Chapter 9.28
PARKS AND RECREATION
Sections:
9.28.020 Prohibited activities without a permit.
9.28.030 Application and permit for meetings and assemblages.
9.28.040 Public restrooms--Prohibited uses.
9.28.050 Written rules and regulations by department--Posting.
9.28.060 Violations of rules, regulations and orders.
9.28.070 Public may be excluded.
9.28.080 Violation--Penalties.
9.28.010 Definitions.
(a) “Department” means the department of parks and recreation.
(b) “Director” means the director of the department of parks and recreation.
(c) “Park” includes every public park, roadside rest area, playground or other recreational facility area together with any parking lot, reservoir, swimming pool, course, court, field, bridle path, trail, or other recreational facility or structure thereon or therein, owned, managed, or controlled by the city. (Ord. 129 Sec. 1, 1970)
9.28.020 Prohibited activities without a permit.
Except as specifically authorized by written permit issued by the department’s director and subject to reasonable conditions there for, no person shall within the limits of any park in the city:
(1) Cause, permit or allow any animal owned or possessed by him or any animal in his care, custody or control, to be present in the park, except:
(A) Equine animals, being led or ridden, under reasonable control, upon bridle paths or trails provided for such purposes,
(B) Dogs or cats when led by a cord or chain not more than six feet long and not tethered on an additional line, or when confined within the interior area of a vehicle,
(C) Dogs which have been specially trained and are being used by blind persons to aid and guide them in their movements;
(2) Sell or offer for sale any merchandise, article, or thing of any kind or nature whatever, or practice, carry on, conduct or solicit any trade, occupation, business, or profession;
(3) Play any musical instrument within five hundred feet of any structure used for dwelling purposes between the hours of ten p.m. and seven a.m., except within or upon an area or facility set aside for this purpose by the city council or department. For purposes of this subdivision, the term “musical instrument” includes, but is not limited to, drums and other percussion devices;
(4) Play or utilize any sound amplifying system within or upon an area or facility not set aside for such purposes by the city council or department. For purposes of this subdivision “sound amplifying system” means and includes any system of electrical hookup or connection, loudspeaker system or equipment, sound amplifying system, and any apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of the human voice, musical tone, vibration or sound wave. This subdivision shall not apply to the regular and customary use of portable radios, televisions, record players or tape recorder played or operated in such places and at such times so as not to disturb other persons in their permitted uses of the park;
(5) Use any area set aside for a specific purpose by the city council or department, for a purpose contrary to or inconsistent with that specific purpose;
(6) Throw, discard or deposit any paper, rubbish, debris, ashes, dirt, bottles, cans, trash, or litter of any kind or nature whatsoever, except in receptacles specifically provided thereof;
(7) Land, release, take off or fly any balloon except children’s toy balloons not inflated with any flammable material, helicopter, parakite, aircraft or powered model, airplane, except in an area specifically set aside for such purpose;
(8) Engage in any voluntary parachute jump;
(9) Use, throw or release any spear, arrows, bows, or crossbows, except as specifically permitted in designated archery areas;
(10) Take, seize or hunt any bird or animal;
(11) Remove any wood, tree, shrub, plant, ground cover, turf, grass, soil, rock, sand, or gravel from any park;
(12) Cut, break, injure, tamper with, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, table, bleacher, structure, apparatus, sign, equipment or property in the park; or mark, paint, post or write upon any building, monument, fence, bench, table, sign, or other structure;
(13) Enter or remain in Pacer Park, Ted Brooks Park and Kips Korner Park between the hours of nine (9:00) p.m. and six (6:00) a.m. or enter or remain in any other park between the hours of eleven (11:00) p.m. and six (6:00) a.m.; (Ord. 711, 1996, Ord. 713, 1996)
(14) Drive or ride any motor driven cycle or vehicle except on roads or drives provided for such purposes;
(15) Make or kindle a fire or cook food, except in a stove or masonry or concrete hearth or barbecue brazier, provided by the department for such purpose;
(16) Enter any municipal swimming pool or dressing room therein at any time when an employee of the department is not in attendance therein;
(17) Roller skate, board skate, or ride or drive any bicycle, scooter, or similar vehicle on the decks surrounding a swimming pool, or on tennis courts, or on multi-purpose play areas not specifically designated for roller skating, board skating, or other vehicles, except for physically handicapped persons who are using proper vehicles to transport themselves from place to place;
(18) Erect, maintain, use or occupy any tent, lodge, shelter, or structure unless the same shall have one side thereof entirely open and unless there shall be an unobstructed view into such tent, lodge, shelter, or structure from the outside on at least one side thereof;
(19) Fly a kite or play or participate in any organized game, such as baseball, hockey, football and the like, except at such places designated for such use by the department;
(20) Play golf, hit or drive a golf ball, except at such places specifically set aside for such use by the department;
(21) Climb upon any wall, fence, shelter, seat, statue, building, structure, construction, or erection;
(22) Voluntarily bring, land, or cause to descend or alight, any aeroplane, airship, flying machine, dirigible, parachute or other instrumentality, machine, or apparatus for aviation;
(23) Fire or carry any firecracker, torpedo or fireworks;
(24) Beg or solicit non-charitable contributions, gifts or subscriptions; (Ord. 783, Sec. 20, 2001)
(25) Have, possess, carry, sell or consume any intoxicating liquor. For the purpose of this chapter, “intoxicating liquor” shall be construed to include any spirituous, vinous, malt or mixed liquors containing one-half of one percent, by volume, of alcohol. Notwithstanding anything to the contrary stated hereinabove, only the city council may grant a permit for the possession, sale, distribution or consumption of “intoxicating liquor” with reasonable conditions therefor as are necessary to protect persons and property;
(26) Sell or offer for sale beverages of any kind or nature whatever in glass containers. (Ord. 284 Sec. 2, 1974; Ord. 129 Sec. 2, 1970)
9.28.030 Application and permit for meetings and assemblages.
(a) The city council is authorized to designate suitable sites within parks in the city to be used primarily but not exclusively for meeting places by non-profitmaking persons, groups and organizations for the purpose of holding or conducting meetings and assemblies. Where such sites have been so designated by the council for such purposes, no persons, groups or organizations shall use other sites in city parks for any such purposes without permission from the director. Except where a prior permit has been granted for the same place and the same time, a permit shall be granted by the director to any nonprofit-making persons, group or organization to use any site in a city park, not previously designated by the city council as provided above, for holding or conducting meetings and assemblies, if the person, group or organization applies for such to the director in writing and states in his application the time and place wherein the activity is to take place, the approximate number of persons expected to attend, the type of sound-amplifying equipment, if any, to be used, and the name of the persons, group or organization using the site. Any permittee hereunder shall comply with all conditions imposed on such permit by the director as reasonably necessary for the protection of persons and property. The director, in appropriate situations, may allocate portions of any park site as previously designated by the city council for the use of different persons, groups and organizations at the same time in their conduct of meetings and assemblies.
(b) Assemblages, meetings, gatherings, speeches and related activities shall be conducted between seven a.m. and eleven p.m.
(c) Before any portable or built-up platforms, walks or ramps more than two feet above the ground are constructed, the applicant shall obtain a permit from the department of building and safety. (Ord. 351 Sec. 1, 1976; Ord. 129 Sec. 3, 1970)
9.28.040 Public restrooms--Prohibited uses.
No male person over eight years of age shall enter or use any public restroom designated for women in a park, nor shall any female person over eight years enter or use any public restroom designated for men in a park.
No person shall use public restrooms in a park for the purpose of bathing one’s self or any other individual or any animal; nor shall such restrooms be used for dressing rooms or the changing of wearing apparel. (Ord. 129 Sec. 4, 1970)
9.28.050 Written rules and regulations by department--Posting.
(a) The department’s director is authorized to promulgate all rules and regulations necessary to implement the provisions of this chapter and to control and regulate activities by the public in any park or portion thereof in the interest of the public health, safety and welfare, the rules and regulations to be subject to the prior approval of the city manager.
(b) Every person shall comply with all written rules and regulations promulgated by the department’s director for the use of baseball diamonds, tennis courts, or other game courts, aquatic areas, recreation buildings, trails and any recreational area which rules and regulations shall be conspicuously posted on the backstop of the ball diamond and on bulletin boards or posts adjacent to any of the areas or buildings. (Ord. 129 Sec. 5, 1970)
9.28.060 Violations of rules, regulations and orders.
(a) No person shall disobey any written instruction, rule, regulation or notice, which is properly posted by the department in any park or portion thereof, for the control, management or direction of such park, or portion thereof, including but not limited to any buildings thereon.
(b) No person shall willfully refuse to follow or comply with any lawful order or direction of any department employee. (Ord. 129 Sec. 6, 1970)
9.28.070 Public may be excluded.
In an emergency or when the director determines that the public interest, public health, public morals, or public safety demands such action, any park, or any part or portion thereof, may be closed to the public and all persons may be excluded therefrom until such emergency or other reason upon which such a determination of the director is based has ceased. Upon the cessation thereof, the park, or any part or portion thereof, so closed shall be reopened to the public by the director. (Ord. 129 Sec. 7, 1970)
9.28.080 Violation--Penalties.
Repealed Ord. 634, 1991) (Ord. 527 Sec. 4 (part), 1984: Ord. 417 Sec. 5, 1978)