Chapter 7.20
PARKS AND RECREATION AREAS
Sections:
7.20.040 Permits for picnic areas.
7.20.060 Closure for emergency.
7.20.080 Disposition of trash and refuse.
7.20.100 Operation of vehicles and bicycles.
7.20.140 Miscellaneous prohibited acts.
7.20.010 Purpose.
It is the purpose and intent of this chapter to promote the safety, comfort and convenience of the public’s use and enjoyment of any park or recreational area and the use and enjoyment of any building, structure, equipment or apparatus thereon. (Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. I, 1982)
7.20.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(A) “Administrator” means the Administrator of the Mt. Shasta recreation and parks district or his designated representative.
(B) “Alcoholic beverage” means alcohol, spirits, liquor, beer or wine.
(C) “Amplified sound” means music, speech or sound projected and transmitted by electronic equipment including amplifiers.
(D) “City” means the City of Mt. Shasta.
(E) “City Council” means the legislative body of the City of Mt. Shasta.
(F) “Park” means any public park owned or leased by the City or the Mt. Shasta recreation and parks district.
(G) “Recreational area” means a playground, swimming pool, recreation center or any other area in the City of Mt. Shasta, owned or used by the City or the Mt. Shasta recreation and parks district and devoted to active or passive recreation.
(H) “Vehicle” means any wheeled conveyance, whether motor powered, drawn or self-propelled, of any size, kind or description except for baby carriages and vehicles in service to the Mt. Shasta recreation and parks district. (Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. II § 1, 1982)
7.20.030 Hours of operation.
All parks and recreational areas under the jurisdiction of the City or the Mt. Shasta recreation and parks district ownership or lease-contract for use, shall be open to the public every day of the year from sunrise to sunset and no person shall be in a park except for those hours without prior written approval from the Administrator. The opening and closing hours for recreational areas shall be made available for public information. (Ord. CCO-23-11, 2023; Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. II § 2, 1982)
7.20.040 Permits for picnic areas.
(A) A permit shall be obtained from the Administrator to reserve for exclusive use any picnic area;
(B) A person, organization or group seeking issuance of a permit hereunder shall file an application with the Administrator;
(C) A permittee shall be bound by all park rules and regulations and all applicable ordinances fully, as though the same were issued in the permits;
(D) Repealed by Ord. CCO-20-04;
(E) Violation of conditions, park rules and regulations, and permit requirements will result in immediate termination of the permit and disqualification from permit issuance for a period of two years from date of violation. (Ord. CCO-20-04 § 2, 2020; Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. VII, 1982)
7.20.050 Fees and deposits.
Any fees or charges to be collected for permits, the amounts of damages, cleaning deposits or any other reason may be determined by resolution of the City or the Mt. Shasta recreation and parks district board of directors and shall be administered by the Administrator. (Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. VIII, 1982)
7.20.060 Closure for emergency.
(A) In any emergency or when the Administrator or his appointed representative or the Mayor of the City of Mt. Shasta, the Chief of Police, Captain of Police, Fire Chief or Assistant Fire Chief shall have the authority and shall determine that the public health, public morals, or public safety demands such actions, any park or recreational area or portion thereof may be declared closed to the public at any time and for any interval or time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as these officials find reasonably necessary; and
(B) No person shall enter an area posted as “Closed to the Public” nor shall any person use or abet the use of any area in violation of posted notices. (Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. II § 3, 1982)
7.20.070 Animals.
No person shall:
(A) Leave, drive, entice, conduct, ride or otherwise bring any horse, mule, ass, cattle, goat, sheep, swine, or other animals or fowl of any kind in any park or recreation area without written permission from the Administrator;
(B) Permit, allow or suffer any domestic dog to enter upon or remain in any park or recreational area, unless such dog is confined in a vehicle or fastened to and restrained by a chain or leash not more than eight feet long;
(C) Hunt, chase, shoot, trap, throw missiles at, molest, disturb, snare, catch, injure or destroy any animal, bird or fish in any park or recreational area unless under the direction of a police officer of the City of Mt. Shasta; and
(D) Allow dogs in park areas when the City or the district board of directors feels that it is high public usage, when properly notified and posted.
(E) Allow his or her dog or other pet or domestic animal to exhibit aggressive behavior, to bite or in any way molest or annoy park visitors. No person shall permit his or her dog or other pet or domestic animal to bark continuously or otherwise disturb the peace and tranquility of the park. (Ord. CCO-23-11, 2023; Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. III § 2, 1982)
7.20.080 Disposition of trash and refuse.
No person in a park or recreational area shall throw, cast, place, deposit or dump or cause to be thrown, placed, cast, deposited or dumped any ashes, refuse, reptile, glass, crockery, bones, cans or like matter, empty box, carton, wastepaper, remains of food, newspaper, filth or rubbish of any kind except to place the same in the trash cans, bins or receptacles provided for such matter. Where receptacles are not provided or are insufficient to accommodate trash and refuse, all such trash and refuse shall be carried away from the park or recreational area by the person responsible for its presence, and properly disposed of elsewhere. (Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. III § 5, 1982)
7.20.090 Merchandising.
No person in a park or recreational area shall:
(A) Bring, or cause to be brought into, for the purpose of sale or barter, or have for sale, or sell or exchange, or offer for sale or exchange any goods, wares, or merchandise or other items without first having obtained written permission from the City or the Mt. Shasta recreation and parks district board of directors, and a business license to do so. An exception to this prohibition is made to any regularly licensed or nonprofit organization in conjunction with community sponsored events acting by permit and under the authority and regulation of the Mt. Shasta recreation and parks district board of directors;
(B) Erect or cause to be erected any sign whatever without written approval from the Administrator. (Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. V § 1, 1982)
7.20.100 Operation of vehicles and bicycles.
No person in a park or recreational area shall:
(A) Fail to comply with all applicable provisions of the Vehicle Code of the State of California in regard to equipment and operation of vehicles together with such regulations as are contained in this chapter and ordinances of the City of Mt. Shasta regulating traffic;
(B) Fail to obey all police officers and park employees who are hereinafter instructed to direct traffic whenever and wherever needed in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the Administrator;
(C) Fail to observe all traffic signs indicating speed, direction, caution, stopping, or parking, and all others posted for proper control and to safeguard life and property;
(D) Ride or drive a vehicle at a rate of speed exceeding 10 miles an hour, except upon such roads as the Administrator may designate, by posted signs, for faster travel; and
(E) Operate a vehicle in an area other than park roads and parking areas, nor park a vehicle in other than a designated roadway temporary parking area without written permission from the Administrator. (Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. III § 4, 1982)
7.20.110 Overnight camping.
No person shall camp, lodge, sleep or tarry overnight in any park or recreation area without written permission from the Administrator. This section shall be applicable to camper-type trucks, camp-trailers and similar conveyances. (Ord. CCO-23-11, 2023; Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. VI, 1982)
7.20.120 Polluting water.
No person in a park or recreational area shall:
(A) Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, swimming pool or other body of water any dirt, filth, substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters;
(B) Swim, bathe or wade in water of any fountain, pond, lake, stream, or other body of water, except that wading and swimming shall be permitted in pools provided for these purposes.
(C) No person shall allow a pet, including a service animal, to swim or wade in the waters of the park. (Ord. CCO-23-11, 2023; Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. III § 3, 1982)
7.20.130 Alcoholic beverages.
(A) No alcoholic beverages of any sort may be sold within City parks or recreation areas without first obtaining the express written permission of the City or the Mt. Shasta recreation and parks district board of directors upon approval of the Mt. Shasta City Council and obtaining necessary permits from the State of California. Beverages must not be dispensed in glass containers, but in cans, or paper or plastic cups. No opening or possessing alcoholic beverages in an open container or consuming any alcoholic beverage in any area of the park, unless expressly designated by the park Administrator.
(B) No person shall remain or loiter about in any City park or recreation district area in a state of intoxication. (Ord. CCO-23-11, 2023; Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. IV, 1982)
7.20.140 Miscellaneous prohibited acts.
No person in a park or recreational area shall:
(A) Take into, have brought or have in his possession, exhibit or set off or otherwise cause to explode or discharge or burn any firecrackers, torpedoes, rockets, or other fireworks or explosives or inflammable materials, or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints;
(B) Fire or carry any pellet gun, BB gun, handgun, rifle, cannon or other firearm, unless under the direction of a police officer of the City of Mt. Shasta or Siskiyou County Sheriff or an approved district representative, and shall act in accordance with State law;
(C) Practice, carry on, conduct, or solicit for any trade, occupation, or profession, without the written permission of the Administrator;
(D) Use restrooms and washrooms designated for the opposite sex; provided, that this shall not apply to children under seven years of age accompanied by their father, mother, guardian or custodian;
(E) Erect, construct, install, or post any structure, wire, pipe or sign of any kind whatsoever without prior written permission of the Administrator;
(F) No sound amplification system used for the amplification of music shall be permitted to be used in any park without the prior approval of the Administrator, who may deny approval if such use will unduly disturb users of, or neighbors to, the park. Permits will be issued only as a part of a permit being issued under this chapter. The permittee shall keep the sound level of such amplification system at a reasonable level to avoid disturbing other people using the park;
(G) Claim exclusive use of, prevent the use by others of, nor reserve for use any park area without prior written permission of the Administrator;
(H) Violate the regulation that use of the individual fireplaces together with tables and benches follows generally the rule of “first come, first served,” with the exceptions that those units may be reserved by an authorized permit signed by the Administrator or his representative;
(I) No person shall take part in or abet the playing of games involving batted, thrown or otherwise propelled objects of danger such as golf balls, baseballs, stones, arrows, javelins, or model airplanes, motorized or not, in any park or recreation area except in areas set apart for such forms of recreation. The use of golf clubs, bats or other similar objects, and playing of rough or competitively dangerous games such as football, soccer or baseball, is prohibited except in the fields or area provided therefor;
(J) No person shall be nude upon any city park or parks and recreation district property or any portion of private property that is visible from park property, including street, sidewalk, bike path, alley, parking lot, plaza, playground, pool, beach or adjacent waters or other places open to the public.
Exception – this subsection (J) shall not apply to:
(1) Children under the age of five years;
(2) The exposure of a breast while breastfeeding a nursing child;
(3) Theatrical performances in a theater, concert hall or other similar establishment located on public property;
(4) Nudity within a fully enclosed structure intended to allow brief nudity, such as a bathroom, locker room, dressing room or changing room;
(5) Any act that is expressly permitted by any law of the State of California. (Ord. CCO-23-11, 2023; Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. III § 1, 1982)
7.20.145 Drug-free zone.
(A) All City parks and parks administered by the City or the Mount Shasta parks and recreation district, including adjacent public parking lots and sidewalks, are declared as drug-free zones pursuant to California Health and Safety Code Section 11380.5, which sets forth the enhanced penalties for specified offenses involving the possession or sale of controlled substances upon the grounds of the parks and playground.
(B) Smoking is prohibited, including cannabis related substances in all parks as set forth in Chapter 6.20 MSMC. (Ord. CCO-23-11, 2023)
7.20.147 Fires.
(A) No person shall build, light, or maintain any open outdoor fire within the City park or park and recreation district area, except in those facilities or areas provided and so designated for that purpose. Exceptions to this requirement must be obtained in writing from the Mount Shasta Fire Department. Wood or other flammable materials are prohibited in barbecue pits or barbecue pedestals, briquettes only.
(B) All fires must have an adult in attendance. All barbecue pit or barbecue pedestal fires shall be fully extinguished before leaving unattended. (Ord. CCO-23-11, 2023)
7.20.150 Enforcement.
Any police officer of the City, any deputy Sheriff of the County of Siskiyou or any peace officer defined generally under Cal. Penal Code § 830 shall have the authority to enforce the provisions of this chapter.
The Administrator and any police officer shall have the authority to seize and confiscate any property, thing or device which is located in a park or recreational area and which is used in violation of this chapter.
The Administrator or any police officer shall have the authority to eject from the park and recreational area any person acting in violation of the provisions of this chapter. (Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. 396 Art. IX § 1, 1982)
7.20.160 Violation – Penalty.
(A) Violation of this chapter shall constitute an infraction, and shall follow penalties set forth in Chapter 1.03 MSMC.
(B) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City. Nothing in this chapter shall create a right of action in any person against the City or its agents to compel public enforcement of this chapter against private parties.
(C) Nothing herein shall prevent a person who violates this chapter from, in the alternative, being charged with and convicted of a misdemeanor or felony under any other applicable provision of the California Penal Code or other local, County, State, or Federal law or regulation. (Ord. CCO-23-11, 2023; Ord. CCO-15-05, 2015; Ord. CCO-11-05 § 18, 2011; Ord. CCO-95-04, 1995; Ord. 444, 1989; Ord. 396 Art. IX § 2, 1982)