Chapter 12.40
PARK REGULATIONS Revised 5/24
Sections:
12.40.010 Purpose of chapter. Revised 5/24
12.40.020 Definitions. Revised 5/24
12.40.030 General principles. Revised 5/24
12.40.040 Permit required. Revised 5/24
12.40.050 Sound standard. Revised 5/24
12.40.055 Open play hours at the Capitola Bandstand. Revised 5/24
12.40.060 Application for permit. Revised 5/24
12.40.070 Criteria for denial. Revised 5/24
12.40.080 Conditions of approval. Revised 5/24
12.40.090 Permit holder responsibilities. Revised 5/24
12.40.100 Revocation of permit. Revised 5/24
12.40.110 Appeal of decision. Revised 5/24
12.40.120 Establishment of fees. Revised 5/24
12.40.130 Prohibited activity in parks and recreation facilities. Revised 5/24
12.40.140 Park and recreation facility regulations. Revised 5/24
12.40.150 Park hours. Revised 5/24
12.40.170 Penalty for violation. Revised 5/24
12.40.010 Purpose of chapter. Revised 5/24
The purpose of this chapter is to regulate the use of parks and other recreation facilities of the city for the optimum use and enjoyment of residents of Capitola; to establish standards to prevent the misuse and destruction of the facilities; to establish regulations to ensure the safety and comfort of users of the facilities as well as persons residing or owning property in the vicinity of the facilities; and to protect the First Amendment rights of the people of Capitola to peaceably assemble in the city’s public parks. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.020 Definitions. Revised 5/24
A. “Applicant” means any individual, corporation, partnership, trust, nonprofit organization, association, group or other business entity or organization who seeks a permit under this chapter. For purposes of this chapter, “applicant” includes the organizer of the event, responsible for coordination and management of the event on the day or days of the event.
B. “Expressive activity” shall have the same definition as set forth in Chapter 9.36 of this code.
C. “Park(s)” means and includes every park owned and maintained by the city together with any accompanying parking lot or staging area, which is owned, managed, or controlled by the city of Capitola for the recreational use and/or enjoyment of the public. Parks do not include the beach.
D. “Permit” means a permit issued by the city of Capitola issued pursuant to this chapter.
E. “Recreation facility” means fields, courts, pools, amphitheaters, the Capitola Bandstand at Esplanade Park, areas specifically designed for organized activities such as, but not limited to, baseball, softball, soccer, tennis, basketball, skateboarding, bicycling, and organized group gatherings which are owned, managed, or controlled by the city of Capitola for the recreational use and/or enjoyment of the public.
F. “Refuse” means any garbage, trash, bottles, cans, papers, ashes, food and vegetable material, rubbish, industrial wastes, animal waste, grass clippings, tree or shrub pruning or any other discarded substance, matter, or thing, whether liquid or solid. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.030 General principles. Revised 5/24
The following principles shall govern use of parks and recreation facilities:
A. Parks and recreation facilities primarily are intended for the use and enjoyment by residents of Capitola;
B. Public recreation services should be available to all Capitola residents without discrimination as to race, religion, gender identity, economic status, or any protected status;
C. The public recreation program should include a wide variety of activities, including passive enjoyment, to appeal to different interests, ages, and abilities, and should not merely be limited to physical activities, outdoor activities, daytime activities, or to the interests of children or others of special categories;
D. Parks and recreation facilities are intended to be used, subject to applicable regulations, for:
1. Informally by residents,
2. For programs sponsored by the city,
3. For joint city-school programs,
4. For organized group activities;
E. Commercial activities in parks and recreation facilities are not permitted, except for activities sponsored by the city of Capitola or as otherwise authorized in this code. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.040 Permit required. Revised 5/24
A. To ensure equal access to city parks and open space areas, preservation of these spaces and due to limitations of size, parking availability, and open areas, activities involving the exclusive use of any area of a park is prohibited, except with a permit for the specific parks. Specific areas within all city parks that are available for exclusive use shall be identified in the parks policy.
B. Activities involving the exclusive use of recreational facilities shall require a permit and are subject to the standards and regulations contained in this chapter.
C. Use of Powered Equipment or Temporary Structures, Including, But Not Limited To, Shade Structures and Bounce Houses. Any person wishing to use equipment requiring a power source or erect a structure larger than one hundred square feet or taller than ten feet in a park shall obtain a permit therefore, and is subject to the standards and regulations contained in this chapter.
D. Applicants shall remit an application review fee upon submittal of a permit application to the city for review.
E. It shall be unlawful for any person to engage in any use of any park or recreational facility for which a permit is required pursuant to this chapter without obtaining such a permit, except where such activity is regulated by other provisions of this code, such as Chapter 9.36 of this code. Nothing in this section shall require persons or entities to obtain a permit for expressive activities, where such activity is addressed by Chapter 9.36 of this code.
F. All park use permits must also comply with the parks policy adopted by the city council by resolution as amended from time to time. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.050 Sound standard. Revised 5/24
In recognition of the rights of residents in the vicinity of parks to enjoy the comfort of their homes in normal peace and quiet, as well as the right of citizens to enjoy a reasonable peace and quiet in appropriately designed parks, the use of any radio receiving set, musical instrument, machine or device for producing or reproducing sound, or any device which produces noise in such a manner as to unreasonably disturb the peace, quiet, and comfort of persons is prohibited in all parks, unless otherwise specified on a permit issued by the city. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.055 Open play hours at the Capitola Bandstand. Revised 5/24
A. For purposes of this section, “open play hours” means between nine a.m. through twelve p.m. on Saturdays and Sundays.
B. The sound limitations in this chapter shall not apply to the use of musical instruments at the Capitola Bandstand at Esplanade Park during open play hours; however, amplification of any kind is not permitted. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.060 Application for permit. Revised 5/24
A. Any individual or group desiring to reserve any park or recreation facility, or any portion thereof, pursuant to Section 12.40.040, shall apply to the city manager, or his/her designee, in writing on a form approved by the city manager.
B. A complete application must be submitted to the city manager, or his/her designee, not less than seventy-two hours prior to the desired reservation. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.070 Criteria for denial. Revised 5/24
The city manager, or his/her designee, shall deny a permit pursuant to the provisions of this chapter if the city manager, or his/her designee, determines the application meets any of the following criteria:
A. The information contained in the application, or supplemental information provided, is not complete or is materially false or misleading.
B. The applicant has failed to submit a complete application, supply satisfactory evidence of insurance, or has not remitted the fees or deposits as required by this chapter.
C. The park or recreation facility, or portion thereof, is unavailable for the period for which the permit is requested.
D. The area proposed for the applicant’s use or activity could not physically accommodate the number of participants expected to participate in a safe manner.
E. The proposed use, activity or event is not compatible with the uses established for the requested park or recreation facility or portion thereof during the date or time requested, in that it unreasonably interferes with use of the park by others.
F. The proposed use has a realistic potential to create a threat to the public health, safety or welfare, or to damage public property, which may not be adequately remedied by reasonable traffic control, barriers, and/or other safety measures.
G. The proposed use would require the diversion of public safety or other city employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the city, or the event will adversely affect the city’s ability to reasonably perform municipal functions or furnish city services.
H. The proposed use, event or activity will have a substantial adverse environmental impact.
I. The proposed use would be in conflict with applicable provisions of any federal, state and/or local law.
J. The proposed use is commercial and not otherwise authorized by this code. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.080 Conditions of approval. Revised 5/24
Permits issued pursuant to this chapter are subject to such reasonable conditions as the city manager or his/her designee may determine necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful uses, protect the safety of persons and property, ensure compliance with noise requirements set forth in Chapter 9.12 of this code, and to control vehicular and pedestrian traffic in and around the park and/or recreation facility. These conditions may include conditions for waste management and restoration of the park, environmental protection, conditions to ensure safe accommodation of an event’s pedestrian and vehicular traffic, indemnification and hold harmless of the city, and reasonable designation of alternate sites, times, or dates in the event of conflict with available resources. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.090 Permit holder responsibilities. Revised 5/24
After a person obtains a permit pursuant to the provisions of this chapter, that permit holder must:
A. Comply with all rules and regulations and all applicable city ordinances as though the same were incorporated into the permit.
B. Comply with all conditions imposed by the permit.
C. Inform all attendees of the conditions of the permit and the applicable rules and regulations.
D. Make permit available at the event site and shall exhibit it upon request of any city official. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.100 Revocation of permit. Revised 5/24
Any permit for the use of the premises shall contain a provision that the city manager or his/her designee shall have the power to revoke such permit and to require the immediate removal of all persons from said premises upon their finding:
A. That the applicant misrepresented or misstated any material fact in their application; or
B. That the applicant damaged city property or violated permit conditions; or
C. That the activity or any significant part thereof taking place on said premises is contrary to state or local law or is endangering life and/or property. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.110 Appeal of decision. Revised 5/24
An applicant may appeal the denial or revocation of a permit by the city manager or designee in accordance with the appeal process set forth in Chapter 2.52 of this code. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.120 Establishment of fees. Revised 5/24
Application fees pursuant to this chapter shall be established by resolution of the city council. Where an event organized pursuant to this chapter requires city services or infrastructure, the applicant shall pay such fees as may be established by resolution of the city council for municipal services, including but not limited to public safety services, solid waste and recycling services, traffic control, and any other applicable fees. Additionally, use of city buildings or facilities shall be subject to any use or rental fees established by the city. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.130 Prohibited activity in parks and recreation facilities. Revised 5/24
The following activities are prohibited in any park or recreation facility:
A. Exclusive use of any park or recreation facility without a permit therefor, or use of any park or recreation facility by any group for which a permit is required without such permit;
B. Commercial activities not otherwise authorized by this code;
C. Golf, except in designated areas;
D. Motor-driven vehicles;
E. Discharging weapons;
F. Removal of turf, soil, grass, tree, shrub, or portion thereof; except as such work may be done by authorized city employees;
G. Lighting or maintaining fires, except as otherwise permitted by this code or posted notices in specific parks; however, UL or ASMI listed manufactured gas (LPG or NG) outdoor flame devices (such as gas BBQs or gas firepits) that comply with the fire code are permitted at Jade Street and Monterey Parks;
H. Overnight use of parks, other than city-sponsored activities or other activities which have received a permit from the city to conduct such after-hours activities;
I. Play or practice baseball or softball in areas not specifically designated for baseball and softball activities;
J. To possess or consume alcoholic beverages, except as expressly permitted by the Department of Alcoholic Beverage Control;
K. To cause, create, encourage, or threaten to cause any disturbance which may reasonably result in injury or property damage, or disturb the peace, comfort and security of the park patrons or employees;
L. Off-leash dogs, except as designated pursuant to applicable park regulations; dogs shall be permitted on leash pursuant to Section 6.14.200;
M. Use of a park or recreation facility in such a fashion as to violate a posted notice restricting that park or recreation facility’s use to one or more specified recreational uses;
N. Bounce houses shall not be permitted at Esplanade Park;
O. Any activity that is contrary to applicable law or is endangering life and/or property. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.140 Park and recreation facility regulations. Revised 5/24
The city manager shall be and is authorized and directed to promulgate such rules and regulations that are consistent with and that further the terms of the requirements herein. The regulations may permit any of the activities prohibited in this chapter in any defined and prescribed area; provided, that a suitable area is set aside for such activity, and said areas are signed and posted, indicating the type of use permissible, and the rules applicable to said use, if any. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.150 Park hours. Revised 5/24
All parks located in the city shall, except for areas otherwise posted, be closed from sunset (the time when the upper limb of the sun disappears below the sensible horizon as a result of the diurnal rotation of the earth) until six a.m. in the morning, unless explicitly extended in a permit issued by the city. (Ord. 1065 § 3 (Exh. B), 2024)
12.40.170 Penalty for violation. Revised 5/24
Violations of this chapter may be enforced pursuant to any laws and remedies available to the city including, but not limited to, enforcement as a misdemeanor and/or public nuisance pursuant to Title 4. (Ord. 1065 § 3 (Exh. B), 2024)