Chapter 12.06
PUBLIC PARKS AND PROPERTIES
Sections:
12.06.020 Restrictions on parking in public parks and on public property.
12.06.050 Permit procedure adoption.
12.06.060 Permit issuance for group activities.
12.06.070 Possession, offering and/or consumption of alcoholic beverages.
12.06.010 Definitions.
A. “Alcoholic beverages,” when used in this chapter, means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 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.
B. “Public park” shall mean any property owned and controlled by the city for general use of the public for passive and/or active recreation purposes.
C. “Public properties” shall mean any property owned and controlled by the city that is not a public park, and shall not include improved rights-of-way, streets, highways or alleys. (Ord. 297 § 2, 2005)
12.06.020 Restrictions on parking in public parks and on public property.
A. Parking is prohibited in public parks and on public property between the hours of 10:00 p.m. to 6:00 a.m. except in areas for which different hours are posted and/or adopted by resolution of the city council.
B. Parking is permitted only in designated parking areas in public parks for the limited purpose of making use of the public park for passive and/or active recreation activities.
C. Parking in public yards and on public property shall be restricted to parking for the purpose of conducting business at a related public facility and/or during the regular business hours of that facility. Parking is prohibited on all public property which is vacant and which does not have a designated parking area. (Ord. 428 § 1, 2018; Ord. 297 § 2, 2005)
12.06.030 Park rules.
Except as provided in this chapter, it shall be unlawful for any person within the limits of any park or other recreation facility owned or operated by the city to:
A. Lead or let loose any animal except:
1. Dogs or cats on a leash of not more than six feet long, which are under the full control of a person of at least 13 years old;
2. Horses, ponies or the like which are ridden or led on bridle trails or other areas designated for such purposes;
B. Light or maintain any fire, except in a stove, fire circle or other place provided for that purpose;
C. Throw, project or propel any object capable of causing serious personal injury or damage to property, except that baseball, basketball, football and other games where a ball is used may be played in areas designated for such purposes;
D. Park or stand any vehicle in other than a designated parking area, except pursuant to a permit issued by the city;
E. Drive any vehicle other than on roads, trails or driveways provided for that purpose, except pursuant to a permit issued by the city;
F. Drive any vehicle at a speed in excess of five miles per hour;
G. Ride or use playground equipment posted for use by children under the age of 14 years, unless under the age of 14 years;
H. Throw, discard, place or dispose of any garbage or refuse upon the ground, or in any place other than a garbage can or other receptacle maintained for such purposes;
I. Bring garbage or refuse from outside the limits of the park or recreation facility and deposit the same in garbage cans or receptacles;
J. Hold or engage in a musical concert or other musical event without a permit issued by the city;
K. Fly fuel-power-driven model airplanes, except in areas designated for such purposes;
L. Molest, injure, or kill any animal, or disturb its habitat;
M. Play any radio, tape recorder or other electronic sound-producing device at such volume as to be audible at a distance of more than 50 feet;
N. Sell or offer for sale any merchandise, article or thing of any kind or nature, except as specifically authorized by written permit issued by the city, or otherwise authorized by agreement of the city council. If the city permits the selling of such product, the seller must obtain the necessary business license and/or permit and such license/permit must be displayed or presented for inspection upon request. (Ord. 297 § 2, 2005)
12.06.040 Exemptions.
A. The provisions of HMC 12.06.030(A)(1) requiring all dogs to be on leash while in public parks within the city, and any similar requirement contained in the city’s animal control regulations, shall not apply to the following:
1. Any dog used by a law enforcement agency;
2. Any dog while participating in a formal dog obedience training program, or any dog participating in a dog show or other program expressly permitted or sponsored by the city;
3. Any dog within a posted leash-optional area of any city-owned park, as established by resolution of the city council; provided, however, that nothing herein shall relieve the owner or person having charge, custody, care and/or control of such dog from the responsibility to maintain proper control over the dog. Furthermore, nothing herein shall be construed as relieving such person from any liability for any damages arising out of his or her use of a leash-optional area.
In order to be subject to the exemption set forth in subsection (A)(3) of this section, all persons must comply with all requirements of law and the following rules and regulations when utilizing any leash-optional area:
a. No dog is permitted in a leash-optional area, except when in the care, custody and control of a person at least 13 years old. Any person under 13 years of age must be accompanied by and be under the direct supervision of an adult. No person may have more than two dogs in a leash-optional area at any one time. All dogs must be under the voice control of their caretakers at all times. Dogs are permitted in a leash-optional area between dawn and dusk only;
b. All dogs must be at least four months of age, vaccinated for rabies, and currently licensed by the city’s animal control authority. No dog that is sick, in heat, injured, less than four months of age, licensed, or which displays aggressive behavior toward other dogs or humans is permitted in any leash-optional area. Food or treats for dogs may not be brought into any leash-optional area;
c. Any person having care, custody or control of a dog in a leash-optional area shall quiet or remove the dog if it barks excessively;
d. Any person having care, custody or control of a dog shall promptly remove and properly dispose of any waste deposited by such dog;
e. No animals other than dogs are permitted in any leash-optional area. Dog obedience classes may not be conducted in a leash-optional area without a permit having first been obtained from the city;
f. The use of a leash-optional area shall constitute an agreement by any such dog owner or person having the care, custody or control of the dog, to strictly follow the rules in subsection (A)(3) of this section and to assume all risks and to indemnify, defend and hold harmless the city, including its elected officials, officers and employees, with respect to any liabilities, claims, injuries, or other damage to persons or property arising out of, or connected with, such person’s use of the leash-optional area.
B. The provisions of HMC 12.06.030 shall not apply to city employees and/or agents, or to the employees or agents of other public entities, who are engaged in the performance of their official duties. (Ord. 428 § 2, 2018; Ord. 297 § 2, 2005)
12.06.050 Permit procedure adoption.
The city council may adopt rules and regulations for the issuance of any permit permitted hereunder. Any such permit shall be issued by the city manager or his/her designee. (Ord. 297 § 2, 2005)
12.06.060 Permit issuance for group activities.
The city manager or his/her designee, pursuant to rules and standards adopted by the city council, may issue permits authorizing exclusive temporary use of specified recreational areas or other areas for groups desiring to engage in specified activities. (Ord. 297 § 2, 2005)
12.06.070 Possession, offering and/or consumption of alcoholic beverages.
A. For the purposes of this chapter, any person possessing an open container containing an alcoholic beverage, and having an odor of alcoholic beverage on the person’s breath, is presumed to be drinking or consuming or attempting to drink or consume an alcoholic beverage at the place where such person is located. This presumption is a presumption affecting the burden of producing evidence, as that term is used in Sections 603 and 604 of the California Evidence Code.
B. It is unlawful for any person or persons to drink or consume or attempt to drink or consume any alcoholic beverages while such person or persons are in or upon any public park, street, alley, highway, or other public place, except in or upon those public places where the drinking or consuming of alcoholic beverages is expressly permitted by law.
C. It is unlawful for any person or persons while in or upon any public park, street, alley, highway or other public place, except in or upon those public places where the drinking or consuming of alcoholic beverages is expressly permitted by law, to offer or furnish or give, or cause to be offered or furnished or given, any alcoholic beverage to any other person or persons with the intention that such person or persons are in or upon any public park, street alley, highway or other public place, except in or upon these public places where the drinking or consumption of alcoholic beverages is expressly permitted by law.
D. The city manager is directed to post, or to cause to be posted, as of the effective date of the ordinance codified in this section, or upon the later opening of any new city park, at each entrance to such city park a sign stating, substantially, as follows:
Possession, offering and/or consumption of alcoholic beverages in the City park are a misdemeanor – Highland Municipal Code Section 12.06.070.
(Ord. 297 § 2, 2005)
12.06.080 Hours.
A park shall be open to the public between the hours of 6:00 a.m. and 10:00 p.m. unless the city council, by resolution or agreement, adopts alternate hours. The city manager shall cause the posting of the park hours upon adoption of a resolution by the city council. The provisions of this section shall not apply to city employees and/or its agents who are engaged in the performance of their duties. (Ord. 297 § 2, 2005)
12.06.090 Penalty.
A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor, unless such an action or failure to act is designated as an infraction or is subsequently prosecuted as an infraction at the discretion of the city attorney or the district attorney, in which case such person is guilty of an infraction.
B. Regardless of being guilty of a misdemeanor or an infraction, any person who violates any provision of this chapter may be issued an administrative citation pursuant to Chapter 2.56 HMC for another offense.
C. Each person shall be guilty of a separate offense for each and every day during which any violation of this chapter is committed, continued or permitted by any such person, and he or she shall be punishable accordingly.
D. All remedies provided under this chapter shall be cumulative. The use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of the Highland Municipal Code. (Ord. 428 § 3, 2018)