Chapter 9.48
USE OF CITY PARKS AND RECREATION AREAS
Sections:
9.48.030 Rules and regulations.
9.48.070 Alcoholic beverages at city-owned facilities.
9.48.080 Cerritos library rules—Appeal of violation.
9.48.010 Definitions.
(a) “Park” includes every park, roadside rest, reservoir and reservoir site, riding and hiking trail, and every other recreation facility owned, managed or controlled by the city, including county-owned areas located within the boundaries of the city, and all buildings within the Civic Center Complex.
(b) “Park waters” means any lake, reservoir, pond or other body of water within a park.
(c) “Superintendent” means the superintendent of recreation, his deputy or other person authorized by him, pursuant to law, to act in his stead, to approve activities or conduct (as defined in this chapter) within the parks, as well as city-sponsored or city-approved special events authorized on such city facilities.
(d) “Alcoholic beverages” includes alcohol, spirits, liquor, wine, beer and every liquid 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.
(e) “Narcotics and dangerous drugs” means those narcotics and drugs listed or defined in the Health and Safety Code of the state of California as now or hereafter amended.
(f) “Motor vehicle” means any vehicle that is propelled by a motor or engine.
(g) “Director of community and safety services” means the director of the community and safety services department, his deputy or other person authorized by him, pursuant to law, to act in his stead, to approve activities or conduct (as defined in this chapter) on city facilities.
(h) “Tent” means a collapsible-sided shelter constructed of a solid or a pliable material that is erected by use of rope, poles, stakes, or a combination of these items. (Ord. 883 § 1, 2004; Ord. 838 § 1 (part), 2001; Ord. 770 § 1 (part), 1996; Ord. 668 §§ 1, 2, 1988; Ord. 409 § 1 (part), 1972)
9.48.020 General provisions.
(a) Short Title. This chapter should be known as, and may be cited as, the “park ordinance.”
(b) Intent of Chapter. The goal of the park ordinance is to protect and insure the public’s right to use and enjoy, peacefully and safely, the parks provided by the city, with no intent to prohibit or deny peaceful and safe use and enjoyment of such parks. The provisions listed under Section 9.48.030 are considered essential in guaranteeing that these objectives are achieved.
(c) Compliance. Any person entering, being in or remaining in any park shall comply with all of the regulations set forth in this chapter applicable to such park and with all other applicable laws, ordinances, rules and regulations.
(d) Severability. If any provision of this chapter, or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
(e) Exercise of Power By Deputy or Authorized Person. Whenever a power is granted to, or a duty is imposed upon, the superintendent or other public officer, the power may be exercised or the duty performed by a deputy of the public officer or other person so authorized, pursuant to law, by the superintendent except as otherwise provided by this chapter.
(f) Penalty. Except as provided in Section 9.48.080, any person who, within the boundaries of the city, violates any provisions of this chapter, the conditions of any permit issued pursuant thereto, or any rule or regulation relating to parks is guilty of a misdemeanor. Upon conviction thereof, he shall be punishable by a fine of not less than five dollars nor more than two hundred dollars or by imprisonment in the county jail for not less than five days nor more than six months, or by both fine and imprisonment.
(g) At Own Risk. A person exercising any of the privileges authorized by this chapter does so at his own risk without liability on the part of the city, its officers, employees and agents for death or injury to persons or damage to property resulting therefrom. (Ord. 996 § 1, 2015; Ord. 409 § 1 (part), 1972)
9.48.030 Rules and regulations.
(a) Specific regulations. In order to maintain public peace and safety as well as the beauties intrinsic to recreational environments the following rules and regulations apply to all parks as defined in Section 9.48.010(a) of this chapter except as otherwise expressly stated.
(b) Flora, turf, structure, etc. In the interest of protecting and preserving the very essence of the parks, no person other than duly authorized park employees in the performance of their duties shall:
(1) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, grass, fruit, or flower or any portion thereof growing in the park;
(2) Remove any wood, turf, grass, soil, rock, sand or gravel from any park;
(3) Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park or any portion thereof or mark or place thereon on any portion thereof any mark, writing or printing; or attach thereto any sign, card, display or other similar device.
(c) Rubbish. No person shall throw, place or dispose of any refuse, garbage, waste, paper, bottles or cans, in any place in a park other than into a garbage can or other receptacle maintained therein for that purpose.
(d) Harmful objects. In order to protect any person, animal or bird from injury and any structure or vehicle from damage, no harmful object shall be placed, thrown, left, kept or maintained in any park in such a manner or in such a place as to cause injury or damage.
(e) Firecrackers, etc. In the interest of public safety and environmental peace and quiet, no person shall take or transport into any park, or have in his possession therein, or fire or discharge therein any firecracker, rocket, torpedo, fireworks or other explosive substance unless he first obtains a permit to do so from the superintendent and complies with all other applicable ordinances.
(f) Fires. In the interest of further public safety, stoves and fire circles are provided and special areas designated for the purpose of lighting or maintaining fires in parks, and no person shall light or maintain any fire in any park area other than these stoves and fire circles or areas except upon written authorization from the superintendent.
(g) Disturbances. To ensure that the peace and tranquility of any park shall not be destroyed, no person shall create any unduly loud or unusual noise, or operate any unduly loud noisemaking device or use any vulgar or profane or indecent language, or indulge in any obscene, violent or riotous conduct while in any park.
(h) Intoxication. No person shall enter, be in or remain in any park while under the influence of any alcoholic beverage or narcotic or dangerous drug.
(i) Alcoholic beverages and narcotics and dangerous drugs. No person shall enter, be in or remain in any park while in possession of, transporting, purchasing, selling, giving away or consuming any alcoholic beverage and/or narcotics or dangerous drugs.
(j) Motor vehicles. For public convenience, areas have been designated by the superintendent for the parking of motor vehicles, and no person shall park any motor vehicle in any park except in designated areas. Neither shall any person bring to or operate in any park any motor vehicle except at such time and at such places as permitted by the superintendent.
(k) House trailers, etc. House trailers or other recreational travel-type vehicles shall not be brought into any park except as a means of vehicular transportation. The use of such vehicles as living or camping quarters in parks is not allowed.
(l) Overnight camping. Written permission granted by the superintendent is required for camping or sleeping over night in any park.
(m) Hours. In order to ensure public safety, authorization from the recreation services superintendent must be obtained for any person to enter, be in or remain in any park or any building in any park between the hours of ten p.m. and six a.m.
(n) Changing clothes. No person shall change clothes or disrobe in any park except in that portion of a comfort station or other facility, if any, which is designated for that purpose.
(o) Animals. Written permission of the superintendent is essential for any person to bring into any park any animal of any species except as hereafter specifically provided. (See paragraph (p)). All persons bringing animals into any park, including dogs and cats as provided in paragraph (p), shall comply with all of the provisions of Chapter 8.04 of this code.
(p) Dogs and cats. Any dog or cat brought into any park must be kept on a leash or other such restraining device and under full control of its owner or custodian at all times with the exception that dogs or cats are not allowed to be brought onto the Heritage Park Play Island at any time and dogs are not allowed to be brought into a park during organized youth activities and special events, i.e., baseball, football, soccer, basketball, Community Spring Festival, July 4th Celebration, Concerts in the Park, or other organized community events in progress. When the presence of an unleashed dog or cat or a dog brought to organized youth activities or special events is for authorized park programs, approval of the superintendent is required. No dog or cat or any other animal may be brought or maintained on any golf course. Visually disabled persons who use seeing-eye dogs are exempt from this section.
(q) Model airplanes, etc. The operation of model airplanes, model boats or other like crafts shall be confined to park areas designated for said use, and subject to all rules and regulations contained in permission granted for such operation.
(r) Swimming. Except at places and times designated by the superintendent no person shall swim, wade or bathe in any park waters.
(s) Boating. Use, operation or maintenance of any vessel, surfboard or other object of any sort in or on any park waters must be authorized by the superintendent.
(t) Water pollution. No person shall commit any nuisance in or near any park water, nor pollute nor contaminate any park water at any time.
(u) Children visiting park waters. No parent or guardian, or any person having the custody of any child under the age of eight years, shall cause, permit or allow such child to enter or visit any park having a lake within the boundaries of such park unless such child is accompanied by a person of not less than sixteen years of age.
(v) Solicitation. A person shall not provide private or group instruction or solicit in any manner or for any purpose or sell or offer for sale any such instructions, goods, services, wares or merchandise or distribute or pass out any handbill except:
(1) Pursuant to concession or other agreement authorized by the city council;
(2) A sports team which is a member of a regular sports league and which admits all members of the general public to the sporting event to extent of capacity, without discrimination and without charge, to any game played, may solicit voluntary contributions from the spectators attending such game;
(3) When found by the superintendent to be consistent with the policies of the parks and recreation division or to promote the program of said division, under conditions prescribed by him;
(4) Sidewalk vendors who have obtained a valid city-issued sidewalk vending permit pursuant to Chapter 9.83.
(w) Outdoor festivals. A city permit shall be required for any outdoor festival, music festival, dance festival, rock concert or festival, or similar musical activity to which both of the following apply:
(1) Attendance by more than two hundred fifty persons is desired or may reasonably be expected; and
(2) The festival will be held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of/or is so constructed that it can be used for conducting such activities.
It is immaterial whether music will be provided by paid or professional, or amateur performers or by prerecorded means; or whether admission is to be charged.
Grant or denial of permit. The required outdoor festival application and permit shall be made on such a form and contain such information as is required by the superintendent. Such information shall include: dates and hours of the activity, number of participants and anticipated spectators, health and sanitary accommodations which are to be provided by the promoter i.e., drinking water, sanitary facilities, security guards, parking; provisions for liability insurance and bonds to insure cleaning of the area may be required by the superintendent.
If the proposed outdoor festival could, in any way, substantially jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use, then said permit may not be granted.
(x) Unsafe use. The use of bicycles, scooters, skateboards, skates, or similar devices in an unsafe manner that would result in injury to user or other persons using the park facility is prohibited.
(y) Tent use prohibited in parks. No person(s) shall erect any tent, shelter, or any temporary structure in any park within the city limits that is equipped with any siding that inhibits an unobstructed view of any area of the interior. Any exceptions to the provisions of this subsection must be approved in advance by the superintendent of recreation services and done so in writing. (Ord. 1025 § 3, 2019; Ord. 884 § 1, 2004; Ord. 883 § 2, 2004; Ord. 855 § 1, 2002; Ord. 848 § 1, 2002; Ord. 838 §§ 2, 3, 2001; Ord. 409 § 1 (part), 1972)
9.48.060 Appeal.
A person aggrieved by the decision of the superintendent may appeal the superintendent’s decision to the city manager or city council whose decision shall be final. (Ord. 409 § 1 (part), 1972)
9.48.070 Alcoholic beverages at city-owned facilities.
The sale, possession, dispensing and consumption of alcoholic beverages is permitted in all areas of the Cerritos Center for the Performing Arts and the Cerritos Senior Citizen Center at Pat Nixon Park, subject to such regulations regarding use as may be approved by the city council and such special conditions as may be required by the director of community and safety services to ensure safety, security and/or the general public welfare. Only beer and wine which have been purchased on site is permitted for consumption at the Iron-Wood Nine Golf Course. Alcoholic beverages are not permitted at any other city-owned facility. (Ord. 941 § 1, 2008: Ord. 838 § 1 (part), 2001; Ord. 765 § 1, 1996: Ord. 728 § 1, 1994: Ord. 668 § 3, 1988)
9.48.080 Cerritos library rules—Appeal of violation.
(a) The purpose of this section is to ensure that the Cerritos library provides a quiet, orderly, and safe environment in which people may read, study, use library materials and equipment, and attend programs.
(b) The city manager or designee shall establish the rules of conduct for Cerritos library patrons (rules) to regulate disruptive behavior, noise, offensive odors, health and sanitation hazards, and possessions, materials, or objects brought into the Cerritos library that are likely to interfere with its use by others. The rules shall not unreasonably or unfairly restrict access to the Cerritos library by any person or group.
(c) Any person who violates any of the rules may be subject to the suspension of his or her borrowing or library visitation privileges for a period not to exceed one year, as provided by the rules.
(d) Notwithstanding subsection (c) of this section, any person who carries overdue Cerritos library fines or who fails to timely return borrowed Cerritos library materials shall be subject to the suspension of his or her borrowing privileges, until such time that all outstanding fines are paid and all borrowed materials are returned or paid for.
(e) Any person subject to suspension of his or her borrowing or library visitation privileges, as authorized by subsections (c) and (d) of this section, may appeal the suspension to a hearing officer by completing an appeal form, stating the basis of the appeal, and returning it to the city clerk’s office within seven days of the start of the suspension.
1. The city manager or designee shall serve as the hearing officer for any appeal.
2. City staff shall submit a written report concerning the suspension to the hearing officer, with a copy to the person requesting the hearing, within five business days of the city’s receipt of the request for appeal. The hearing officer may request additional written or oral information from city staff or the recipient of the suspension prior to issuing a written decision.
3. The hearing officer shall render a written decision within thirty business days of the city’s receipt of the request for appeal. The hearing officer may extend this thirty-day period, in writing, in order to gather and consider additional evidence.
4. Unless otherwise ordered by the hearing officer or by a court of competent jurisdiction, a suspension shall remain in effect during the pendency of any administrative or judicial appeal.
5. Any person directly aggrieved by an administrative decision of the hearing officer may obtain review of the administrative decision by filing a petition for review with the superior court in Los Angeles County.
(f) Rules for the use of the Cerritos library shall be posted on the library’s website and made available at all public service desks. The rules will also be provided to library cardholders at the time they initially obtain or renew a Cerritos library card. Any person who violates the rules shall be advised of the violation and the rules’ requirements. Except as provided herein, any person who fails or refuses to comply with the rules after receiving a personal notice shall be warned that continued failure to comply may result in being required to leave the library and/or the suspension of his or her borrowing or library visitation privileges. In circumstances involving a severe violation of the rules, as provided therein, a person may be required to leave the library and/or have his or her borrowing or library visitation privileges suspended without being given the requisite warning.
(g) Any person who fails or refuses to leave the library after being given the requisite notice, warning and direction to leave, or who returns to the library during the period in which his or her library visitation privilege is suspended, shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. (Ord. 996 § 2, 2015)