Chapter 12.28
USE OF CITY PARKS
Sections:
12.28.035 Possession or consumption of alcoholic beverages.
12.28.040 Commercial use of park facilities without permit unlawful.
12.28.060 Repealed.
12.28.010 Generally.
The city council finds that an unrestricted use of city parks has led to excessive littering and poses law enforcement problems. It is therefore necessary to adopt regulations limiting use of the park to certain hours and to require that picnicking be limited to specified areas. (Ord. 1211 M.C. § 1, 1968).
12.28.020 Loitering.
It is unlawful for a person to remain in any public park at a time which the park has been declared closed by council resolution. (Ord. 93-18 N.S. § 1, 1993; Ord. 1211 M.C. § 2, 1968).
12.28.035 Possession or consumption of alcoholic beverages.
A. It shall be unlawful for any person to possess or consume an alcoholic beverage in a public park or portion of a public park unless:
1. A special event permit has been obtained from the parks and community services department; or
2. A reservation has been obtained from the parks and community services department for the reservable picnic rental areas in Community Park, Civic Center Park including the bocce courts, Jack London Park, Marina Green, Marina Pavilion, and City Park including the gazebo.
A copy of the reservation or special event permit shall be provided to any park attendant or police officer upon demand.
B. The consumption and possession of alcoholic beverages is prohibited on days when school is in session until one hour after dismissal at Benicia Community Park and Jack London Park.
C. Those parks or portions of parks from which alcohol is prohibited shall be clearly designated by a sign. (Ord. 18-12 § 1; Ord. 95-9 N.S.).
12.28.040 Commercial use of park facilities without permit unlawful.
A. Permit Required. It shall be unlawful for any person, firm, corporation or charitable organization to engage in or to attempt to engage in any business, activity or act for financial compensation including bartering in or on any recreational facility or property owned, operated, or maintained by the city, including, but not limited to, any park, playground, recreational area or parking lot, without a permit issued by the city.
B. Applicability. Subsection (A) of this section is applicable regardless of whether the financial compensation is received directly or indirectly for that portion of a business, activity or act being performed in or on any recreational facility or property owned, operated, or maintained by the city.
C. Permit Fees. The permit fee to be paid for the use of any recreational facility or property owned, operated, or maintained by the city, including, but not limited to, any park, playground, recreational area or parking lot, for the purpose of any business, activity or act for financial compensation shall be prescribed by resolution of the council. (Ord. 13-03 § 1).
12.28.050 Closing hours.
The city council shall establish by council resolution the hours during which each public park owned and/or operated by the city is closed for public use. (Ord. 93-18 N.S. § 2, 1993; Ord. 116 M.C. 1943).
12.28.060 Dogs.
Repealed by Ord. 07-72. (Ord. 97-5; Ord. 78-15; Ord. 76-18 §§ 1 – 3, 1976).