area except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner.

B. Electrically Motorized Board. No person shall ride an electrically motorized board, or similar conveyances propelled by motor, including, without limitation, a motorized scooter or an electric personal assistive mobility device, or cause or permit same to roll or coast in any designated park or recreational area except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner.

C. Roller Skates and In-Line Skates. No person shall ride roller skates, in-line skates, or similar conveyances propelled by human power, other than a bicycle, or cause or permit it to roll or coast in any designated park or recreational area where the director or, in the case of a private park, the consenting owner, has posted signs to prohibit such activity. No person shall ride roller skates, in-line skates, or similar conveyances on any unpaved trail in any designated park or recreational area except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner.

D. No Effect on ADA Power-Driven Mobility Devices. Notwithstanding anything to the contrary, wheelchairs and other power-driven mobility devices used as a mobility aid by a person with a disability may be ridden or operated at the speed of pedestrian traffic and in a manner which is safe for the user and other individuals. [Ord. 2022-229 § 5; Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: pedestrian, bicycle, and skateboard regulations, Chapter 10.06 AVMC.

11.10.150 Interfering with agency functions.

A. Interference. No person shall threaten, resist, intimidate, or intentionally interfere with an employee or volunteer of the city or other agent engaged in an official duty or on account of the performance of an official duty.

B. Lawful Order. No person shall violate the lawful order of a city employee or other agent authorized to maintain order and control public access and movement during fire fighting operations, search and rescue operations, wildlife management operations involving animals that pose a threat to public safety, law enforcement actions, and emergency operations that involve a threat to public safety or park resources, or other activities where the control of public movement and activities is necessary to maintain order and public safety.

C. False Information. No person shall knowingly give a false or fictitious report or other false information to a city employee or other agent in the conduct of official duty or on an application for a permit.

D. False Report. No person shall knowingly give a false report for the purpose of misleading a city employee or agent in the conduct of official duty, or make a false report that leads to an emergency or other response by the city or other agencies. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: interference with public officers prohibited, AVMC 8.20.040.

11.10.160 Sale or distribution of printed matter.

A. Printed Matter. No person shall sell or distribute commercial or advertising material in any designated park except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner. No person authorized by the director, or in the case of a private park, the consenting owner, to sell or distribute commercial or advertising material shall obstruct, impede or otherwise interfere with the free movement of any person in a designated park.

B. Decals. No person shall affix any decal, sticker or similar object to any improvement or amenity or any structure or its furnishings or fixtures in any designated park or recreational area. [Ord. 2010-126 § 1 (Exh. A)].

11.10.170 Alcoholic beverages.

No person shall, within the limits of any designated park or recreational area, possess or consume any alcoholic beverage. This section shall not apply within any portion of any recreational area that may be designated by resolution of the city council. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: consumption of alcoholic beverages in public places, AVMC 8.20.060.

11.10.180 Disturbing or taking wildlife.

No person shall hunt, kill, wound, feed, touch, tease, frighten, or intentionally disturb wildlife in any designated park or recreational area, except persons in the performance of their official duties, or in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner. [Ord. 2010-126 § 1 (Exh. A)].

11.10.190 Research specimens – Permit required.

No person shall collect plants, wildlife, rocks, minerals, paleontological specimens or cultural or archaeological artifacts in any designated park or recreational area without a valid research-collecting permit in his or her possession, in addition to any and all permits required by state or federal law. The director, or in the case of a private park, the consenting owner, shall establish conditions for issuance of a collecting permit in any designated park or recreational area. No person may possess, carry or use any trap, live trap, snare, net, kill jar or similar device in any designated park or recreational area without a valid permit issued by the director or, in the case of a private park, the consenting owner, pursuant to this section. [Ord. 2010-126 § 1 (Exh. A)].

11.10.200 Rock climbing.

A. Climbing. No person shall ascend, descend or traverse, including aid climb, free climb, solo climb, or rappel, from any rock formation or structure in any designated park or recreational area except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner.

B. Bolts. No person shall place or cause to be placed any permanent or temporary climbing protection, including but not limited to bolts, hangers, chocks, bongs, cams, or friends, in any designated park or recreational area except persons in the performance of their official duties or in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner. [Ord. 2010-126 § 1 (Exh. A)].

11.10.210 Radio-controlled models.

No person shall possess or operate any radio-controlled or other remotely operated model, toy or similar device, including but not limited to cars, boats, rockets, airplanes or gliders, in any designated park or recreational area except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner. [Ord. 2010-126 § 1 (Exh. A)].

11.10.220 Bicycles.

A. Designated Trails. No person shall operate a bicycle or an electric bicycle on a road or trail in any designated park or recreational area except upon roads or trails designated for bicycle and/or electric bicycle traffic by the director or, in the case of a private park, the consenting owner.

B. Unsafe Operation. No person shall operate a bicycle or an electric bicycle in any designated park or recreational area in any manner that endangers any person or animal or at a speed that is greater than is reasonable or prudent, having due regard for other users and the surface, width, and grade of the road or trail, and in no event in excess of 10 miles per hour, unless a greater speed is posted.

C. Bicycle and Electric Bicycle Parking. No person shall leave a bicycle or electric bicycle lying on its side on a road or trail in any designated park or recreational area in such a way to obstruct pedestrian, equestrian, or vehicle traffic.

D. Helmets. No person under 18 years of age shall operate a bicycle or an electric bicycle, or ride upon a bicycle or an electric bicycle as a passenger on any road, bikeway or trail in any designated park or recreational area unless that person is wearing a properly fitted and fastened bicycle helmet. The bicycle helmet must meet the standards set forth in California Vehicle Code Section 21212.

E. No Effect on ADA Power-Driven Mobility Devices. Notwithstanding anything to the contrary, wheelchairs and other power-driven mobility devices used as a mobility aid by a person with a disability may be ridden or operated at the speed of pedestrian traffic and in a manner which is safe for the user and other individuals. [Ord. 2022-229 § 6; Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: pedestrian, bicycle, and skateboard regulations, Chapter 10.06 AVMC.

11.10.230 Powerless flight.

No person shall operate any device designed to carry a person or persons through the air in powerless flight, including but not limited to hang gliders, paragliders, parasails, or parachutes, in any designated park or recreational area except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner. [Ord. 2010-126 § 1 (Exh. A)].

11.10.240 Athletic activities.

No person shall conduct or participate in any organized sport or athletic activities within any designated park or recreational area without obtaining the necessary permits or approval from the director or, in the case of a private park, the consenting owner, other than in such areas as may be designated for such sports, games or athletic activities. Nor shall any person conduct such activities in any areas where the director or, in the case of a private park, the consenting owner, has posted signs prohibiting such activities. [Ord. 2011-136 § 18; Ord. 2010-126 § 1 (Exh. A)].

11.10.250 Trails, trespassing and closed areas.

A. Designation and Use. The director, or in the case of a private park, the consenting owner, may designate horseback riding, bicycle riding and hiking trails in designated parks and recreational areas. The director, or in the case of a private park, the consenting owner, may also designate closed areas where entry is prohibited in the interest of public convenience or safety or for the preservation and protection of natural or cultural resources. No person may leave a designated trail in any designated park or recreational area on foot, or on horseback or otherwise, other than for law enforcement, lifesaving or emergency purposes or for park or recreational area management, at other than designated entry or exit points. No person shall enter on foot, or horseback or otherwise, any areas in any designated park or recreational area or any trail or road which the director or, in the case of a private park, the consenting owner, has authorized be posted as a closed area.

B. Trespassing along or through Private Property. No person shall enter on or go upon the lands of another adjacent to or contiguous with any designated park or recreational area or other city-owned lands, whether under cultivation, enclosed by a fence or otherwise posted to prohibit trespass, for any purpose whatsoever, without the consent in writing of the city or of the person or persons entitled to the use and occupancy thereof, except in the lawful performance of an official duty.

C. Gates. No person shall unlock or otherwise open a locked gate within any designated park or recreational area without advance permission from the director, or in the case of a private park, the consenting owner. No person opening a closed gate in any designated park or recreational area shall proceed beyond said gate without first closing it.

D. Closure. The director, or in the case of a private park, the consenting owner, may close designated parks and recreational areas and facilities and portions thereof when such areas and facilities are filled to capacity or a hazardous condition poses potential danger to citizens, city employees or city property. Any such closure shall be for the duration of the full capacity or hazardous condition situation as determined by the director or, in the case of a private park, the consenting owner.

E. Right-of-Way. All persons shall observe posted right-of-way restrictions on any trail, path, walkway, or road within any designated park or recreational area. This subsection shall also apply to any such “trail courtesy” right-of-way regulations for multiple-use trails promulgated by the director, or in the case of a private park, the consenting owner. [Ord. 2010-126 § 1 (Exh. A)].

11.10.260 Animals within parks.

A. No person having custody or control of a horse or other saddle or pack animal shall allow said animal in any part of a designated park or recreational area except upon roads or bridle trails designated for equestrian traffic. No person shall ride or drive any horse or other animal which is not well broken and under the control of said person. No person shall ride any saddle animal in any manner that endangers any other person or animal. No person shall allow his saddle or pack animal to stand unattended or improperly tied. Nothing in this section shall prohibit pony rides in an enclosed arena or ring within a designated park or recreational area in connection with an approved special event or a city-sponsored event.

B. Animals, including dogs, shall not be permitted to run loose or at large in any designated park or recreational area. No person shall bring into any designated park or recreational area any animal that constitutes a public health or safety hazard. [Ord. 2011-136 § 19; Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: animal control, welfare and license requirements, AVMC Title 6.

11.10.270 Construction.

No person shall erect structures within any designated park or recreational area without the consent of the director or, in the case of a private park, the consenting owner, and subject to all applicable permits and building codes. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: buildings and construction, AVMC Title 13.

11.10.280 Diving/jumping.

No person shall dive or jump into any body of water in any designated park or recreational area other than at those places designated and posted for diving or jumping by the director, as authorized by resolution of the city council, or, in the case of a private park, by the consenting owner. [Ord. 2010-126 § 1 (Exh. A)].

11.10.290 False drowning alarm.

No person in any body of water located in any designated park or recreational area shall give or cause a false alarm of drowning to be given in any manner. Any person who knows that an alarm is false shall immediately notify park officials or other agents to whom said alarm was given of its falsity. [Ord. 2010-126 § 1 (Exh. A)].

11.10.300 Equipment removal.

No person shall allow any equipment over which he or she has custody or control to remain at any designated park or recreational area during any time that said park or recreational area is closed, unless authorized by the director or, in the case of a private park, the consenting owner. [Ord. 2010-126 § 1 (Exh. A)].

11.10.310 Fire regulation.

A. Campfire Location and Permit. No person shall build, light or maintain any fire in any designated park or recreational area except in a camp stove, fire ring, barbecue or fireplace provided in areas designated by the director or, in the case of a private park, the consenting owner, for such purposes; provided, however, that camper, trailer, oil or gas camp stoves and braziers or hibachis may be used in areas designated for their use by the director or, in the case of a private park, the consenting owner; and further provided, that in wilderness areas sites may be designated by the director or, in the case of a private park, the consenting owner, wherein persons who have obtained campfire permits from the director or, in the case of a private park, the consenting owner, may build small campfires. The authority of the director or, in the case of a private park, the consenting owner, to permit campfires within designated parks or recreational areas is limited to those areas not restricted by state and local fire prevention officials.

B. Removal of Combustible Materials. No person shall build a campfire in any designated park or recreational area until he or she has first cleared an area of 25 feet in all directions from said campfire site of all deadwood, moss, dry leaves or other combustible material.

C. Extinguishing Fires. Each person building or using a campfire, fire ring, barbecue, or fireplace in any designated park or recreational area shall, when said campfire, fire ring, barbecue, or fireplace is no longer needed, extinguish said campfire, fire ring, barbecue, or fireplace by thoroughly wetting and stirring the combustible material and covering it with sand or dirt.

D. Fire Prevention. Every person shall make the suppression and prevention of fire their first consideration while using any designated park or recreational area. Any negligent use of combustible materials is prohibited. Any person learning of an unauthorized fire in any park or recreational area shall extinguish it if he can do so without endangering himself, or, if he cannot extinguish it, shall promptly communicate the position of the fire to park officials.

E. Smoking. Smoking of tobacco, or any weed or plant, within the boundaries of any designated park or public facility within the city is prohibited pursuant to Chapter 8.04 AVMC. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: fire code, Chapter 13.04 AVMC.

11.10.320 Boating regulation.

A. Boating. No person shall operate any boat or similar device in, on, or through any park waters except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner.

B. Launching. No person shall launch or cause to be launched any boat or similar device in any designated park or recreational area except in areas designated and under conditions established by the director or, in the case of a private park, the consenting owner. [Ord. 2010-126 § 1 (Exh. A)].

11.10.330 Golf.

No person shall play, practice or in any way engage in the game of golf, including, without limitation, putting, driving, chipping and all other aspects and parts of the game of golf, in any designated park or recreational area except at the times and places designated by the director. [Ord. 2010-126 § 1 (Exh. A)].

Cross-references: solid waste disposal, Chapter 7.05 AVMC; outdoor lighting in residential areas, AVMC 15.14.130; outdoor lighting in nonresidential areas, AVMC 15.22.110; filming in city parks, AVMC 15.46.020.