Chapter 11.04 PUBLIC PARKS

“Park” means a place, park, structure, area or other facility under the jurisdiction of the city used for community recreation (whether or not the same may be used also for other purposes), playgrounds, playing fields, courts, swimming pools, gymnasiums, auditoriums, rooms for arts and crafts and meeting places.

“Vehicle” means any wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled and shall include any trailer in tow of any size, kind, or description, except for baby carriages and vehicles in the service of the city parks. (Ord. 1547 § 2 (part), 1998; prior code § 11-2.01)

11.04.020 Permit required for certain activities.

A permit shall be obtained from the director before participating any activity which causes, or may cause, special handling, consideration, or variation from the “first come, first served” basis such as the following:

A. Group picnics;

B. Group activities requiring specific areas, time, and/or equipment;

C. Athletic games, contests or tournament sessions;

D. The use of buildings, tables or chairs;

E. The use of special equipment or demonstrations not normally used in park or athletic areas;

F. Dances, shows or exhibitions; and

G. Any activity for which an admission fee is charged or a donation is received. (Prior code § 11-2.02)

11.04.030 Park hours.

Gardena parks shall be closed to the public every day of the year between 10:00 p.m. and 6:00 a.m. It shall be a misdemeanor to be in the park during these hours. This information shall be posted throughout each park and at each park entrance in typeface not less than two inches in height. This section shall not apply to an individual who is in the park during prohibited hours for an event or activity which is sponsored by the City or an event or activity for which a permit has been issued by the City. (Ord. 1613 § 1, 2001)

11.04.040 Permit issuance.

The director shall issue a permit 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 and use will not unreasonably interfere with or detract from the promotion of the public health, welfare, safety and recreation;

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

D. That the proposed activity or use will not entail unusual, extraordinary or burdensome expense or police operation by the city;

E. That the facilities desired have not been reserved for other use at the day and hour required in the application; and

F. That if the proposed activity and use requested is for sports league or tournament play, that the permittee provide proof of liability insurance which names the city, its officers, agents, employees and volunteers as “additionally insured” in form and amount approved by the city council. (Ord. 1547 § 4, 1998; prior code § 11-2.04)

11.04.050 Permit refusal – Appeals.

Within five calendar days after receipt of an application the director shall apprise an applicant in writing of his reasons for refusing a permit. Any aggrieved person shall have the right to appeal in writing to the recreation and parks commission and if the recreation and parks commission refuses to issue such permit, shall have the right to appeal in writing to the city council. Both the recreation and parks commission and the city council shall consider the application under the standards set forth in Section 11.04.040 and sustain or overrule the director’s decision at its earliest meeting date. The decision of the city council shall be final. (Ord. 1547 § 5, 1998: prior code § 11-2.05)

11.04.060 Exhibition of permit.

No person shall fail to produce and exhibit any permit issued by the director which such person claims to have upon the request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law, rule or regulation of the city. (Prior code § 11-2.06)

11.04.070 Interference with permittees.

No person shall disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit. (Prior code § 11-2.07)

11.04.080 Effect of permit.

A permittee shall be bound by all park rules and regulations and all applicable laws as fully as if the same were inserted in the permit. (Prior code § 11-2.08)

11.04.090 Liability of permittee.

The person 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 to whom such permit shall have been issued. (Prior code § 11-2.09)

11.04.100 Permit revocation.

The director shall have the authority to revoke a permit upon a finding of the violation of any rule or law or upon good cause shown. (Prior code § 11-2.10)

11.04.110 Care of buildings and grounds.

No person shall:

A. Wilfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridge, table, bench, fireplace, railing, paving, paving material, water line or other public utility or parts or appurtenances, sign, notice or placard, whether temporary or permanent, monument, stake, post or other boundary marker, or any other structure, equipment, facility or park property, either real or personal;

B. Dig or remove any beach sand, whether submerged or not, soil, rock, stone, tree, shrub, or plant or down timber or other wood or materials, or make any excavation by tools, equipment, blasting, or other means or agency;

C. 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 permit issued pursuant to the provisions of Section 11.04.040; or

D. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.

E. Children under the age of ten may use the restroom of the opposite sex when accompanied by a parent or guardian of that sex and when necessary, physically handicapped individuals may use the restroom of the opposite sex when accompanied by an attendant, parent or guardian of that sex. (Ord. 1726 § 14, 2011; prior code § 11-2.11)

11.04.120 Care of trees, shrubbery and lawns.

A. Damage, cut, carve, transplant or remove any tree or plant, injure the bark or pick the flowers or seeds of any tree or plant, attach any rope, wire or contrivance to any tree or plant, or dig in or otherwise disturb grass areas, or in any way injure or impair the natural beauty or usefulness of any area;

B. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences or gun carriages or upon any property not designated or customarily used for such purpose; or

C. Tie or hitch a horse or other animal to any rock, tree or plant. (Prior code § 11-2.12)

11.04.130 Sanitation.

No person shall:

A. Throw, discharge or place, or cause to be placed, in the water of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or tributary, stream, storm sewer, or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters; or

B. Bring in or dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash.

No such refuse or trash shall be placed in any waters in or contiguous to any park or be left anywhere on the grounds but shall be placed in the proper receptacles provided; provided, however, where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and shall be properly disposed of elsewhere. (Prior code § 11-2.13)

11.04.140 Traffic.

No person shall:

A. Fail to comply with all the applicable provisions of the state motor vehicle traffic laws and city laws, rules and regulations relating to equipment and the operation of vehicles or fail to comply with such regulations as contained in this chapter;

B. Fail to obey all traffic officers and park employees, such persons being authorized and instructed to direct traffic whenever and wherever needed in the park in accordance with the provisions of this chapter and such supplementary regulations as may be issued subsequently by the director;

C. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all other signs posted for proper control and to safeguard life and property;

D. Ride or drive a vehicle at a rate of speed exceeding eight miles per hour except upon such roads as the director may designate, by posted signs, for speedier travel;

E. Drive any vehicle on any area except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the director;

F. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present; provided however, there shall be no parking in any area between the hours of midnight and sunrise without the approved written authorization from the director or the chief of police; or

G. Leave any vehicle anywhere in the park with one or more wheels chained or with the motor set in gears locked or in any manner fixed or arranged so that such vehicle cannot readily be moved by hand. (Ord. 1547 §§ 6, 7, 1998; prior code § 11-2.14)

11.04.150 Bicycles.

No person shall:

A. Ride a bicycle on other than a paved vehicular road or path designated for that purpose; provided, however, a bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use;

B. Ride a bicycle other than on the right hand side of the road paving as close as conditions permit;

C. Fail to keep bicycles in single file when two or more are operating as a group;

D. Fail to operate his bicycle with reasonable regard to the safety of others, signal at all turns, pass to the right of any vehicle he is overtaking, or pass to the right of any vehicle he may be meeting;

E. Ride any other person on a bicycle;

F. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available;

G. Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by it. (Ord. 1470 § 9, 1993; prior code § 11-2.15)

11.04.160 Hunting and shooting firearms.

No person shall:

A. Hunt, trap or pursue wildlife at any time;

B. Use, carry or possess firearms of any description, air rifles, spring-guns, bows and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety, or any instrument which can be loaded with and fire blank cartridges, or any kind of trapping device; or

C. Shoot into park areas from beyond park boundaries. (Prior code § 11-2.16)

11.04.170 Use of picnic areas.

No person shall:

A. Picnic or lunch in a place other than those designated for that purpose; provided, however, attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all and visitors shall comply with any directions given to achieve this end;

B. Violate the regulation that use of the individual fireplaces, together with tables and benches, follows generally the rule of “first come, first served”;

C. 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, or use such area and facilities for an unreasonable time if the facilities are crowded; or

D. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. (Prior code § 11-2.17)

11.04.180 Camping.

No person shall:

A. Camp in other than permanent cabins for organized camping provided by the director and used by groups of persons under adequate supervision; or

B. Set up tents, shacks or any other temporary shelter for the purpose of overnight camping or leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camp wagon or the like, without the approved written authorization from the director. (Ord. 1547 § 8, 1998; prior code § 11-2.18)

11.04.190 Games.

A. No person shall take part in or abet the playing of any games involving thrown, or otherwise propelled, objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation.

B. The playing of rough or comparatively dangerous games such as football, baseball, and quoits shall be prohibited except on the fields and courts or areas provided therefor.

C. Roller skating shall be confined to those areas specifically designated for such pastime. (Prior code § 11-2.19)

11.04.200 Horseback riding.

No person shall ride a horse except on designated bridle trails. Where horseback riding is permitted, horses shall be thoroughly broken, properly restrained, ridden with due care, and shall not be allowed to graze or go unattended. (Prior code § 11-2.20)

11.04.220 Soliciting contributions.

No person shall solicit alms or contributions for any purpose, whether public or private. (Prior code § 11-2.22)

11.04.230 Games of chance.

No person shall gamble, participate in or abet any game of chance. (Prior code § 11-2.23)

11.04.240 Loitering and disorderly conduct.

No person shall sleep or protractedly lounge on the seats or other areas, engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace. (Prior code § 11-2.24)

11.04.250 Fireworks and explosives.

A. No person shall bring, have in his possession, set off, or otherwise cause to explode, discharge or burn any firecracker, torpedo, rocket or other fireworks or explosives, or flammable materials, or discharge or throw them into any park area from land or a highway adjacent thereto.

B. The explosives prohibited by the provisions of this section shall include any substance, compound, mixture or article which, in conjunction with any other substance or compound, would be dangerous; provided, however, the provisions of this section shall not apply to any organized group activity, approval to which has been granted by the council. (Ord. 1738 § 62, 2012: Ord. 1726 § 15, 2011; prior code § 11-2.25)

11.04.260 Animals.

Any owner or possessor of, or any person having under his custody and/or control, a dog or other animal shall not allow the entry of such dog or other animal into any area on park premises other than into an automobile parking lot, and in such instances while the animal is in a parking lot, he shall be retained safely secured within an automobile.

Any exception to this provision shall be approved in writing by the director of recreation and human services. (Ord. 1547 § 1, 1998; prior code § 11-2.26)

11.04.270 Peddling and vending.

No person shall expose or offer for sale any article or thing or station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or thing; provided, however, an exception to this provision shall be made for any regularly licensed concessionaire acting by and under the authority and regulation of the director. (Prior code § 11-2.27)

11.04.280 Advertising.

No person shall announce, advertise or call the public attention in any way to any article or service for sale or hire; provided, however, an exception to this provision shall be made for regularly scheduled recreation and parks department activities or such community service activities as are authorized by the council and regulated by the director. (Prior code § 11-2.28)

11.04.290 Signs.

No person shall paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, or erect, or cause to be erected, any sign whatever on any public lands, highways, or roads adjacent to a park. (Prior code § 11-2.29)

11.04.300 Lost and found articles.

The finding of lost articles by park attendants shall be reported to the director who shall make every reasonable effort to locate the owners and the director shall make every reasonable effort to find articles reported as lost. (Prior code § 11-2.30)

11.04.310 Reservation of facilities.

No person shall occupy any seat or bench or enter into, loiter, or remain in any pavilion or other park structure or section thereof which has been reserved for use by another. (Ord. 1726 § 16, 2011: prior code § 11-2.31)

11.04.320 Fires.

No person shall build, or attempt to build, a fire, except in such areas and under such regulations as may be designated by the director, or drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto. (Prior code § 11-2.32)

11.04.330 Closed areas.

Any section or part of any park may be declared closed to the public by the 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 director shall find reasonably necessary.

No person shall enter an area posted “Closed to the Public” or use or abet the use of any area in violation of posted notices. (Prior code § 11-2.33)

11.04.340 Park hours.

11.04.350 Authority of officials.

The director, park supervisor and appointed or designated recreation leaders shall have complete authority and control to supervise and regulate the conduct of all activities in each respective park. Such personnel shall have the right to refuse permission to anyone to enter, use or remain on the premises for any violation of any of the provisions of this chapter. (Prior code § 11-2.35)

11.04.360 Enforcement of provisions.

In the event any participant or visitor fails to accede to the request of the personnel referred to in Section 11.04.350, such personnel shall immediately call or contact the police department which shall take proper action to enforce the provisions of this chapter. (Prior code § 11-2.36)

11.04.370 Drug free zones.

In order to implement the enhanced penalties for the possession for sale or sale of controlled substances effected by California Health and Safety Code Section 11380.5, the following public parks, together with the public parking lots and sidewalks adjacent to them, are designated as “drug free zones”:

Vincent Bell Memorial Park

George H. Freeman Memorial Park

Recreation Park

Paul A. Rowley Memorial Park and Gymnasium

James Rush Memorial Gymnasium

South Gardena Park

Edward L. Thornburg Memorial Park

Harvard Parkette

Ernest J. Primm Memorial Pool

Mayme Dear Memorial Library

(Ord. 1560 § 1, 1998)

11.04.380 Smoking prohibited in and around parks.

It shall be unlawful for any person to smoke, as that term is defined in Section 5.52.010(G), or to throw or deposit any cigar, cigarette, or other tobacco product as defined in Section 5.52.010(I). (Ord. 1753 § 2, 2014: Ord. 1652 § 1, 2004)