Chapter 8-04 PARK AND RECREATION FACILITY USE REGULATIONS*

The purpose of this chapter is to regulate the use of designated parks and to provide for the orderly administration and control of designated parks so that all persons may enjoy and make use of the parks. The following regulations apply to all designated parks. (Ord. 2015-4 § 1 (part): prior code § 8-05.005)

8-04.020 Scope.

A. Private Parks.

1. The provisions of this chapter are enacted by the City Council, and shall apply in all privately owned parks where all of the following have occurred:

a. Either:

i. The city has received an irrevocable offer of dedication of the park to the city and has declined said offer of dedication, or has not accepted said offer of dedication within one hundred twenty (120) days of receipt of said offer of dedication; or

ii. All the consenting owner(s) of the park have consented in writing to application of this chapter in the park and have recommended in writing hours for the park to be open and speed limit(s) for parking areas, roadways, and streets within the park, if any; and

b. The Chief of Police has given approval in writing to the application of this chapter in the park and has recommended in writing hours for the park to be open and speed limit(s) for parking areas, roadways, and streets within the park, if any; and

c. The City Council, by resolution, has designated the park as an area in which the provisions of this chapter will apply and has established hours during which the park will be open and speed limit(s) for parking areas, roadways, and streets within the park, if any; and

d. At every entrance to the park, the consenting owner has caused to be posted a prominent sign reading, “The provisions of Chapter 8-04 of the Laguna Hills Municipal Code will be enforced in this park.” Said signs also shall display prominently the hours the park is open, as said hours were established by resolution of the City Council.

2. The provisions of this chapter shall be enforced so as not to impair the lawful exercise of the recorded property rights of a consenting owner.

3. A consenting owner may withdraw consent to the application of this chapter in any park to which this chapter applies. Such withdrawal of consent shall be communicated in writing, by certified mail, to the City Council. Upon receipt, the City Clerk shall immediately transmit to each member of the City Council, the Chief of Police and the City Attorney a copy of the withdrawal of consent. This chapter, in its entirety, shall become inapplicable in said park thirty (30) days after receipt by the City Clerk of the consenting owner’s written withdrawal of consent. When this chapter becomes inapplicable in a park as a result of withdrawal of a consenting owner’s consent, said consenting owner shall immediately cause to be removed the signs that were posted in accordance with this chapter.

B. Public Parks. The provisions of this chapter shall, unless otherwise expressly provided, apply in all public parks and other publicly owned, operated, or maintained lands or facilities falling within the definition set forth in Section 8-04.030.

(Ord. 2015-4 § 1 (part))

8-04.030 Definitions.

As used in this chapter:

“Alcoholic beverages” means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing 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.

“Athletic fields or courts” means all ball diamonds, soccer fields, roller hockey rinks, and volleyball, basketball and tennis courts owned, operated, or maintained by the city, or in the case of a private park, the consenting owner.

“ATV” means an all-terrain vehicle as defined in Section 111 of the California Vehicle Code.

“Camp” means to pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia as described in Chapter 12-32.

“Chief of Police” means the Chief of Police Services of the city of Laguna Hills or the member of the Orange County Sheriff’s Department who serves as the commanding officer for the area of Orange County which includes the city of Laguna Hills, or his or her designee.

“City” means the city of Laguna Hills.

“City Council” means the City Council of the city of Laguna Hills.

“Community Center” means any portion of, whether indoors or outdoors, the Laguna Hills Community Center building located at 25555 Alicia Parkway, Laguna Hills.

“Consenting owner” means an owner of a fee simple interest in real property comprising a designated park or an owner of any other real property interest in a designated park. The City Council is the consenting owner of all public parks in the city.

“Designated park” means a public or private park to which this chapter has been made applicable in accordance with Section 8-04.020.

“Director” means the Community Services Director, the Community Services Director’s designee, the Deputy City Manager, or the Deputy City Manager’s designee.

“Eviction” means expulsion from a designated park and, if applicable, revocation of a facility permit.

“Exclusive use” means the right of a person or group to use a public park, or portion thereof, for any activity at a specified time, on one or more occasions, to the exclusion of all others.

“Facility permit” means a written permission issued by the Director authorizing a person or group to conduct specified activities within a public park, and/or authorizing the exclusive use of a public park, or portion thereof, by such persons or groups.

“Group” means any organization, club, team, class, association, or other formal or informal gathering or assembly of persons.

“Knives or daggers” means any knife, dirk or dagger having a blade of three inches or more in length, and any snap-blade or spring-blade knife, regardless of the length of the blade, any ice pick or similar sharp stabbing tool, or any straight-edge razor or razor blade fitted to a handle. As used in this chapter, “knife or dagger” shall not include ordinary cooking utensils, ordinary tools or equipment used in connection with a lawful occupation, or for the purpose of lawful recreation.

“Model rocket” means any rocket projectile constructed of paper, wood, plastic, metal, or other composite material and propelled skyward by a model rocket motor or engine fueled by any ignitable or other explosive materials.

“Motorcycle” means any motor vehicle, motorized bicycle, or motor-driven cycle as defined respectively in Sections 400, 405, and 406 of the California Vehicle Code.

“Motorized quadricycle” means a four-wheeled device, as defined in Section 407 of the California Vehicle Code.

“Motorized scooter” means any two-wheeled device that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an electric motor that is capable of propelling the device with or without human propulsion, as defined in Section 407.5 of the California Vehicle Code.

“Motorized tricycle” means a three-wheeled device, as defined in Section 407 of the California Vehicle Code.

“Person” means every individual, firm, corporation, partnership, joint venture, association, social club, fraternal organization, or any other group or combination acting as a unit.

“Private park” means a park, park-related buildings, facilities and grounds, recreational facilities, recreational areas, athletic fields or courts, and open space areas owned, operated, maintained, or controlled by party other than the city of Laguna Hills.

“Public park” means all parks, park-related buildings, facilities and grounds, recreational facilities, recreational areas, athletic fields or courts, and open space areas owned, operated, maintained, or controlled by the city.

“Roller hockey rink” means the roller hockey rink facility located at the Laguna Hills Community Center and Sports Complex at 25555 Alicia Parkway, Laguna Hills.

“Smoking” means inhaling, exhaling, burning, or carrying any lighted cigarette, cigar, pipe, operating electronic cigarette, weed, plant, or other combustible substance in any manner or in any form.

“Wildlife” means terrestrial or aquatic mammal, bird, reptile, amphibian, fish, mollusk, arthropod, or other vertebrate or invertebrate member of the animal kingdom, including a part, product, egg, or offspring thereof. (Ord. 2015-4 § 1 (part): Ord. 2004-12 § 1; Ord. 98-4 § 1: prior code § 8-05.010. Formerly 8-04.020)

8-04.040 Effect, enforcement, and penalties.

A. Conditioned Use of Designated Park. The privilege of any person to use a designated park is hereby expressly conditioned upon compliance by that person with the provisions of this chapter as they apply to such use. It is unlawful and subject to punishment in accordance with Chapter 1-32 for any person to violate or fail to comply with any provision of this chapter.

B. Eviction. In addition to other penalties provided for in this code, violation of any provision of this chapter shall subject the violator to eviction from the designated park in which the violation occurs, in accordance with the procedures set forth in Section 8-04.370.

C. Enforcement. This chapter shall be enforced by the Director and such of the Director’s agents as he or she may designate to perform said duty, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this chapter may take place.

(Ord. 2015-4 § 1 (part): prior code § 8-05.100. Formerly 8-04.200)

8-04.050 Management of parks.

A. The City Council and/or the Director, or in the case of a private park, the consenting owner, may, from time to time, establish reasonable rules, procedures, policies, or regulations governing the use and enjoyment of any designated park in order to maximize the use and enjoyment of parks by the public in addition to those contained in this chapter. No person shall disobey or violate such rules, procedures, policies, or regulations.

B. Any rules, procedures, policies, or regulations established pursuant to this section shall be posted in conspicuous locations within the designated parks if necessary for the public’s information. The Director is authorized to post in prominent places in designated parks signs that provide information and instruction for the public concerning any rules, procedures, policies, or regulations set forth in this chapter or established pursuant to this section.

C. The Director is hereby instructed to administer the provisions set forth in this chapter in such a way as to achieve the maximum benefit to the public.

(Ord. 2015-4 § 1 (part))

8-04.060 Hours.

All designated parks shall be open to the public during such hours as may be established by resolution of the City Council. No person, except those having a valid facility permit issued by the Director, or in the case of a private park, a written authorization from the consenting owner, shall enter or remain in any designated park at any time other than during such hours as the designated park is open to the public. (Ord. 2015-4 § 1 (part): prior code § 8-05.015. Formerly 8-04.030)

8-04.070 Facility permit.

A. A facility permit must be obtained from the Director prior to sponsoring or conducting any of the following activities in a public park:

1. The exclusive use of any public park, or portion thereof, which has been designated by the Director as requiring a facility permit;

2. Any organized activity in which fifty (50) or more persons are expected to participate or attend, or to which the public is invited, or which requires special city services. Such group activities include, but are not limited to: picnics; gatherings; meetings; parades; camp-outs; plays; musical events; art shows; exhibitions; athletic events; concerts; expos; markets; fairs; festivals; lectures; or any type of entertainment or theatrical performances;

3. Any recurrent athletic league, club, team, or group sporting activity including but not limited to games, practices, scrimmages, exhibitions, clinics, or other team-sport or athletic-related events or activities;

4. Any activity involving the temporary erection or placement on park property of stages, booths, generators, platforms, pitching machines, sculptures, and other art works, inflatable bounce houses or similar play equipment, rock climbing walls, or other similar structures or portable recreational equipment;

5. The sale of any goods, wares, merchandise, food, or beverages in connection with a permitted group activity;

6. Any activity involving the use of live music or amplified sound or music systems including, without limitation, loudspeakers or other amplification devices or public address systems;

7. Any other activity or use identified in this chapter as requiring a facility permit.

B. The Director is expressly delegated the authority to prescribe rules and procedures for the issuance of facility permits and to determine in his or her sole discretion whether to issue a permit, and in the case of a permit for amplified sound or music, to determine the maximum amplification permissible consistent with other persons’ enjoyment in the park and impacts to adjacent uses.

C. Facility permits shall be issued on such terms and conditions deemed reasonable by the Director to protect the public welfare and park property and to promote use of the park by all persons.

D. Issuance of a facility permit may be conditioned on the payment of fees and deposits, if any, as may be established by resolution of the City Council.

E. The denial of a facility permit or the terms and conditions for the issuance of a permit may be appealed in writing to the City Manager within five business days of the Director’s decision. The City Manager’s decision on appeal is final.

F. Any person not having a facility permit for the use of a park, or portion thereof, shall surrender or turn over possession of the park, or portion thereof, to any person having possession of an approved facility permit. A person not having a facility permit shall not refuse to, or fail to, surrender the use of such park, or portion thereof, to any person who has a facility permit for the use of such park, or portion thereof.

(Ord. 2015-4 § 1 (part): prior code § 8-05.020. Formerly 8-04.040)

8-04.080 Exhibiting permit.

No person shall fail to produce and exhibit a facility permit, or in the case of a private park, any written authorization granted by a consenting owner, he or she claims to have upon request of the Director, any peace officer, or any city personnel who desires to inspect said permit for the purpose of enforcing compliance with any provision of this chapter. (Ord. 2015-4 § 1 (part))

8-04.090 City priority.

With the exception of uses carried out pursuant to an approved facility permit, city programs, including activities and events sponsored or co-sponsored by the city, shall have priority of use of all public parks, or portions thereof, and shall be exempt from fees, deposits, and facility permit requirements set forth herein. (Ord. 2015-4 § 1 (part): Ord. 98-4 § 2: prior code § 8-05.023. Formerly 8-04.050)

8-04.100 Vending and commercial activity.

No person shall sell or offer for sale any goods, wares, merchandise, food or beverage products or provide any services, lessons, or classes within any designated park without a valid facility permit issued by the Director, or in the case of a private park, a written authorization from the consenting owner. Notwithstanding the foregoing, this section does not apply to any concession, license, or permit operated in a public park under the direct or delegated authority of the City Council, nor to any activity specifically exempted by order or resolution of the City Council. (Ord. 2015-4 § 1 (part): prior code § 8-05.025. Formerly 8-04.060)

8-04.110 Electric outlets.

No person shall use electric outlets within any designated park, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner. (Ord. 2015-4 § 1 (part))

8-04.120 Camping.

No person shall camp within any public park, except under the auspices of a program of the Community Services Department or other special event, or as may otherwise be approved by the Director, subject to a facility permit. (Ord. 2015-4 § 1 (part): prior code § 8-05.030. Formerly 8-04.070)

8-04.130 Signs and printed matter.

A. No person shall paint, post, attach, or affix any handbill, notice, sign, decal, or advertisement upon or to any bridge, fence, building, equipment, tree, structure, amenity, or other property or improvement within a designated park, except as may be approved by the Director, or in the case of a private park, the consenting owner.

B. No person shall distribute commercial or advertising material in any designated park, except as may be approved by the Director, or in the case of a private park, the consenting owner. No person so authorized to distribute commercial or advertising material shall obstruct, impede, or otherwise interfere with the free movement of any person in a designated park.

(Ord. 2015-4 § 1 (part): prior code § 8-05.035. Formerly 8-04.080)

8-04.140 Firearms, fireworks, and weapons.

A. No person shall possess or discharge any fireworks, firearms, rockets, or other explosives, or possess, discharge, or use any guns or weapons of any kind, including, but not limited to, pistols, revolvers, air rifles, air soft guns, BB guns, paintball guns, bows and arrows, slingshots, wrist rockets, boomerangs, knives or daggers, clubs, maces, or batons in any designated park.

B. The provisions of subsection A of this section shall not be deemed to prohibit the lawful possession of a pistol, revolver, or other firearm in a designated park by a person licensed to carry a concealed weapon pursuant to Chapter 4 of Title 4 of the California Penal Code (Section 26150 et seq.).

(Ord. 2015-4 § 1 (part): prior code § 8-05.040. Formerly 8-04.090)

8-04.150 Radio controlled models and model rockets.

No person shall possess or operate any radio controlled or other remotely operated model, toy, or similar device, including but not limited to airplanes, helicopters, quad copters, drones, gliders, boats, cars, or model rockets in any designated park, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner. (Ord. 2015-4 § 1 (part))

8-04.160 Powerless flight.

No person shall possess or operate any device designed to carry a person or persons through the air in powerless flight, including but not limited to hang gliders, paragliders, parasails, or parachutes, in any designated park, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner. (Ord. 2015-4 § 1 (part))

8-04.170 Golf.

No person shall play or practice or in any way engage in the game of golf in any designated park, including, without limitation, chipping, putting, driving, or any other type of play or practice that includes hitting a golf or similar type ball with a golf or similar type club, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner. (Ord. 2015-4 § 1 (part))

8-04.180 Protection of natural, cultural, structural, archaeological, and historical resources.

A. Foliage and Landscape. No person shall pick flowers, foliage, berries or fruit, or cut, carve, hack, break, dig up, remove, deface, use or in any way mutilate or injure any wood, leaf mold, rock gravel, sand, tree, shrub, plant, fern, grass, or turf in a designated park, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner.

B. Improvements. No person shall destroy, injure, deface, remove, mar, disfigure, paint, cut, scratch, attach, post, or affix anything to any railing, seat, building, barbecue stove, sign, fence, post, table, structure, toilet, lavatory, restroom, play equipment, bridge, tree, or any other improvement or amenity in a designated park, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner.

C. Monuments and Structures. No person shall climb, walk, stand, or sit upon monuments, signs, buildings, roofs, railings, fences and gates, backstops, picnic shelters, gazebos, improvements, structures, amenities, tables, or upon any other property in a designated park not designated for or customarily used for such purposes.

D. Artifacts. No person shall destroy, injure, deface, remove, dig, or disturb from its natural state any fossilized or nonfossilized paleontological specimens, cultural or archaeological resources, or the parts thereof in a designated park, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner.

E. Archaeological Resources. No person shall climb, walk, enter, ascend, descend, or traverse an archaeological resource in any designated park, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner.

F. Historical Resources. No person shall destroy, injure, deface, remove, dig or disturb any historic structure or its furniture or fixtures, or any other cultural or archaeological resource in any designated park, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner.

(Ord. 2015-4 § 1 (part): prior code § 8-05.045. Formerly 8-04.100)

8-04.190 Disturbing or taking wildlife.

No person shall hunt, kill, wound, trap, feed, touch, tease, frighten, or intentionally disturb wildlife in any designated park, except persons in the performance of their official duties, or as may be approved by the Director, or in the case of a private park, the consenting owner. (Ord. 2015-4 § 1 (part))

8-04.200 Research specimens.

No person shall collect plants, wildlife, rocks, minerals, paleontological specimens, or cultural or archaeological artifacts in any designated park without a valid facility permit issued by the Director, or in the case of a private park, a written authorization from the consenting owner, in addition to any and all permits required by state or federal law. The Director, or in the case of a private park, the consenting owner, shall establish conditions for issuance of such facility permit for any designated park. No person may possess, carry, or use any trap, live trap, snare, net, kill jar, or similar device in any designated park without a valid facility permit issued by the Director, or in the case of a private park, a written authorization from the consenting owner, pursuant to this section. (Ord. 2015-4 § 1 (part))

8-04.210 Sanitation.

A. Use of Rubbish Receptacles. No person shall leave, deposit, drop, or scatter any bottles, broken glass, ashes, wastepaper, cans or other rubbish, garbage, litter, food waste, refuse or other waste matter in or on any designated park except in a designated trash receptacle. When trash receptacles are not available or are full, refuse and rubbish shall be carried out of the designated park. No person shall rummage through or remove the contents of any designated trash receptacle, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner. No person shall deposit any such matter in a toilet located in a designated park. Soiled diapers shall be deposited in a designated trash receptacle or removed from the park.

B. Washing of Clothes and Utensils. No person shall wash clothing, dishes, cooking utensils, or other utensils used in connection with the preparation or serving of food in a designated park, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner.

C. Cleanliness of Picnic Areas. All persons using a picnic area in a designated park shall keep said area clean and free from rubbish, litter, broken glass, garbage, refuse, or similar waste.

D. Toilets and Refuse. No person shall discharge any human or animal excreta or wastewater from a toilet or holding tank in a designated park. Toilets in designated parks are provided for the protection of the health and welfare of the general public and shall be used when so provided.

(Ord. 2015-4 § 1 (part): prior code § 8-05.050. Formerly 8-04.110)

8-04.220 Public restrooms.

No person shall delay, linger, or idle about in the public restroom of any designated park or in the approaches or walks adjacent to any public restroom without lawful purpose for being present related to the use of such restroom, and for the purpose or having the effect of preventing, inhibiting, or impairing the intended use of the restroom by members of the public. No person shall be cited under this section unless he or she has first been notified by a peace officer or city personnel that he or she is in violation of the prohibition of this section and thereafter continues the violation. (Ord. 2015-4 § 1 (part))

8-04.230 Barbecues and fires.

No person shall build, light, kindle, or maintain a fire in any designated park except in park facilities specifically designed and provided for this purpose. No person shall bring portable barbecues, grills, pits, smokers, hibachis, camp stoves, or other portable cooking appliances into a designated park without a valid facility permit issued by the Director, or in the case of a private park, a written authorization from the consenting owner. (Ord. 2015-4 § 1 (part): prior code § 8-05.055. Formerly 8-04.120)

8-04.240 Animals.

A. Except for service dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements, all dogs, cats, and other domestic animals in a designated park shall be restrained by a substantial leash, not to exceed six feet in length, and shall be in the charge of a person competent to restrain such animal. Domestic animals, including dogs, are not permitted to run loose or at large in any designated park.

B. No person shall permit any domestic animal under his or her control to pursue, trap, kill, or wound any wildlife or other domestic animal in a designated park.

C. Horses or pack animals are not permitted in designated parks, except on designated equestrian trails, or in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner.

D. Domestic animal waste shall be removed from the designated park, or it shall be disposed of in park trash containers by the person in charge of the animal; provided, however, that this subsection shall not apply to service dogs for blind or disabled persons or to horses or pack animals on equestrian trails.

E. This section shall not prevent the city or its facility permittees from holding supervised public, community, or other special events involving domestic animals, horses, pack animals, or other wildlife, nor shall it prohibit the Director from issuing special event facility permits for group activities involving such animals.

(Ord. 2015-4 § 1 (part): prior code § 8-05.060. Formerly 8-04.130)

8-04.250 Glass containers.

No person shall bring into, or have in his or her possession, in any designated park a glass container. This prohibition shall not apply to special event activities conducted at the Community Center in accordance with applicable city policies and facility permits. (Ord. 2015-4 § 1 (part): prior code § 8-05.065. Formerly 8-04.140)

8-04.260 Alcoholic beverages.

No person shall consume, possess or sell any alcoholic beverages within a designated park. This prohibition shall not apply to special event activities conducted at the Community Center in accordance with applicable city policies and facility permits. (Ord. 2015-4 § 1 (part): prior code § 8-05.070. Formerly 8-04.150)

8-04.270 Smoking.

Smoking is unlawful and prohibited in all designated parks. (Ord. 2015-4 § 1 (part))

8-04.280 Motor vehicles or similar conveyances.

Except for motorized wheelchairs or other similar conveyances for the disabled, and motorized vehicles used for park maintenance, no person shall operate or drive any motor vehicle, motorcycle, ATV, motorized quadricycle, motorized tricycle, or motorized scooter in a designated park, nor shall any person clean, wash, polish, or make any repairs to any such vehicle, cycle, or scooter in a designated park without a valid facility permit issued by the Director, or in the case of a private park, a written authorization from the consenting owner. (Ord. 2015-4 § 1 (part): Ord. 2004-12 § 2: prior code § 8-05.075. Formerly 8-04.160)

8-04.290 Trails, trespassing, and closed areas.

A. Designation and Use. The Director, or in the case of a private park, the consenting owner, may designate horseback riding, bicycle riding, and hiking trails in designated parks. The Director, or in the case of a private park, the consenting owner, may also designate closed areas where entry is prohibited in the interest of public convenience or safety or for the preservation and protection of natural or cultural resources. No person may leave a designated trail in any designated park on foot, or on horseback or otherwise, other than for law enforcement, lifesaving, or emergency purposes or for park management, at other than designated entry or exit points. No person shall enter on foot, or horseback or otherwise, any areas in any designated park or any trail or road which the Director or, in the case of a private park, the consenting owner, has authorized be posted as a closed area.

B. Trespassing Along or Through Private Property. No person shall enter on or go upon the lands of another adjacent to or contiguous with any designated park, whether under cultivation, enclosed by a fence or otherwise posted to prohibit trespass, for any purpose whatsoever, without the consent in writing of the city or of the person or persons entitled to the use and occupancy thereof, except in the lawful performance of an official duty.

C. Gates. No person shall unlock or otherwise open a locked gate within any designated park without advance permission from the Director, or in the case of a private park, the consenting owner. No person opening a closed gate in any designated park shall proceed beyond said gate without first closing it.

D. Right-of-Way. All persons shall observe posted right-of-way restrictions on any trail, path, walkway, or road within any designated park. This subsection shall also apply to any such “trail courtesy” right-of-way regulations for multiple-use trails promulgated by the Director, or in the case of a private park, the consenting owner.

(Ord. 2015-4 § 1 (part))

8-04.300 Construction.

No person shall erect structures within any designated park, except in areas designated and under conditions established by the Director, or in the case of a private park, the consenting owner, and subject to all applicable city policies, facility permits, and building codes. (Ord. 2015-4 § 1 (part))

8-04.310 Equipment removal.

No person shall allow any equipment over which he or she has custody or control to remain at any designated park during any time that said park is closed, unless authorized by the Director, or in the case of a private park, the consenting owner. (Ord. 2015-4 § 1 (part))

8-04.320 Bicycles.

A. Bicycles in Designated Parks. Bicyclists shall yield the right-of-way to pedestrians on designated park walkways. All unattended bicycles shall be parked in a bicycle rack when one is provided and space is available. No person shall leave a bicycle on the athletic fields or courts, in the play equipment area, or on sidewalks. No person shall ride a bicycle in any designated park, or portion thereof, which has been posted as a “No Bicycling Area” pursuant to Chapter 11-32.

B. Unsafe Operation. No person shall operate a bicycle in any designated park in any manner that endangers any person or animal or at a speed that is greater than is reasonably prudent, having due regard for the other users and the surface, width, and grade of the road or trail, and in no event in excess of ten miles per hour, unless a greater speed is posted.

(Ord. 2015-4 § 1 (part): Ord. 98-4 § 3: prior code § 8-05.080. Formerly 8-04.170)

8-04.330 Skateboards, rollerskates, and scooters.

Rollerskaters (including rollerbladers), skateboarders, and scooter riders shall yield the right-of-way to pedestrians on designated park walkways. No person shall leave a skateboard, scooter, or rollerskates (including rollerblades) on the athletic fields or courts, in the play equipment area, or on sidewalks within designated parks. No person shall skateboard, rollerskate, or ride a scooter as defined in Chapter 11-32 in any designated park or portion thereof which has been posted as a “No Skateboarding,” “No Rollerskating,” or “No Scootering” area pursuant to Chapter 11-32. (Ord. 2015-4 § 1 (part): Ord. 98-4 § 4: prior code § 8-05.085. Formerly 8-04.180)

8-04.340 Roller hockey rink – Bicycles, skateboards, and scooters prohibited.

The use of bicycles, skateboards, and scooters is prohibited within the roller hockey rink. (Ord. 2015-4 § 1 (part))

8-04.350 Park closure.

A. Maintenance. The Director, or in the case of a private park, the consenting owner, may temporarily close any designated park, park facilities, or any portion thereof, when such areas or facilities need to be reconstructed, renovated, refurbished, repaired, or maintained.

B. Capacity or Hazardous Conditions. The Director, or in the case of a private park, the consenting owner, may close any designated park, park facilities, or any portion thereof, when such areas or facilities are filled to capacity or a hazardous condition poses potential danger to citizens, city employees, or city property. Any such closure shall be for the duration of the full capacity or hazardous condition situation as determined by the Director or, in the case of a private park, the consenting owner.

(Ord. 2015-4 § 1 (part): prior code § 8-05.090. Formerly 8-04.190)

8-04.360 Interfering with city functions.

A. Interference. No person shall threaten, resist, intimidate, or intentionally interfere with an employee or volunteer of the city or other agent engaged in an official duty or on account of the performance of an official duty in a designated park.

B. Lawful Order. No person shall violate the lawful order of a city employee or other agent authorized to maintain order and control, public access, and movement during firefighting operations, search and rescue operations, wildlife management operations involving animals that pose a threat to public safety, law enforcement actions, and emergency operations that involve a threat to public safety or park resources, or other activities where the control of public movement and activities is necessary to maintain order and public safety within a designated park.

C. False Information. No person shall knowingly give a false or fictitious report or other false information to a city employee or other agent in the conduct of official duty or on an application for a permit.

D. False Report. No person shall knowingly give a false report for the purpose of misleading a city employee or agent in the conduct of official duty, or make a false report that leads to an emergency or other response by the city or other agencies.

(Ord. 2015-4 § 1 (part))

8-04.370 Eviction.

A. A person is subject to eviction from a designated park when all of the following conditions occur and no lesser sanction reasonably appears to suffice:

1. The person is in violation of any provision of this chapter;

2. The person has been warned in a manner that is reasonably calculated to reach the person that eviction may result from any further violation;

3. After receiving such warning, a further violation occurs or, following a warning, the violation continues unabated.

B. Where a violation is of such magnitude or seriousness as to create a clear and present danger of imminent violence, damage, or harm, no warnings will be necessary prior to eviction.

C. A group is subject to eviction from a designated park when any one of the following conditions occurs and no less sanction reasonably appears to suffice:

1. There is probable cause to believe that an unlawful assembly exists pursuant to California Penal Code Section 407;

2. There is a clear and present danger of imminent violence, which cannot reasonably be forestalled without evicting the entire group;

3. There exists a group sponsored or organized activity which violates one or more park regulations and such group sponsored organized activity has not ceased as a result of a peace officer or city personnel giving one or more warnings to the permit applicant and the group as a whole;

4. There are multiple individual violations of a provision or provisions of this chapter which have not stopped following the eviction of one or more such individual violators and violations continue after the group has had a reasonable opportunity to cure them.

(Ord. 2015-4 § 1 (part): prior code § 8-05.105. Formerly 8-04.210)

8-04.380 Fees.

All persons using designated parks shall, prior to such use, pay applicable fees and deposits, if any, as may be established by resolution of the City Council. (Ord. 2015-4 § 1 (part))