Chapter 12.24
PARKS
Sections:
12.24.020 Prohibitions generally.
12.24.030 Pollution of water and refuse dumping prohibited.
12.24.040 Operation of motor vehicles and bicycles.
12.24.060 Picnic areas – Restrictions.
12.24.090 Merchandising and advertising prohibited.
12.24.100 Repealed.
12.24.110 Park usage during certain hours prohibited without permit.
12.24.130 Lost and found articles.
12.24.140 Compliance by permittees.
12.24.160 Applicability of all other city ordinances.
12.24.010 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section:
A. “Caretaker” means the person or persons who are responsible for the care and maintenance of the park.
B. “Confines of park” means (1) that area from the intersection of Park and Main Streets north to Carson Woods Road to the center of Rohner Creek on the west and extending east through the wooded area. This also includes the rodeo grounds, shooting range and ballfields; (2) Newburg Park inside the fenced area of the park.
C. “Consume alcoholic beverages” means to drink alcoholic beverages.
D. “Director” means the parks and recreation director.
E. “Dispense alcoholic beverages” means to distribute alcoholic beverages to the public.
F. “Park” means namely Rohner Park and Newburg Park or any other area in the city owned or used by the city and devoted to active and passive recreation.
G. “Picnic areas” means those areas that are normally used for picnics and are equipped with picnic tables.
H. “Vehicle” means any wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled. The term shall include any trailer in tow of any size or kind. Exception is made for baby carriages or vehicles in the service of the city. (Ord. 87-520 § 2; Ord. 84-480; Ord. 349 § A, 1974).
12.24.020 Prohibitions generally.
No person shall do the following:
A. Willfully mark, deface, injure, tamper with, or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, bleachers, ballfields, water lines, paving or paving materials or other public utilities or parts thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal;
B. No person over the age of eight years shall use restrooms and washrooms designated for the opposite sex;
C. Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials or make any excavations by tool, equipment or any other means or agency;
D. 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 land, except on special written permission issued under this chapter;
E. Go upon any lawn or grass areas where prohibited by the director or where such prohibition is indicated by proper and legible signs;
F. Erect or maintain any overhead wires through the park without prior written permission;
G. 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 conveyance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area;
H. Climb any tree or walk, stand or sit upon any monuments, vases, fountains, fireplaces, railings, tables, fences or upon any other property not designated or customarily used for such purposes;
I. Hunt, molest, harm, frighten, trap, chase, kill, tease or shoot or throw missiles at any animal, reptile or bird, nor shall he remove or have in his possession the young offspring of any wild animal or the eggs or nest of any bird or young of any reptile or bird;
J. Give or offer or attempt to offer any animal or bird tobacco, alcohol or other known noxious substances. (Ord. 349 § B, 1974).
12.24.030 Pollution of water and refuse dumping prohibited.
No person in the park shall do the following:
A. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, stream or any other body of water in or adjacent to the park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or things, liquid or solid, which will or may result in the pollution of the waters;
B. Have brought in or shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, refuse or trash; nor shall these be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in proper receptacles where these are provided. All other such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (Ord. 349 § C, 1974).
12.24.040 Operation of motor vehicles and bicycles.
No person in a park shall do the following:
A. Fail to comply with all applicable provisions of the Vehicle Code of the state of California in regard to equipment and operation of vehicles together with such regulations as are contained in this code regulating traffic;
B. Fail to obey all police officers and park caretakers who are authorized and instructed to direct traffic whenever and wherever needed in the park in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the city;
C. Fail to observe carefully all traffic signs, parking, and all other signs posted for the proper control and to safeguard life and property;
D. Ride or drive any vehicle on any area except the paved or gravel park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the city;
E. Drive or ride any motor-driven cycle on any roads or trails east of Park Street or in any ballfield or rodeo grounds;
F. Park a vehicle in other than an established or designated parking area, and such as is in accordance with the posted directions thereat and with the instructions of any attendant who may be present;
G. Ride a bicycle on other than a vehicular road or trail designated for that purpose;
H. Ride a bicycle in any other manner than those applying to any other type of vehicle;
I. Assemble, collect, or gather together in or on any sidewalk, driveway, passageway or pathway, or in any place set apart for the travel of persons or vehicles in or through any such park, or occupy the same so that the free passage or use thereof by persons or vehicles along the same are obstructed in any manner. (Ord. 349 § D, 1974).
12.24.050 Swimming or wading.
No person in the park shall swim, bathe, wade in, or pollute the water of any fountain, pond or stream, except that wading or swimming may be permitted in pools for these purposes. (Ord. 349 § E, 1974).
12.24.060 Picnic areas – Restrictions.
No person in the park shall do the following:
A. Picnic or lunch in a place other than those designated for that purpose; caretakers shall have the authority to regulate activities in such areas when necessary to avoid congestion and to secure the minimum use for the convenience and comfort of all. Visitors shall comply with any directions given to achieve this end. Individual fireplaces or tables and benches shall be used on a first-come, first-served basis;
B. Use any portion of the picnic areas or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, except by permit only; nor shall any person use such area and facilities for an unreasonable length of time if the facilities are crowded;
C. Leave a picnic area before the fire is completely extinguished and before all trash and refuse has been placed in disposal receptacles where provided. (Ord. 349 § F, 1974).
12.24.070 Reservation for exclusive use of city park facilities and permit to dispense alcoholic beverages.
A. A reservation shall be made with the city for the exclusive use of any park area or park facility.
B. A permit shall be approved by the city manager for groups or organizations to dispense alcoholic beverages in parks after five working days and upon the following conditions:
1. The requested area of the park is available during the time for which the permit is requested;
2. The expected attendance does not exceed the capacity of the area;
3. The city or applicant can provide sufficient security for the event, as determined by the chief of police;
4. The applicant has posted with the city manager’s office the requested fee(s), license(s), insurance policy(s), and deposit(s);
5. Permits granted under this chapter shall not be transferable, either as to permittee or location. Any attempt to transfer shall render the permit invalid;
6. Any permit issued under this section may be revoked or future requests denied by the city manager or his designee for violations of federal or state law, or any alcohol-related ordinances of the municipal code.
C. Nevertheless, individual picnickers may consume alcoholic beverages with their meals without a permit. (Ord. 87-520 § 4; Ord. 84-480; Ord. 349 § G, 1974).
12.24.080 Prohibited conduct.
In any city park no individual, group or organization shall do the following:
A. Dispense alcoholic beverages during any activity that is primarily scheduled for youth participation;
B. 1. Dispense or consume alcoholic beverages in parks playground areas posted with signs that state “CONSUMPTION OF ALCOHOLIC BEVERAGES NOT PERMITTED AT THIS LOCATION”;
2. Have entered or be under the influence of intoxicating liquor under Section 647(f) of the Penal Code;
C. No person having the control or care of any dog shall suffer or permit such dog to enter or remain in the park unless it be led by leash of suitable length not more than six feet in length and the owner or attendant shall be responsible for any damage caused by such dog, even if on leash;
D. Lead, ride, or drive or let loose any cattle, horse, mule, goat, sheep, swine, or fowl or any kind except that horses may be led or ridden on Park Street for the purpose of getting to or from the rodeo grounds and may be led or ridden inside the area of the rodeo grounds and on the roads and trails east of Park Street and the rodeo grounds;
E. At no time will horses be ridden, tied, or allowed to graze on grass areas, ballfields, near picnic areas, sidewalks, or on other streets and roads except those in subsection (D) of this section; horses not allowed in the confines of Newburg Park;
F. Make or kindle a fire for any purpose, except at places provided for such purpose unless prior special permission is obtained therefore;
G. Enter an area posted as “CLOSED TO THE PUBLIC,” nor shall any person use or abet the use of any area in violation of posted notices;
H. Play or bet at or against any game which is played, conducted, dealt or carried on for money, chips, shell, credit, or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any ordinance of the city;
I. Bring into or consume any beverage in a glass container in any park;
J. Use, operate, or cause to be operated, any system for amplifying sound, whether for speech, music, or otherwise; as used herein “system for amplifying sound” means any devices which project or transmit sound by means of electronics; provided, however, that systems for amplifying sound, when their total output is limited to 25 watts or less whether single or multiple channeled amplification is involved, may be used or operated in the park in conjunction with and if authorized by an exclusive use permit issued by the director may impose;
K. Any other condition which is prohibited by park rules. (Ord. 87-520 § 5; Ord. 84-480; Ord. 349 § H, 1974).
12.24.090 Merchandising and advertising prohibited.
No person in a park shall do the following:
A. Expose or offer for sale any food, article or thing; nor shall he station or place any stand, cart, or vehicle for the transportation, sale or display of any food, article or thing, except any regularly licensed concessionaire acting by and under the authority and regulation of the director;
B. Announce, advertise or call the public attention in any way to any article or service for sale or hire, except by permit;
C. 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 in any park. (Ord. 2011-693 § 2 (Exh. A); Ord. 349 § I, 1974).
12.24.100 Camping and overnight parking.
Repealed by Ord. 2013-700. (Ord. 78-402 § 1; Ord. 349 § J, 1974).
12.24.110 Park usage during certain hours prohibited without permit.
Except for a city-approved organized recreation activity, no person shall enter, remain, or stay in any public park between hours of 10:00 p.m. and 6:00 a.m. of the following day without approval from the chief of police. (Ord. 84-480; Ord. 349 § K, 1974).
12.24.120 Closing.
Any section or part of a park may be declared closed to the public by the recreation director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the recreation director finds reasonably necessary. (Ord. 84-480; Ord. 349 § L, 1974).
12.24.130 Lost and found articles.
The finding of lost articles by park caretaker shall be reported to the director who shall make every reasonable effort to find the owners of articles reported as lost. (Ord. 349 § M, 1974).
12.24.140 Compliance by permittees.
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits. (Ord. 349 § N, 1974).
12.24.150 Enforcement.
The director, chief of police, and all park caretakers shall enforce the provisions of this chapter. (Ord. 349 § O, 1974).
12.24.160 Applicability of all other city ordinances.
All ordinances and regulations of the city are extended and made applicable to all city parks. (Code 1961 § 16-1).