Chapter 8.28
PARKS AND RECREATION
Sections:
8.28.040 Group activities—Permit required.
8.28.070 Application for permit.
8.28.080 Criteria for issuance.
8.28.090 Conditions of approval.
8.28.100 Permit holder responsibilities.
8.28.110 Revocation of permit.
8.28.130 Establishment of fees.
8.28.140 Prohibited activity in parks or facilities.
8.28.160 Parks closed at night.
8.28.170 County ordinance adopted by reference.
8.28.180 Penalty for violation.
8.28.010 Purpose of chapter.
The purpose of this chapter is to regulate the use of parks and other recreation facilities of the city for the optimum use and enjoyment of residents of Menlo Park; to establish standards to prevent the misuse and destruction of the facilities; to establish regulations to insure the safety and comfort of users of the facilities as well as persons residing or owning property in the vicinity of the facilities; and to protect the First Amendment rights of the people of Menlo Park to peaceably assemble in the city’s public parks. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.020 Definitions.
(a) "Expressive activity" shall have the same definition as set forth in Chapter 8.60.
(b) "Park(s)" means and includes every park, plaza, outdoor public area, trail, open pace property, greenbelt, or portion thereof together with any accompanying parking lot or staging area, which is owned, managed, or controlled by the city of Menlo Park for the recreational use and/or enjoyment of the public.
(c) "Permit" means a permit issued by the city of Menlo Park issued pursuant to this chapter.
(d) "Recreation facility" means fields, courts, pools, amphitheaters, areas specifically designed for organized activities such as, but not limited to, baseball, softball, soccer, tennis, basketball, and organized group gatherings which are owned, managed, or controlled by the city of Menlo Park for the recreational use and/or enjoyment of the public.
(e) "Refuse" means any garbage, trash, bottles, cans, papers, ashes, food and vegetable material, rubbish, industrial wastes, animal waste, grass clippings, tree or shrub pruning or any other discarded substance, matter or thing, whether liquid or solid. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.030 General principles.
The following principles shall govern use of recreation facilities:
(1) Recreation facilities primarily are intended for the use and enjoyment by residents of Menlo Park.
(2) Public recreation services should be available to all Menlo Park residents without discrimination as to race, religion, gender identity, economic status, or any protected status.
(3) The public recreation program should include a wide variety of activities, including passive enjoyment, to appeal to different interests, ages and abilities, and should not merely be limited to physical activities, outdoor activities, daytime activities, or to the interests of children or others of special categories.
(4) Recreation facilities are intended to be used:
(A) Informally by residents;
(B) For programs sponsored by the city;
(C) For joint city-school programs;
(D) For organized group activities, when not required for the above. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.040 Group activities—Permit required.
Because of limitations of size and open areas, activities involving the exclusive use of any area of a park or for a group of more than one hundred and fifty (150) persons shall be subject to the obtaining of a permit therefor, and subject to the standards and regulations contained in this chapter. Activities involving the use of a park which is less than one (1) acre in size, other than Camp Fremont Memorial Park, by or for a group of more than twenty (20) persons shall also require a rental reservation. It shall be unlawful for any person to engage in any use of any park, building, or portion thereof, for which a permit is required without obtaining such a permit.
Nothing in this section shall require persons or entities to obtain a permit for expressive activities, where such activity is addressed by Chapter 8.60. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.050 Occupancy standard.
Based on the availability of vehicular parking facilities, the preservation of turf and other planted materials, the availability of sanitary facilities and the safety and comfort of persons using parks and recreation facilities, maximum occupancy standards are hereby established for group activities which shall be one (1) person per two hundred (200) square feet of usable open area. According to the above standard, the size of any group permitted to use Burgess Park (two hundred eighty thousand (280,000) square feet) shall not exceed one thousand four hundred (1,400) persons; the size of any group permitted to use Kelly Park (one hundred eighty thousand (180,000) square feet) shall not exceed nine hundred (900) persons. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.060 Sound standard.
In recognition of the rights of residents in the vicinity of parks to enjoy the comfort of their homes in normal peace and quiet, as well as the right of citizens to enjoy a reasonable peace and quiet in appropriately designed parks, the use of any radio receiving set, musical instrument, machine or device for producing or reproducing sound, or any device which produces noise in such a manner as to unreasonably disturb the peace, quiet, and comfort of persons is prohibited in all parks with the exception of Burgess and Kelly Parks. Use of said equipment in Burgess and Kelly Parks shall be subject to requirements of Chapter 8.06, unless a permit is issued pursuant to this chapter specifically sets forth applicable noise levels in excess of those provided in Chapter 8.06. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.070 Application for permit.
(a) Any individual or group desiring to reserve any park or recreation facility, or any portion thereof, for exclusive use or for use, or that is organizing a gathering of over one hundred fifty (150) persons, shall apply to the library and community services director, in writing on a form approved by the city manager. The city manager or designee may adopt administrative regulations that are consistent with and that further the terms and requirements herein.
(b) The application must be submitted to the library and community services director not less than seventy-two (72) hours prior to the desired reservation. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.080 Criteria for issuance.
The library and community services director or designee shall issue a permit pursuant to the provisions of this chapter unless the library and community services director or designee determines the application meets any of the following criteria:
(1) The information contained in the application, or supplemental information provided, is not complete or is materially false or misleading.
(2) The applicant has failed to submit a complete application, supply satisfactory evidence of insurance, or has not remitted the fees or deposits as required by the chapter.
(3) The park, recreation facility, or portion thereof is unavailable for the period for which the permit is requested.
(4) The area proposed for the applicant’s use or activity could not physically accommodate the number of participants expected to participate in a safe manner.
(5) The proposed use, activity or event is not compatible with the uses established for the requested park, building or portion thereof, in that it unreasonably interferes with use of the park by others.
(6) The proposed use has a realistic potential to create a threat to the public health, safety or welfare, or to damage public property, which may not be adequately remedied by reasonable traffic control, barriers, and/or other safety measures.
(7) The proposed use would require the diversion of public safety or other city employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the city, or the event will adversely affect the city’s ability to reasonably perform municipal functions or furnish city services.
(8) The proposed use, event or activity will have a significant adverse environmental impact.
(9) The proposed use would be in conflict with applicable provisions of any federal, state and/or local law. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.090 Conditions of approval.
Permits issued pursuant to this chapter are subject to such reasonable conditions as the library and community services director or designee may determine necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful uses, protect the safety of persons and property, ensure compliance with noise requirements set forth in Chapter 8.06, and to control vehicular and pedestrian traffic in and around the park and/or recreational facility. These conditions may include conditions for waste management and restoration of the park, environmental protection, conditions to ensure safe accommodation of an event’s pedestrian and vehicular traffic, indemnification and hold harmless of the city, and reasonable designation of alternate sites, times, or dates in the event of conflict with available resources. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.100 Permit holder responsibilities.
After a person obtains a permit pursuant to the provisions of this chapter, that permit holder must:
(1) Comply with all rules and regulations and all applicable city ordinances as though the same were incorporated into the permit.
(2) Comply with all conditions imposed by the permit.
(3) Inform all attendees of the conditions of the permit and the applicable rules and regulations. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.110 Revocation of permit.
Any permit for the use of the premises shall contain a provision that the library and community services director or designee shall have the power to cancel and terminate such permit and to require the immediate removal of all persons from said premises upon their finding:
(1) That the applicant misrepresented or misstated any material fact in their application; or
(2) That the activity or any significant part thereof taking place on said premises is contrary to state or local law, or is endangering life and/or property. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.120 Appeal of decision.
Any interested person may appeal the decision of the library and community services director or designee by providing the city manager or designee with written notice of appeal within five (5) days of the denial or revocation. The city manager or designee shall hold a hearing within ten (10) days of the filing of a notice of appeal, at which time the applicant may present any and all evidence, testimony, and information relevant to the city manager’s decision. The city manager or designee, within five (5) days following the appeal hearing, shall issue a decision. The decision of the city manager or designee shall be delivered to the applicant and shall be final and binding. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.130 Establishment of fees.
The city manager, in consultation with the library and community services, community development, public works, administrative services, and police departments, is hereby authorized to establish reasonable fees for the recovery of city costs associated with implementation and enforcement of this chapter. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.140 Prohibited activity in parks or facilities.
The following activities are prohibited in any park or recreational facility:
(1) Exclusive occupancy of any park or facility without a permit therefor, or the occupancy of any park by any group for which a permit is required without such permit.
(2) Occupancy of any park, except Burgess or Kelly, by a group of larger than one hundred fifty (150) persons.
(3) Commercial activities for private profit except where expressly permitted by state law and upon acquisition of required permits.
(4) Golf, except in designated areas.
(5) Motor-driven vehicles or models, including drones and unmanned aircraft systems, except in designated areas, and except for the use of drones by public safety personnel for emergency operations.
(6) Riding animals or bicycles except where developed for vehicular use.
(7) Placing litter or debris elsewhere than in containers therefor.
(8) Discharging weapons.
(9) Removal of turf, soil, grass, tree, shrub, or portion thereof; except as such work may be done by authorized city employees.
(10) Lighting or maintaining fires, except in places provided by the city or in a portable barbeque approved by the recreation department.
(11) Overnight use of parks, other than city-sponsored activities or other activities for which the city has provided written permission to utilize a park or recreation facility beyond the closing time.
(12) Play or practice baseball using a hard ball; or hit a hard ball with a baseball bat; this shall not prohibit the playing of the game of baseball with a soft ball.
(13) To ride, drive, lead or keep a saddle horse, pony, mule, or other such animal.
(14) To possess or consume alcoholic beverages other than beer or wine. Beer or wine may be consumed only at places more than one hundred (100) feet from parking, loading, and roadway areas.
(15) To cause, create, encourage, or threaten to cause any disturbance which may reasonably result in injury or property damage, or disturb the peace, comfort and security of the park patrons or employees. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.150 Park regulations.
The library and community services director shall be and is authorized and directed to promulgate such rules and regulations as they may deem to be necessary to effectively enforce the use regulations established in this chapter. The regulations may permit any of the activities prohibited in this chapter in any defined and prescribed area; provided, that a suitable area is set aside for such activity, and said areas are signed and posted, indicating the type of use permissible, and the rules applicable to said use, if any. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.160 Parks closed at night.
No person shall remain in any park or public recreation facility or building between the hours of thirty (30) minutes after sunset and sunrise other than a city employee in the performance of their duty or persons participating in city-sponsored activities or other activities for which the city has provided written permission to utilize a park or recreation facility beyond the closing time. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.170 County ordinance adopted by reference.
Section 2, Division III, Part Two (Chapter 10, Sections 3385 through 3392) of the San Mateo County Ordinance Code (described as the "San Mateo County Parks and Recreation Department Ordinance Code," effective October 21, 1976) is incorporated in this chapter and made a part of this chapter by reference but only as it relates to county park facilities located within the city. The only existing county facility as of the date of adoption of said ordinance to which this section shall apply is Flood Park. (Ord. 1090 § 8 (Exh. B), 2022).
8.28.180 Penalty for violation.
Any person, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for six (6) months, or by both such fine and imprisonment. Any violation of this chapter which is committed and continues from day to day constitutes a separate offense for each and every day during which such violation is committed or continued. (Ord. 1090 § 8 (Exh. B), 2022).