Chapter 9.36 PARK REGULATIONS

B. “Department” means the Public Works Department or other department that has been assigned responsibility and maintenance of City of Elk Grove Parks by the City Manager of the City of Elk Grove.

C. “Director” means the Public Works Director or his or her authorized representative.

D. “Facility” or “park facility” means any body of water, land, campsite, recreational area, play field, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the Public Works Department. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.015 Application of chapter to park districts.

The provisions of this chapter apply to all facilities under the jurisdiction of the City of Elk Grove and to all facilities under the jurisdiction of a Recreation and Park District organized pursuant to the provisions of the Public Resources Code, commencing with Section 5780, including any such district governed by the City Council acting ex officio as the District Board of Directors and any such District governed by an elected Board of Directors. As used in this chapter with reference to a facility under the jurisdiction of any such district:

A. “Board of Supervisors” means the Board of Directors of the District which has jurisdiction.

B. “Department” means the Recreation and Park District which has jurisdiction.

C. “Director” means the Administrator of the Recreation and Park District which has jurisdiction or other authorized representative of such district.

D. “Facility” or “park facility” means any body of water, land, campsite, recreation area, play field, building, structure, system, equipment, machinery, or other appurtenance owned, managed, controlled or operated by the Recreation and Park District having jurisdiction. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.020 Permit – Application contents.

Whenever a permit is required by provisions in this chapter, an application shall be filed with the Director stating:

A. The name and address of the applicant;

B. The name and address of the person, group, organization or corporation sponsoring the activity;

C. The nature of the proposed activity;

D. The dates, hours, and park facility for which the permit is desired;

E. An estimate of attendance; and

F. Any other information which the Director, regarding public health, safety and welfare, finds reasonably necessary to a fair determination as to whether a permit should be issued. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.021 Permit – Standards for issuance.

The Director shall issue a permit hereunder when he finds:

A. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

B. That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation;

C. That all conditions including, where applicable, the payment of fees, approval of the City Council, and insurance coverage are met;

D. That the proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct;

E. That the proposed activity or use will not entail unusual, extraordinary, or burdensome expense or security operation by the department; and

F. That the facilities desired have not been reserved for other use. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.030 Violation of regulations – Sanctions.

A. Notwithstanding the provisions of EGMC Chapter 1.04, and except as provided in EGMC Section 9.36.035(E), and unless otherwise stated in this chapter, a violation of any of the provisions of this chapter, or failure to comply with any of the regulatory requirements of this chapter, is an infraction subject to the procedures described in Sections 19(c) and (d) of the California Penal Code.

B. The Director shall have the authority to revoke a permit upon a finding of violation of any regulation contained in this chapter or upon a finding of violation of other City ordinance or law of this state.

C. The Director shall have the authority to eject from any park facility any person acting in violation of regulations contained in this chapter.

D. The regulations contained herein shall not prohibit any person authorized by the Director from the normal exercise of requested, assigned, or contractual duties. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.035 Penalties.

A. Except as provided in subsection (E) of this section, every violation of this chapter constituting an infraction which shall be enforced pursuant to the provisions of EGMC Chapter 1.04.

B. Except as provided in subsection (E) of this section, every violation of this chapter constituting a misdemeanor which shall be enforced pursuant to the provisions of EGMC Chapter 1.04.

C. Each 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 chapter is committed, continued, or permitted by any such person, and shall be punished accordingly.

D. Malicious injury or destruction of any real or personal property which constitutes vandalism under the provisions of Section 594 of the Penal Code of the state of California shall be prosecuted as a violation of Section 594 of the Penal Code and shall be punishable as either a misdemeanor or a felony, as provided in Section 594 of the Penal Code. Under Section 594 of the Penal Code, if vandalism results in damage of $1,000 or more, the vandalism may constitute a felony punishable by a fine of $1,000 or up to a year in state prison, or both.

E. Any person violating or failing to comply with the provisions of EGMC Section 9.36.044(A) or (B) or 9.36.066(D) or (E) shall be subject to civil penalties, fees, charges and procedures as set forth in EGMC Section 10.04.100. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.040 Closure of facilities.

The Director shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when he determines that conditions exist in said facility or portion thereof which present a hazard to the facility or to public safety. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.041 Park fees – Purpose.

Section 50402 of the Government Code of the state of California provides that a City may charge for use or services provided in City parks so long as the charges do not exceed the cost of service. The purpose of this section and EGMC Sections 9.36.042, 9.36.043, 9.36.044, and 9.36.049 is to provide for park fees to be charged by the Department of Parks and Recreation for various park services and facilities within the parks in amounts reasonably necessary to recover the cost of operating the parks and providing the various services and facilities therein. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.042 Park fees – Establishment.

By resolution duly adopted, the Department of Parks and Recreation may charge fees for park use and use of various facilities or services at one or more of the City parks or recreation facilities, and add to, subtract from, increase or decrease such charges. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.043 Park fees – Criteria.

Park fees and user fees for City parks, recreation facilities and services within City parks established pursuant to this chapter shall comply with the following criteria:

A. Park fees on a per person or per vehicle basis, or both, may be charged in amounts reasonably necessary to recover the costs of facilities, capital improvements, maintenance and operation of City parks and recreation facilities, enforcement and policing of regulations governing park use, and associated administrative costs.

B. User fees for facilities and services within City parks and recreational facilities shall be charged in amounts reasonably necessary to recover the cost of providing the facilities and services. Examples of the types of facilities and services for which fees may be charged include, but are not limited to, the following: parking; swimming; ball field lighting and utilities; water parks and water play areas/structures; reservation of buildings and other facilities for exclusive use; participation in organized athletic and other programs of recreation; and golf greens fees. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.044 Violations.

A. It is unlawful for any person to enter or remain in any park facility without having paid the required fee.

B. Whenever the Director determines that parking or standing of vehicles in City parks would be disruptive to park users or create dangerous conditions, then the Director shall provide for the erection and posting of signs indicating that the parking or standing of vehicles is prohibited, limited or restricted. It is unlawful for any person to park a vehicle or allow a vehicle to stand in a City park contrary to the prohibitions of any sign authorized by this section. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.045 Violations – Group vehicle parking fees.

The prohibitions of EGMC Section 9.36.044 shall not apply to vehicle parking fees for any organization or group which is expressly authorized in writing by the Director to pay such fees following use of a park facility. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.049 Schedule of fees.

The schedule of fees may be established by duly adopted resolution and shall be applicable to the indicated City of Elk Grove parks and recreation facilities during the hours of operation of those parks and facilities.

The Director shall determine the hours of operation of City of Elk Grove parks and recreation facilities based on the following criteria:

A. Weather conditions;

B. Seasonal recreational activities scheduled or expected to occur at the parks or recreation facilities;

C. Nature or extent of public use of the parks or recreation facilities;

D. Cost effectiveness of operation of the parks or recreation facilities. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.050 Failure to obtain required permit.

No person shall use, occupy, or otherwise remain in any park facility or portion thereof for which a permit is required without first having obtained such permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.051 Priority of use.

Any person using a park facility or portion thereof which may be reserved by obtaining a permit, but who has not obtained such a permit, shall vacate said area when holders of a valid permit present themselves. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.052 Exhibiting permit.

No person shall fail to produce and exhibit a permit he claims to have upon request of any Department employee or any peace officer who desires to inspect said permit for the purpose of enforcing compliance with any regulations in this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.053 Selling and advertising.

A. Within the boundaries of any park facility, no person shall sell, vend, peddle, expose, offer for sale, or distribute after sale to the public any merchandise, service, or property, or sell tickets for any event; nor shall any person distribute, circulate, give away, throw, or deposit in or on any park facility any handbills, circulars, pamphlets, papers, or advertisements, which material calls the public attention in any way to any article or service for sale or hire; nor within any park facility shall any person solicit or collect donations of money or other goods from the public, without express approval of the City Council for such activity within the specific park facility. The Director shall have the authority to allow not-for-profit permittees to sell, vend, peddle, expose, offer for sale, or distribute after sale to the public any merchandise, service, or property, or sell tickets for any event as fund raising to cover the cost of the City user fees and the permitted event(s).

B. A request for approval as required by this section shall be submitted to the City Council for any activity which requires a written contractual agreement. The Director may approve any other request unless, in the discretion of the Director, the request is an unusual one which should be submitted to the Council for approval. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.054 Restrooms and washrooms.

Male persons shall not enter any restroom or washroom set apart for females, and female persons shall not enter any restroom or washroom set apart for males, except this shall not apply to children under the age of six (6) years who are accompanied by a person who is of the sex designated for that facility and who has reason to be responsible for that child. A violation of the provisions of this section is a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.055 Water pollution.

While within the boundaries of any park facility, no person shall throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay, or other body of water or in any tributary, stream, or drain flowing into such waters, any substance, matter, or thing, liquid or solid, including, but without limitation to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, food matter, wood, fiber, and plastics. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.056 Refuse.

No person shall dump, deposit, or release any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or trash in or on any park facility, except that refuse which is incidental to the use of the facility may be deposited in the receptacles provided therefor. For purposes of this section, an incinerator, stove, fire ring, barbecue, or other device used to contain fires or for cooking is not a proper receptacle for refuse or other waste material. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.057 Smoking.

No person shall smoke any substance in any area designated as a nature trail or nature area or in or on any park facility where smoking is prohibited. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.058 Consumption of alcoholic beverages.

A. No person shall possess any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which has been partially removed, in any area designated as a nature trail or nature area or on or within any park or park facility which has been posted with signs prohibiting such possession. The governing body of the entity owning the park facility may, by resolution, designate, or authorize the Director to designate, the park or park facilities to be posted.

B. It shall be unlawful for any person under twenty-one (21) years of age to be in possession of an alcoholic beverage while such person is in or upon any park facility. Notwithstanding any other provision of this code to the contrary, violation of the provisions of this section shall constitute an infraction, and shall be punishable pursuant to the provisions of Section 25132 of the Government Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.059 Fires.

A. Without a permit issued by the Director, no person shall ignite, maintain, or use any fire in any place within any park facility except in a barbecue cooker or other cooking device authorized by the Director for that purpose.

B. No person shall ignite or maintain a fire of materials deposited in any can, box, trench, pit, or other receptacle maintained for the purpose of garbage disposal or incineration. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.060 Fireworks.

No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks defined and classified as “safe and sane fireworks” in Section 12504 of the California Health and Safety Code at any public gathering or patriotic celebration provided a permit for such discharge or display has been obtained from the Director. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.061 Firearms, air guns, and other weapons.

No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire, or discharge any firearm, air gun, spring gun, bow and arrow, slingshot, or any other weapon potentially dangerous to wildlife or human safety, except in areas, at times, and under conditions designated by the Director for such use. A violation of the provisions of this section is a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.062 Animals.

No person shall:

A. Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal within the boundaries of any park facility, nor remove or have in his possession the young, eggs, or nest of any such creature;

B. Abandon any animal, dead or alive, within any park facility;

C. Remove any animal not his own within any park facility; exception is made to the foregoing in that in proper season, fish may be fished and removed from areas designated for fishing by licensed persons, and boarded horses may be removed from a park facility upon proper notification to the Department;

D. Bring into, maintain or allow in or upon any park facility any dog, cat, or other animal except a horse, unless such animal at all times is kept on a leash of sufficient strength and durability that it cannot be broken by the animal so leashed, and no longer than six (6' 0") feet in length, and is under the full and complete physical control of its owner or custodian at all times, except that all dogs, cats or other animals shall be prohibited at all times in or upon any area, or within fifteen (15' 0") feet of such an area, designated as a nature study area, horse trail, or bicycle trail; provided, however, the Director may designate areas and times within which persons may show, demonstrate, or train unleashed animals but under full control of their owners or custodians;

E. Permit cattle, sheep, goats, horses, or other animals owned by him or in his possession to graze within the boundaries of any park facility without express approval of the City Council;

F. Ride a horse, pony, mule, burro, or any other animal upon, over or across any park facility, except at times and upon roads or trails designated for the riding of such animals or as otherwise provided within a properly issued permit;

G. Permit any animal owned by him, or in his possession, to be brought into or remain upon the premises of any park facility if the Director has given oral or written notice to remove that animal from such premises. The Director may give such notice if such animal is known to the Director to at any time have caused any injury or damage to any person, other animal or property of another while upon the premises of any park facility;

H. Permit or suffer any animal owned by him, or in his possession, custody, or control, to defecate upon park facility property without immediately removing such animal feces, placing said feces in a sealed bag or other sealed container, and placing such bag or container with feces in a proper refuse receptacle. Persons with horses in their possession, custody, or control, at times and upon roads or trails designated for the riding of such animal, and unsighted persons while relying on a guide dog, are exempt from the provisions of this subsection;

I. A violation of any of the provisions of this section shall be enforced pursuant to the provisions of EGMC Chapter 1.04 as follows:

1. A first violation of any of the provisions of this section is punishable as an infraction; and

2. A second or subsequent violation of the same provisions of this section committed within thirty (30) days of the previous violation shall be a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.063 Real property – Appropriation or encumbrance.

No person shall deposit any earth, sand, rock, stone, or other substance within any park facility; nor shall he dig or remove any such material from within any park facility; nor shall he erect or attempt to erect any building, wharf, or structure of any kind by driving or setting up posts or piles; nor in any manner appropriate or encumber any portion of the real property owned, operated, controlled, or managed by the Department, without a permit from the Director. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.064 Property – Use of.

No person shall:

A. Dig up, pick, remove, mutilate, injure, cut, or destroy any turf, tree, plant, shrub, bloom, flower, artifact, or archeological site, or any portion thereof;

B. Cut, break, injure, deface, or disturb any building, sign, fence, bench, structure, apparatus, equipment, or property, or any portion thereof; or

C. Without a permit from the Director, make or place on any tree, plant, shrub, bloom, flower, building, sign, fence, bench, structure, apparatus, equipment, or property, or an any portion thereof, any rope, wire, mark, writing, printing, sign, card, display, or similar inscription or device. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.065 Locks and keys.

No person other than one acting under the direction of the Director shall duplicate or cause to be duplicated a key used by the department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped to any unauthorized person. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.066 Motorized vehicles.

A. While within the boundaries of any park facility, no person shall drive or operate any automobile, motorcycle, motor scooter, trail bike, dune buggy, truck, or other motorized vehicle on roads or trails other than those designated for that purpose without a permit from the Director.

B. While within the boundaries of any park facility, no person shall drive any automobile, motorcycle, motor scooter, truck, or other motorized conveyance, except an authorized emergency vehicle, at a rate of speed exceeding twenty-five (25 mph) miles per hour, except as may be otherwise posted by the Director, or in any case at speeds exceeding safe conditions dictated by prevailing circumstances.

C. No person shall operate any automobile or other motorized vehicle within the boundaries of any park facility unless such vehicle is currently licensed, except unlicensed vehicles may be operated in areas designated and posted for such use and in accordance with the rules established for such areas.

D. No person shall park any automobile or other motorized vehicle within any park facility except in areas specifically designated as parking areas. In no case shall any person park a motorized vehicle in a manner that presents a hazard to the public.

E. No person shall park or otherwise allow automobiles and other conveyances to remain within the boundaries of any park facility during the hours the facility is closed without a permit from the Director.

F. No person shall abandon any motorized vehicle within the boundaries of a park facility.

G. No person shall wash or repair any automobile or other motorized vehicle within the boundaries of any park facility.

H. All motorized vehicles within the boundaries of any park facility shall be equipped with a properly installed muffler device which is in constant operation and which prevents excessive or unusual noise. No such muffler device or exhaust system shall be equipped with a cutout, bypass, or similar device. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.067 Bicycle trails and bicycles.

Within the boundaries of any park facility no person shall:

A. Operate any motorized vehicle, including, without limitation, motorcycles, trail bikes, or motorized bicycles upon any bicycle trail except at street, driveway or access road intersections for the purpose of crossing a bicycle trail, without a permit from the Director;

B. Use any portion of a bicycle trail while on roller skates or a skateboard, except that roller skating may be allowed on portions of a bicycle trail designated for such use by the Director and where signs allowing such use have been placed;

C. Hold any competitive event on any bicycle trail without a permit from the Director;

D. Ride a bicycle on any grassy area, path, or walkway designated for pedestrian or equestrian use. A bicyclist shall be permitted to push a bicycle by hand over any such grassy area, path or walkway;

E. Leave a bicycle in any place or position where other persons may trip over or be injured by it;

F. Ride a bicycle on a designated off-street bicycle trail in excess of fifteen (15 mph) miles per hour, except for permitted competitive events; or in a manner which is unsafe or which may be injurious to the rider or other persons, except for permitted competitive events;

G. Ride a bicycle upon any unpaved road, trail or area, except on authorized fire roads, service roads or paths designated for bicycle use. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.068 Prohibition of skates in park facilities.

Except as provided in EGMC Section 9.36.067 and in such areas specifically designated for the use of such devices, no person shall ride upon a skateboard, roller skates, in-line skates, roller skis, or a similar device within the boundaries of any park facility where the use of such devices has been prohibited by the posting of a sign or signs prohibiting such activity in locations which give users of the park facilities adequate notice and which clearly state the areas or locations of prohibition. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.069 Hours of use.

The Director is authorized to promulgate reasonable opening and closing hours for park facilities. No person shall enter, remain in, or camp in or on any park facility during the hours or any part of the hours said facility is closed without a permit from the Director. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.070 Games.

The playing of rough or comparatively dangerous games such as football, baseball, horseshoes, soccer or of any games involving thrown, hit, or otherwise propelled objects such as golf balls, balls of other description, stones, arrows, javelins, or model airplanes is prohibited except in fields, courts, or areas specifically provided therefor, or, with express permission of the Director, in areas compatible to said use. Persons desiring to use a park facility for the specific purpose for which the facility was established shall have priority of use over persons using said facility for another nonproscribed purpose. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.071 Swimming.

No person shall swim, bathe, or wade in any water or waterways within any park facility when such activity is prohibited and so posted by the Director upon his finding that use of the water would be dangerous to the user, incompatible with the function of the facility, or inimical to public health. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.072 Boats.

Regulations governing the use of boats within any park facility may be established and posted by the Director. Said regulations shall promote the safety of swimmers and boaters, the protection of property, and general public enjoyment of the facility. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.073 Regulations.

The Director may establish and post regulations governing the use of park facilities which are not inconsistent with regulations contained in this chapter and which promote public health and safety and the preservation of property. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.074 Sound amplification equipment.

Within any park facility, no person shall use sound amplification equipment in excess of the noise levels provided by the Zoning Code without a permit from the Director. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.076 Glass beverage containers – Purpose.

The City of Elk Grove operates and maintains its parks and park facilities for the use, benefit, recreation and enjoyment of the general public. However, the City’s park facilities accumulate significant amounts of litter annually, a large percentage of which consists of randomly discarded glass beverage containers. The recurring and increasing presence of broken glass resulting from such discarded containers poses a serious threat to the public safety at such park facilities, and unreasonably interferes with the public’s use and enjoyment thereof. Broken glass is a unique form of litter in that it can virtually elude clean-up efforts. Submerged or otherwise concealed broken glass has resulted in injuries to park visitors involving deep cuts, lacerations and other complications. In almost all cases, advanced medical care beyond basic first aid was required, with most cases requiring suture of lacerations. Additionally, some victims required treatment for shock. In some cases, it appeared likely that surgery would be required to repair nerve, cartilage or tendon damage. Many more such injuries occur, yet go unreported.

It is therefore essential to the preservation of the public peace, health, welfare and safety, and the furtherance of safe public use and enjoyment of City parks and park facilities, that the presence of glass beverage containers upon such premises be prohibited. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.077 Glass beverage containers – Prohibition.

No person shall possess any cup, tumbler, bottle, jar or other container made of glass and used for carrying or containing any liquid for drinking purposes within any park or on any body of water or within any other park or park facility which has been posted with signs prohibiting such possession, except in locations where such containers are permitted under the terms of a lease, operating agreement or permit. The governing body of the public entity owning or managing such park or park facility may by resolution designate, or authorize the Director to designate, the park or park facilities to be posted. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.078 Concessions.

A. The sale of goods and services, including, but not limited to, food products, apparel, instructional lessons, and entertainment, by natural persons or entities for commercial gain potentially adversely and seriously impacts the use of park lands and park facilities for use by the public for recreational purposes. Any such sales must be regulated through the use of concession contracts to ensure that the goods and services marketed will promote the beneficial use of park facilities for recreational purposes.

B. It shall be unlawful for any person or entity to enter on and use park lands or facilities owned by the City for the purpose of selling goods or services for commercial gain without having first applied for and obtained from the City Council a concession contract authorizing the sales and otherwise regulating the time, place, and manner of such sales. The violation of this subsection shall be punishable as an infraction as provided in EGMC Section 9.36.035.

C. The provisions of this section shall not be deemed to apply to the sale or distribution of newspapers, books, pamphlets, or other activity constituting protected speech under the First Amendment of the United States Constitution or comparable protections under the California Constitution. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.079 Public nuisance.

Any violation of the provisions of this chapter constitutes a public nuisance. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.080 Authority to arrest and cite.

A. City of Elk Grove Park Facilities – Employees. Pursuant to the Public Resources Code, the City of Elk Grove Director of Parks and Recreation, and uniformed Park and Recreation Employees that may be designated by the Director, shall have the authority and immunities of public officers and employees as set forth in Section 836.5 of the Penal Code to make arrests and issue citations in accordance with the provisions of Chapter 5C (commencing with Section 853.6), Title 3, Part 2 of the Penal Code, for misdemeanor violations of the laws of the state of California and ordinances of the City of Elk Grove committed within their presence in a City park or City recreation area.

B. City of Elk Grove Park Facilities – Park Ranger. Pursuant to authorization granted by subsection (b) of Section 830.31 of the Penal Code, those employees designated Park Rangers by the City of Elk Grove Park Director shall have the power of peace officers as provided in Section 830.31 of the Penal Code. Such designation as Park Ranger may be made when the employee is regularly employed and paid in that capacity and if the primary duty of the peace officer is the protection of City of Elk Grove park facilities and the preservation of peace therein.

C. Recreation and Park Districts. Pursuant to the authorization of Section 5782.26 of the Public Resources Code, the Director of a Recreation and Park District created pursuant to Section 5780 et seq. of the Public Resources Code, and uniformed park and recreation employees designated by the Director, shall have the authority and immunities of public officers and employees as set forth in Section 836.5 of the Penal Code to make arrests and issue citations in accordance with the provisions of Chapter 5C (commencing with Section 853.5), Title 3, Part 2 of the Penal Code, for misdemeanor and infraction violations of state of California law, ordinances of the City of Elk Grove, or park and recreation district regulations or ordinances, when the violation is committed within the park and recreation district and in the presence of the Director or employee issuing the citation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

9.36.081 Parking regulations enforcement.

Pursuant to Section 836.5 of the Penal Code, employees of the City assigned to the classes of Park Ranger Assistant, Park Ranger I, Park Ranger II, and Park Ranger III are hereby designated and shall have the duty to enforce parking regulations as enumerated in Chapter 10.24 EGMC and may make arrests and issue citations for violations of such parking regulations as provided in Section 836.5 of the Penal Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]