Chapter 4.01
GENERAL PROVISIONS
Sections:
4.01.010 Authority.
Pursuant to Article 8 of Part 5 of Division 12 beginning at § 31130 of the California Water Code, the Malaga County Water District has the authority to organize, promote, conduct and advertise programs of community recreation; establish systems of recreation and recreation centers including parks and parkways; acquire, construct, improve, maintain and operate recreational centers within the District; prescribe reasonable rules and regulations to govern the use of such facilities; and exercise other powers as permitted by law.
4.01.020 Purpose.
The purpose of this chapter is to set forth policies, rules and regulations to promote, maintain and operate community recreation facilities, parks, pools, and recreational facilities within the jurisdiction of the District.
4.01.030 Definitions.
Unless otherwise defined in this title, words and phrases in this title shall have the same meaning as the same words and phrases defined in this code.
As used in this title, the following words and phrases shall be defined as:
“Parks” means any park, grounds, community center, buildings, pools, roadways, or other facilities owned or used by the District for recreational purposes.
“Written permission of the District” means a permit or other form provided by the District approving a specific use, activity or event in any park. Such written permission may contain any reasonable rules, conditions or requirements.
4.01.040 Rules and policies.
A. Adoption of Rules. The Board may, by resolution, adopt any rules, policies or regulations governing the use and enjoyment of any parks or other recreational facilities owned or used by the District.
B. Violation of Rules. It shall be unlawful for any person to violate any rule, policy or regulation adopted by the District whether or not such rule, policy or regulation is posted by the District.
4.01.050 Fees and charges.
Pursuant to Cal. Water Code §§ 31130 et seq., the District may establish fees or charges for the use of parks or recreational facilities. Said fees or charges shall be set forth in the Master Schedule of Fees, Charges, Penalties and Recovered Costs.
A. Savings Clause. Nothing in this title is intended to or shall prohibit the District from exercising any power or remedy available as law.
4.01.060 General rules.
It shall be unlawful for any person, within any park or other recreational facility which is owned, leased, under the control of, or maintained or operated by the Malaga County Water District to violate any of the following:
A. Fires – Picnicking. No person shall make or kindle a fire or cook any meal within any park except in stoves, barbecues or other facilities specifically provided by the District or in a container commercially manufactured for such purpose. Fires or open flames may only be located in areas designated for such use during open park hours or by written permission of the District.
B. Park Hours, Closed to Public. The District may establish hours of operation of any park located within the District and no person shall enter any park or area of any park which is closed to the public. Closed areas or hours of operation shall be designated by signs posted at all entrances thereto.
C. Alcohol. No person shall provide or consume alcoholic beverages in any park, or in any building or structure thereon, not expressly designated as permitting such use or consumption without first obtaining written permission of the District and any/all necessary permits.
D. Controlled Substances. Possession, distribution, or use of any controlled substance (as defined by applicable sections of the California Penal or Health and Safety Codes) anywhere in any park of the District is strictly prohibited.
E. Firearms, Weapons and Fireworks. No person shall carry or discharge any firearm, rifle, pistol, air rifle, paintball, soft pellet or similar gun, slingshot, bow and arrow or other similar device or weapon within or into any park without written permission of the District. No person shall carry, possess or discharge any firework, firecracker, rocket or other type of explosive without written permission of the District.
F. Explosives, Inflammable Materials. No person shall use, possess or ignite explosives or highly flammable materials of any kind, including gas, lighter fluid, oil, or other fuel, except as necessary for a vehicle or equipment without written permission of the District.
G. Skateboards, Skates. No person shall use a skateboard, skates, scooter or other similar device in an unsafe or hazardous manner as to endanger any other person or in any area specifically prohibiting such use. Any person using a skateboard, inline skates, scooter or similar device in any park must wear protective equipment including helmet, elbow pads, and knee pads.
H. Bicycles. No person shall ride a bicycle within a park except in areas authorized for vehicular travel or specifically authorized for bicycle use. All persons required by law to wear a helmet or other protective equipment while riding a bicycle shall wear such helmet or other protective equipment while using a bicycle or similar device in any park.
I. Hazardous Activities. No person shall engage in model airplane flying, propelling a rocket or missile of any type, driving golf balls, engaging in archery or other hazardous activity within any park except in an area specifically designated for such activity or by written permission of the District.
J. Concessions and Profiteering. No person or commercial enterprise may use a park for financial gain without first obtaining written permission from the District and any/all necessary permits.
K. Noise. No person shall willfully make or continue a loud, unnecessary, annoying noise or engage in riotous, boisterous, threatening, indecent or abusive language or conduct within a park as to create a nuisance or disturb the public peace or the quiet enjoyment of any reasonable person of normal sensitivity who is lawfully present in any park or nearby property.
L. Amplified Sounds. No person shall cause the amplification of sound within any park if the noise level causes annoyance or discomfort to any reasonable person of normal sensitivity lawfully present in the park or on nearby properties or otherwise disturbs the public peace or creates a nuisance. Amplified sounds may be permitted by written permission of the District.
M. Animals and Pets. No animals or pets, except service animals, are allowed in the park at any time.
N. Model Aircraft. No model aircraft, remotely piloted vehicles, airplanes, or drones are allowed in the park at any time.
O. No Golf. No person shall play or practice golf or use golf equipment in the park without express written consent of the District. [Ord. 2014-1 § 4.]
4.01.070 Penalty.
In addition to any other penalties provided by this code, any person violating any provision of this chapter, or any rules, policies, or regulations adopted pursuant to this chapter may be expelled from any park by the District, General Manager, or his or her designee, including, but not limited to, authorized District employees, referees, umpires, or other designee. Any person so expelled from any park who refuses to leave the park or facility or who returns to the park or facility without permission of the District shall be in violation of this code. Such violation shall be punishable as a misdemeanor or infraction or as otherwise permissible by this code or any other law or regulation.
4.01.080 Savings clause.
Nothing in this title is intended to or shall prevent the District from exercising any power or purpose authorized by law. Nothing in this title shall supersede or infringe upon any agreement entered into the District for the collection of solid wastes entered into prior to the adoption of this ordinance.