Chapter 4.05
CONDUCT IN PARK AND RECREATION AREAS
Sections:
4.05.020 Rules and regulations.
4.05.030 Posting of regulations.
4.05.040 Permits for use of parks.
4.05.060 Supplemental rules and regulations.
4.05.080 Exemption from curfew.
4.05.090 Penalty for violation of curfew.
4.05.010 Definitions.
For the purpose of this article, the following words and phrases shall have the meaning ascribed to them as follows:
Amplified sound or music. The use of amplifiers, amplifying equipment, microphones, boosters, records, tapes, electrified musical instruments, and any other type of electronic or mechanical equipment to increase the wattage and volume of electronically produced or reinforced sound or musical instruments or devices. This definition shall not include radios or televisions which have not been modified to increase internal amplification capabilities or which do not have external speakers attached to them.
Internal combustion model vehicle. Any airborne, waterborne, or landborne plane, vessel, or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car, or rocket which uses an internal combustion engine.
Legal authority. The City Council or any commission, person, or persons authorized by the City Council to enforce the rules and regulations promulgated hereunder.
Mass picnics or meetings. An assemblage of 300 people or more.
Open space district. As defined in Chapter 18.60 CDC.
Open Space Ranger. A person authorized by the City Council or legal authority to enforce the rules and regulations promulgated hereunder; which include, but are not limited to, the operation, maintenance and preservation of parklands in designated open space districts.
Open Space Supervisor. A person authorized by the City Council or legal authority to enforce the rules and regulations promulgated hereunder; which include, but are not limited to, the operation, maintenance and preservation of parklands in designated open space districts.
Park and recreation area. Any public area in the city devoted or dedicated to park and recreational purposes.
Special events. An activity in which 50 or more people are participants which is intended to use a city park in an organized manner. A special event shall include, but not be limited to, animal shows, athletic events, shows of models (airplanes, boats, motor vehicles), motor vehicle displays, antique shows, and overnight camping.
(Code 1965, § 4700; Code 2002, § 74-31. Ord. No. 794; Ord. No. 1199; Ord. No. 1128; Ord. No. 86-29; Ord. No. 03-6)
Cross references: Definitions generally, § 1.05.100.
4.05.020 Rules and regulations.
(a) The rules and regulations contained herein shall apply to and be in full force and effect at all park and recreation areas which now are or which may hereafter be under the jurisdiction and control of the city, and shall govern the use of all such park and recreation areas, and it shall be unlawful to violate such rules and regulations hereinafter set forth as follows:
(1) Hours of use. No person shall remain in any park and recreation area during any times prohibited by the legal authority;
(2) Care of public property. No person shall mark, deface, disfigure, injure, tamper with, or displace or remove any soil, buildings, bridges, tables, benches, fireplaces, railings, fencing, paving or paving material, water lines, or other public utilities, or parts or appurtenances thereof, signs, notices, placards, whether temporary or permanent, or other structures or equipment, facilities, or park property, or appurtenances whatsoever, either real or personal;
(3) Care of flora. No person, other than a duly authorized city employee or agent, shall damage, cut, carve, transplant, or remove any tree, plant, or flower, or any portion thereof, or injure the bark or pick flowers or seeds of any tree or plant. Nor shall any person, other than an authorized city employee or agent, attach any rope, wire, or other contrivance to any tree or plant, nor shall such person dig in or otherwise disturb grass areas or in any way injure or impair the natural beauty or usefulness of any area;
(4) Fires. No person shall light or maintain any fire in any park unless such fire is lighted and maintained in a place provided for that purpose;
(5) Care of wild animals and birds. No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw missiles or objects at any animal, reptile, or bird; or remove or have in his possession the young of any animal, or the eggs, or nest, or young of any reptile or bird;
(6) Refuse, trash, and litter. No person shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse or other trash anywhere on the park grounds, but it shall be placed in proper receptacles provided for such purposes. No such items, refuse, or trash shall be placed in any waters contiguous to any park or recreation area. Where receptacles are not provided, all such items, refuse, or trash shall be carried away from the park or recreation area by the person responsible for its presence and properly disposed of elsewhere;
(7) Operation of motor vehicles, bicycles, and other conveyances. No person shall operate a motor vehicle, bicycle, or other motor-driven conveyances on other than roads or paths designated for that purpose, except as otherwise permitted in conjunction with a special event authorized in accordance with this article. Nor shall any person abandon a motor vehicle, bicycle, or other motor-driven conveyance in any park and recreation area with the intent to evade arrest. Any motor vehicle, bicycle, or motor-driven conveyance abandoned in any park and recreation area shall be subject to removal at owner’s expense. For the purposes of this section, the term “abandon” shall mean to leave unattended, with or without an intent to return;
(8) Parking. It shall be unlawful for any person to park a vehicle in other than an established or designated parking area, and such use shall be in accordance with any posted directions and with the instructions of any attendant who may be present, except as otherwise permitted in conjunction with a special event authorized in accordance with this article;
(9) Horses and livestock. Horses and other livestock shall be permitted only on those trails and in those areas specifically designated for equestrian use;
(10) Domestic animals. All dogs and other domestic animals shall not be permitted to run at large, and must at all times be under the control of their owners or custodians. Dogs and other domestic animals present in Ellis Lake Park must be, at all times, tethered to and controlled by a leash which does not exceed ten feet in length. Dogs and other domestic animals shall not be permitted in any other city park so designated on any sign posted in the park;
(11) Swimming. Swimming, bathing, or wading is permitted only in those areas and at those times specifically designated for such purposes;
(12) Boating. Boating shall be permitted only in those areas specifically designated for that purpose;
(13) Archery, horseshoes, golf, and model airplanes. Golf, archery, horseshoes, and the flying of motor-powered model airplanes shall be permitted only at locations specifically designated for that purpose;
(14) Picnic areas and reservations. Picnics shall be permitted in all parks and recreation areas unless otherwise prohibited by signs duly posted. All picnic areas shall be available on a nonreservation basis, except that the group picnic areas in Concord Community Park, Baldwin Park, Meadow Homes Park, Ygnacio Valley Neighborhood Park, and Newhall Park may be reserved by any group of 25 or more, provided a permit is obtained in accordance with the provisions of this article;
(15) Interference with activities. No person shall willfully interfere with, annoy, or harass any person or persons lawfully using the park and recreation areas pursuant to these rules and regulations, nor shall any person interfere with any park maintenance activities being carried on by any employee or agent of the city by refusing to move from any park and recreation area when requested to do so;
(16) Vending and peddling. No person shall sell or offer to sell any goods, wares, merchandise, article, or thing whatsoever, or station or place any stand, cart, or vehicle for the transportation, sale, or display of any such goods, wares, merchandise, article, or thing, on any park or recreation area, except as such person is licensed by the city as a concessionaire to sell or offer to sell any goods, wares, merchandise, article, or thing on park or recreation areas;
(17) Commercial advertising matter. No person shall distribute, circulate, give away, throw, or deposit in or on any park or recreation area any commercial advertising material, or post or affix the same to any tree, fence, or structure, or vehicle in any park or recreation area;
(18) Mass picnics and meetings. No mass picnics or meetings shall be held, except as provided in section 4.05.040 of this Code;
(19) Internal combustion vehicles. Operating or permitting the operation of noise-producing internal combustion model vehicles is prohibited, except that operation of model airplanes is permitted at the designated model airplane area at Hillcrest Park.
(b) These rules and regulations shall not apply to any city employee, agent, or representative in the duly authorized performance of their duties hereunder.
(Code 1965, § 4701; Code 2002, § 74-32. Ord. No. 794; Ord. No. 1199; Ord. No. 83-13; Ord. No. 03-6; Ord. No. 1141; Ord. No. 87-36; Ord. No. 86-29)
4.05.030 Posting of regulations.
Signs setting forth the hour and time of curfew provided for in section 4.05.070, and any other regulations set forth in this article, shall be posted at every entranceway to public parks and recreation areas.
(Code 1965, § 4702; Code 2002, § 74-33. Ord. No. 794; Ord. No. 1164)
4.05.040 Permits for use of parks.
(a) Permit required for certain activities. No person(s) or association(s) of any kind shall hold or conduct any mass picnic or meeting, or any special event, or use amplified sound or music, or reserve any picnic area, without first obtaining a written permit as provided herein.
(b) Issuing authority. The Director of Leisure Services, or his authorized representative, shall issue all permits provided for in this article.
(c) Form of application; fee and time for filing. Applications for any permits required by this article shall be filed on a form provided by the Department of Leisure Services at least one month prior to the date of the anticipated park use. At the time an application is filed, the applicant shall pay a fee as provided in the Resolution Establishing Fees and Charges for Various Municipal Services. Applicants may (and are encouraged to) submit applications sooner than one month prior to the date of anticipated park use to allow time for possible appeals.
(d) Application review. The following procedures shall govern the review of applications for park use:
(1) Upon receipt of an application for a permit by the Department of Leisure Services for a mass picnic or meeting, the application shall be forwarded to the Police Department, and the Departments of Public Works and Finance, whereupon said departments shall provide the issuing authority with a written report within one week from the date of said application. Said report shall speak to the findings indicated in subsection (e) below. All other park permits, not involving a mass picnic or meeting, do not need to be sent to other departments, but shall be evaluated in accordance with all other provisions of this section;
(2) Within ten calendar days after receipt of an application, the issuing authority shall make a determination whether to grant or deny the request. The applicant shall be advised in writing of the decision within a reasonable time after it is made and in recognition of the time period for approval. The issuing authority may impose reasonable conditions on an approved application which are necessary to protect the public health, safety, and general welfare; said conditions shall be included on the written permit. If the application is denied, the basis for said denial shall be stated.
(e) Standards for issuance. The issuing authority shall issue a permit hereunder when it finds:
(1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general enjoyment of the park by the public;
(2) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation;
(3) That the proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct;
(4) That the proposed activity will not entail unusual, extraordinary, or burdensome expense or police operation by the city;
(5) That the facilities desired have not been reserved for other use at the day and hour requested in the application.
(f) Appeal. Within seven calendar days of receipt of written notice of the decision of the issuing authority, any aggrieved person may appeal the decision:
(1) To the Parks and Recreation Commission if the Director of Leisure Services is the issuing authority;
(2) To the City Council, in accordance with section 2.05.050 of this Code, if the issuing authority is the Parks and Recreation Commission or on appeal the Commission renders a decision adverse to the appellant.
As used herein, “receipt of written notice” shall be computed as of the date that the decision is deposited in the mail, with first class postage, addressed to the applicant shown on the permit application.
(g) Effect of permit. The permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
(h) Liability of permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.
(i) Insurance. If, in the opinion of the issuing authority, the event or program would constitute a hazard to public safety, then the applicant for a permit shall provide the city with certificates of insurance evidencing coverage for bodily injury liability and property damage liability in the amount designated by the legal authority, and naming the city as an additional insured on said policies. In the absence of a specific determination as to insurance coverage, the minimum coverage to be provided by the applicant shall be bodily injury liability coverage in the amount of $250,000.00 for each person and $500,000.00 for each occurrence, and property damage liability coverage in the amount of $50,000.00 for each occurrence. Such certificates of insurance shall be approved by the City Attorney and shall be filed with the City Clerk prior to the granting of said permit.
(j) Revocation. The issuing authority and/or the Police Department shall have the authority to revoke a permit [upon] finding that there has been a violation of any rule, regulation, or ordinance, or upon the showing of good cause.
(k) Possession of copy of permit. While using any park or recreation area, the permittee shall have a copy of the permit in his possession and shall produce same upon request made by any duly authorized city employee, representative, or agent.
(Code 1965, § 4703; Code 2002, § 74-34. Ord. No. 794; Ord. No. 1128; Ord. No. 1149; Ord. No. 1199; Ord. No. 87-36; Ord. No. 845)
4.05.050 Enforcement.
(a) The legal authority and/or its representatives or the city enforcement officer shall, in connection with their other duties, diligently enforce the provisions hereof.
(b) Upon proof that the Open Space Supervisor, Senior Open Space Rangers and Open Space Rangers successfully completed training in the powers of arrest, the Open Space Supervisor and Rangers are hereby vested with the authority to enforce the provisions hereof, in Open Space Districts, by citing and/or arresting any person who violates any provisions of this Chapter, any provisions of this Municipal Code relating to parking, any provisions of this Municipal Code relating to camping, any provisions of this Municipal Code relating to the discharge of a weapon, the State of California Fish and Game Code, and the State of California Vehicle Code.
(c) The legal authority and its duly authorized employees and representatives, and the Open Space Rangers shall have the authority to eject from park and recreation areas any person acting in violation of these rules and regulations.
(Code 1965, § 4704; Code 2002, § 74-35. Ord. No. 794; Ord. No. 03-6)
4.05.060 Supplemental rules and regulations.
The legal authority may establish such supplemental rules and regulations as may from time to time be required or necessary for the proper administration and regulation of conduct in the city’s parks and recreation areas, including but not limited to the times during which the parks or any of the facilities therein may be used. Any such supplemental rules and regulations promulgated under this section shall be posted in or near the entranceway in each park and recreation area. Any change in any rules and regulations established hereunder must have the prior written approval from the legal authority.
(Code 1965, § 4705; Code 2002, § 74-36. Ord. No. 794)
4.05.070 Curfew established.
(a) It shall be unlawful for any person to remain in any public park and recreation area in the city during darkness, except those individuals who have received a permit from the city to be in the park at this time or individuals who are going to or coming from a city-sponsored event in a public park or recreational area. As used herein, the term “darkness” shall mean any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle within a park or recreation area at a distance of 500 feet.
(b) Notwithstanding section 4.05.070(a) above, it shall be unlawful for any person to remain in Concord Nature Park from sunset to sunrise the following day.
(c) Sunrise and sunset are defined as those times indicating sunrise and sunset for the subject day in the city as published by the United States Weather Service.
(Code 1965, § 4706; Code 2002, § 74-37. Ord. No. 794; Ord. No. 1149; Ord. No. 1218)
4.05.080 Exemption from curfew.
Section 4.05.070 shall not apply to any person in a public park and recreation area when such person is participating in or going to or coming from an activity which is either sponsored or co-sponsored by the city, or is carrying on such activity pursuant to a permit issued by the city.
(Code 1965, § 4707; Code 2002, § 74-38. Ord. No. 1052)
4.05.090 Penalty for violation of curfew.
Any person violating section 4.05.070 of this article shall be guilty of a misdemeanor punishable pursuant to section 1.05.230 of this Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this article is committed by such person and shall be punished accordingly.
(Code 1965, § 4709; Code 2002, § 74-39. Ord. No. 17; Ord. No. 1052)