Chapter 12.24
PARK RULES AND REGULATIONS
Sections:
12.24.040 Tobacco use in City parks.
12.24.041 Tobacco use in City parks – Enforcement.
12.24.010 Definitions.
A. “Director” shall mean Director of Public Works.
B. “Park” shall mean a park, playground, recreation center or any other area owned or operated by City, and devoted to active or passive recreation.
C. “Vehicle” shall mean wheeled conveyance, whether motor powered, animal-drawn or self-propelled. The term shall include any trailer in tow of any size, kind or description. Exception is made for vehicles in the service of the City. (Ord. 422 § 1, 1987).
12.24.020 Regulations.
Except as otherwise authorized by law, it is unlawful and a misdemeanor for any person to do or cause or permit to be done any of the acts hereinafter specified within any park owned or operated by the City.
A. General Regulations.
1. To enter or trespass in any area, building or facility which is fenced and locked or enclosed and locked;
2. To carry, bring or use any firearms, air gun, slingshot, bullwhip, or other device that may pose a threat to public safety, firecrackers or fireworks into any park;
3. To bring into any park any material which will, if spilled or spread, be injurious to turf or plant growth;
4. To remove, damage or destroy any athletic equipment provided by the City, normal wear and tear excepted;
5. To move or remove from one location to another, any part or parts of field equipment;
6. To move or remove from one location to another, any equipment used for park maintenance;
7. To open or close any valve pertaining to the water mains or sprinkler system, or to expose or interfere with any gas pipe, hydrant, stopcock, sewer, catch basin, backflow preventer or other similar device in any park;
8. To indulge in indecent or riotous conduct or language or to otherwise make noise or act in such a manner as to unreasonably disturb any picnic, meeting, concert, exhibition, class, program, or other activity in any park;
9. To disturb or interfere with any employee of the City acting within the scope of that employee’s employment; or to make noise or act in such a manner as to unreasonably disturb, interfere with or harass any spectator or participant in any event, class, program or activity conducted in any park or to enter any park to commit any such disturbance, interference or harassment; or unreasonably disturb or interfere with the event, class, program or activity by remaining in any area of the park that has been marked as reserved pursuant to CMC 12.24.030;
10. To practice, carry on, conduct or solicit for any trade, occupation, business or profession in any park without the prior written permission of the Director;
11. To play upon any tennis courts wearing shoes other than those having vulcanized soles and heels, commonly known as tennis shoes;
12. To play or engage in hitting of golf balls in any park, except on driving ranges and golf courses provided therefor;
13. To ride bicycles through any children’s playground area;
14. To operate, participate in the operation of, or accompany anyone engaged in the act of operating a vehicle in or through any park, excepting herefrom authorized maintenance vehicles and conveyances of handicapped persons when used by such persons;
15. To discard lighted or unlighted cigars or cigarettes in children’s playground areas, or in any park area in other than receptacles provided therefor;
16. To remove any authorized or official sign indicating that any park facility or equipment is reserved;
17. For any male person to resort to any toilet set apart for women, and for any female person to resort to any toilet set apart for men; provided, that this prohibition shall not apply to children under five years of age when accompanied by a parent or guardian;
18. To climb onto any building or structure not designated for such activity;
19. To remain or be present in a park when such park is closed;
20. For any person without authority to tear down, deface or destroy any sign posted pursuant to this chapter;
21. For any person over the age of 12 years to be on playground equipment;
22. For any person to possess any container made of glass in any City playground, or to bring, carry, or transport any container made of glass into any City playground;
23. To possess or consume any alcoholic beverage of any kind, including but not limited to beer, wine and champagne, in any park and public parking lots adjacent to any park unless possession or consumption of alcohol is specifically permitted by the City as part of a reservation or special event permit which has been issued pursuant to CMC 12.24.030. A copy of the reservation or special event permit shall be provided to any park attendant or police officer upon demand.
B. Buildings and Other Property.
1. To willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, firepits, railings, paving or paving material, waterlines or other public utilities or parts of appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal;
2. To fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition;
3. To dig, or remove any soil, rock, stones, trees, shrubs or plants, downed timber or other wood or materials, or to make any excavation by tool, equipment, blasting, or other means or agency;
4. To construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except by written permit issued hereunder.
C. Trees, Shrubbery, Lawns.
1. To damage, cut, carve, transplant or remove any tree or plant, or injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. Nor shall any person dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area within any park;
2. To climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences, or upon any other property not designated or customarily used for such purposes;
3. To tie or hitch a horse or any other animal to any tree or plant.
D. Wild Animals.
1. To hunt, molest, harm, frighten, kill, trap, chase, shoot or throw missiles at any animal, reptile or bird. Nor shall any person remove or have in that person’s possession the young of any wild animal, or the eggs or nest, or young of any bird;
2. To give or offer, or attempt to give to any animal or bird any known noxious or toxic substances.
E. Sanitation.
1. To throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, stream, or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters;
2. To dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash in any park. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where such are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for such rubbish or waste, and properly disposed of elsewhere.
F. Bathing and Swimming.
1. To swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided and posted therefor, and in compliance with such regulations as are posted thereat;
2. To dress or undress except in such bathing houses or structures as may be provided for that purpose.
G. Picnic Areas and Use.
1. To picnic or lunch in a place other than those designated for that purpose. The City shall have authority to regulate activities in such areas when necessary to prevent congestion, and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end;
2. To make a fire in any park other than in stoves, pits or braziers provided therefor by the City unless prior written permission is obtained from the Air Pollution Control District for burning in open pits. Nor shall any person leave a picnic area before a fire so authorized is completely extinguished.
H. Camping.
1. To camp in other than permanent places so provided and designated therefor by the City;
2. To set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any moveable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camp wagon or the like, except when authorized hereunder by permit.
I. Games. To take part in or play any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, model airplanes, etc., except in areas set apart for such forms of recreation and specifically designated therefor by the City. The playing of rough or potentially dangerous games such as football, baseball and soccer is prohibited except on fields and courts or other areas specifically provided therefor and so designated by the City.
J. Horseback Riding. To ride a horse in a park.
K. Curfew. To be or remain in any park when such park is closed. The opening and closing hours for each individual park shall be posted at each entrance and exit for public information. For enforcement purposes park hours shall be established by a resolution of the City Council unless specifically permitted by the City as part of a reservation or special event permit which has been issued pursuant to CMC 12.24.030. A copy of the reservation or special event permit shall be provided to any park attendant or police officer upon demand.
L. Amplified Sound. To maintain or operate any amplified sound equipment in any park, subject to the following exceptions:
1. Upon issuance of a permit by the Director; or
2. Upon authority of the Council by adoption of a resolution or by written agreement.
This prohibition shall not include the use of small portable radios used to receive regularly broadcasted programs, so long as such radios are operated at such a volume as not to disturb other persons present in the park.
M. Merchandising, Advertising and Signs.
1. To provide or offer for sale any article, thing, refreshment, foodstuff or novelty, nor shall any person place any stand, cart or vehicle for the transportation, sale or display of any such article, thing, refreshment, foodstuff or novelty. Excepted herefrom are any regularly licensed concessionaires acting by or under the authority and regulation of the Director;
2. To announce, advertise or call the public attention in any way to any article, thing, refreshment, foodstuff, novelty or service, for sale or hire;
3. To paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park;
4. To practice, carry on, conduct or solicit for any trade, occupation, business or profession without the prior written permission of Director. (Ord. 749 §§ 3, 4, 2020; Ord. 630 § 2, 2006; Ord. 422 § 1, 1987).
12.24.030 Permits.
A permit shall be obtained from the Director before engaging in any park activity in which 20 or more individuals participate.
A. Permit Application. A person seeking issuance of a permit shall fill out the application provided therefor, such application to include:
1. The name and address of the applicant;
2. The name and address of the person sponsoring the activity, if any;
3. The day and hours for which the permit is desired;
4. The park or portion thereof for which such permit is desired;
5. The activity to be conducted;
6. An estimate of the anticipated attendance;
7. A statement whereby the applicant agrees to defend and hold the City harmless from any and all liability or damage which may arise from the proposed use or activity;
8. Any other information which the Director shall find reasonable and necessary.
Fees, charges and/or deposits for the use of City parks and facilities shall be fixed and agreed upon by resolution of the Council.
B. Standards for Issuance. The Director shall issue a permit hereunder when it is found:
1. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park; and
2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; and
3. That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; and
4. That the proposed activity will not require unusual, extraordinary or burdensome expense or police operation by the City; and
5. That the facilities desired have not been reserved for other use at the day and hour specified in the application.
There shall be deposited with the Director before issuance of any permit hereunder a refundable sum as established by resolution, as and for a security deposit. Said sum shall be returned by the Director to the applicant not later than 10 days after occurrence of the event applied for hereunder. Any amounts retained by Director shall be explained in an accounting that shall be mailed to the applicant not later than 10 days after occurrence of the event applied for hereunder.
Within five working days after receipt of an application, the Director shall issue the permit or apprise the applicant in writing of reasons for the refusal thereof.
There shall be required, in an amount satisfactory to the City Attorney, a certificate of insurance assuring the City that it is listed thereon as an additional insured for the event applied for hereunder, for any of the following uses: commercial uses, use of premises lasting longer than one day, or any events which will attract more than 25 spectators or participants.
C. Effect of Permit. A permittee shall be bound by all park rules and regulations and all applicable laws, as though the same were set forth in full in said permit.
D. Liability of Permittee. The person to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person, by reason of the event applied for hereunder.
E. Revocation. The Director shall have the authority to revoke a permit upon a finding of violation of any rule or law, or upon good cause shown therefor. (Ord. 438 § 1, 1988; Ord. 422 § 1, 1987).
12.24.040 Tobacco use in City parks.
In City parks and recreation facilities, the use of tobacco products including but not limited to cigarette smoking, use of electronic cigarettes or similar nicotine delivery devices and use of smokeless tobacco is prohibited. Parks and recreation facilities is defined as parks, landscaped trail areas, landscape areas proximate to recreation facilities including the Calistoga Community Pool, Calistoga Community Center, Monhoff Center, Pioneer Park and any other similar facilities, also including parking lots and parking spaces attached to public parks.
In addition to common Municipal Code violation practices, violators of this chapter shall be referred to a local anti-smoking program.
The Parks and Recreation Director may authorize the creation of designated smoking areas for events lasting longer than four hours. (Ord. 724 § 1, 2016).
12.24.041 Tobacco use in City parks – Enforcement.
Pursuant to CMC 12.24.040 violation of tobacco use in City parks constitutes an infraction unless such violation is specifically designated. (Ord. 724 § 2, 2016).