Chapter 12.24
PARKS
Sections:
12.24.020 Compliance with rules and regulations.
12.24.030 Compliance with signs and notices.
12.24.070 Performing of labor.
12.24.080 Peddling and vending.
12.24.120 Pollution of waters.
12.24.130 Parental responsibility.
12.24.150 Injuring plant life.
12.24.160 Removing plant life and other materials.
12.24.170 Vandalizing buildings and fixtures.
12.24.180 Nighttime trail closures.
Prior legislation: Ord. 495.
12.24.010 Definitions.
As used in this chapter:
A. “Park” includes all areas owned by the city which are designated for public recreational use, whether active or passive, including all paths, roadways, avenues, and parkways.
B. “Person” includes persons, associations, partnerships, firms, corporations and governmental entities other than the city.
C. “Grounds” includes all areas owned by the city which are designated for open space use, including parklands, and all paths, roadways, parkways and structures and equipment located thereon.
D. “Group gathering” means any meeting, collection or assemblage of people for any purpose including but not limited to active recreational uses, social occasions or personal celebrations, where the total number of persons attending such meeting, collection or assemblage exceeds ten.
E. “Parklands,” for purposes of this chapter, means all areas owned in fee by the city which are designated for open space use. The term “parklands” does not include streets and does not include those portions of property that are subject to a concession agreement or other lease (e.g., golf, tennis, swim, stables), except the sand dunes adjacent to the developed golf course, and improved or used for active recreation. For purposes of coastal development permits, the definition of parklands in PVEMC 19.01.140 applies. (Ord. 708 § 1, 2014; Ord. 701 § 2 (Exh. 1), 2012; Ord. 621 § 1, 1999; Ord. 23 §§ 1 – 4, 1940)
12.24.020 Compliance with rules and regulations.
No person shall disobey or violate any of the rules or regulations of the city governing the use and enjoyment by the public of any park, square, avenue, or grounds, or governing the use and enjoyment of any building, structure, equipment, apparatus or appliance thereon, which rules or regulations at the time are posted in some conspicuous place in the park, square, avenue, or grounds, or in or near the building, structure, equipment, apparatus or appliance to which the rule or regulation applies. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 23 § 5, 1940)
12.24.030 Compliance with signs and notices.
No person shall disobey any instruction, sign or notice posted by the city in any park, square, avenue, or grounds or in any building, structure, construction or erection thereon for the control, management or direction of such park, square, avenue, grounds, building, structure, construction or erection. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 23 § 6, 1940)
12.24.040 Closure of grounds.
When the city manager or his or her designee determines that immediate interests of the public health, safety or welfare demand such action, any park, square, avenue, or grounds, or any part or portion thereof, may be closed against the public and all persons may be excluded therefrom until the situation upon which the determination of the city manager is based has ceased. The city manager shall open the park, square, avenue, or grounds or parts thereof so closed again to the public upon the cessation of the situation upon which his or her determination was based. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 621 § 2, 1999; Ord. 23 § 7, 1940)
12.24.060 Horses.
No person shall ride any horse or other animal within any park, square, avenue, or grounds, except upon the bridle paths provided and designated by the city for such use, and must ride or drive such horse or other animal in a careful manner, at a lawful rate of speed, and in accordance with any rules and regulations. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 23 § 9, 1940)
12.24.070 Performing of labor.
No person shall perform any labor in or upon any park, square, avenue, or grounds, such as taking up or replacing soil, turf, ground or pavement, structure, tree, shrub, plant, grass, flower and the like, except under the supervision and control of the public works director. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 23 § 10, 1940)
12.24.080 Peddling and vending.
No person shall 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 things in any park, square, avenue, or grounds, nor shall any person perform or offer to perform for consideration any service in any park, square, avenue, or grounds, without first having been issued a permit from the parklands committee to do so, in accordance with all other requirements of law. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 621 § 5, 1999; Ord. 23 § 12, 1940)
12.24.090 Deposit of rubbish.
No person shall throw, place, cast, deposit or dump any refuse, animal food, garbage, paper, scraps, dirt, dead animals, beverage containers, boxes, cartons, waste paper, newspaper, filth or rubbish of any kind in any park, square, avenue, or grounds, except to place the same in such receptacles as are provided for such matter. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 627 § 23, 2001; Ord. 23 § 18, 1940)
12.24.100 Disorderly conduct.
No person shall in any park, square, avenue, or grounds:
A. Disrobe, urinate, defecate, or display any lewd act;
B. Throw stones or other missiles;
C. Discharge any firearm or any other instrument which propels any missile or other projectile, except as otherwise permitted by this code;
D. Fire or carry any firecracker, torpedo or fireworks;
E. Make any fire or cook any food;
F. Climb upon any wall, fence, shelter, statue, building or fountain. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 621 § 9, 1999; Ord. 23 § 20, 1940)
12.24.110 Bathing.
No person shall bathe in any tank, reservoir, pool or fountain in any park, square, avenue, or grounds. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 23 § 22, 1940)
12.24.120 Pollution of waters.
No person shall throw or place or cause to be thrown or placed any dirt, filth or foreign matter in the waters of, or near to the waters of, any pool, tank or reservoir in any park, square, avenue, or grounds. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 23 § 23, 1940)
12.24.130 Parental responsibility.
No parent, legal guardian or legal custodian of a minor shall permit or allow such minor to do any act or thing in any park, square, avenue, or grounds prohibited by the provisions of this chapter. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 23 § 25, 1940)
12.24.140 Group gatherings.
A. Farnham Martin Park is recognized by the city as having unique characteristics, based upon its immediate contiguity to residential property on one side, and its use as the entrance way to the Malaga Cove Library located on the other side. Group gatherings at Farnham Martin Park would, therefore, create significant adverse impacts to both private property and the public in general if permitted to occur without control.
B. It is unlawful for any person to hold or participate in any group gathering at Farnham Martin Park unless a permit therefor is first obtained in accord with the provisions of subsection C of this section. Notwithstanding the foregoing, in no event shall a group gathering occur or be permitted at Farnham Martin Park at any time that the Malaga Cove Library is open.
C. An application for a permit to utilize Farnham Martin Park for a group gathering shall be submitted to the city clerk not less than seven days prior to the intended date of the group gathering. The city manager may issue a permit for the proposed group gathering if he determines that such gathering may be conducted without generating adverse impacts to neighboring residential properties or to use of the Malaga Cove Library. In issuing a group gathering permit under this section, the city manager may impose such terms and conditions as he deems advisable to avoid such adverse impacts.
D. The provisions of this section shall not apply to any meeting, collection or assemblage of people where the purpose and result of such gathering is solely for such people to engage in noncommercial activity protected by the First Amendment to the United States Constitution.
E. The fee for a group gathering permit shall be in the amount established by resolution of the city council. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 621 § 11, 1999; Ord. 23 § 26, 1940)
12.24.150 Injuring plant life.
No person shall cut, break, dig up, pull up, pluck or in any manner injure any tree, bush, shrub, flower or plant growing in any park, square, avenue, or grounds, or in any building or structure within any park, square, avenue, or grounds. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 23 § 28, 1940)
12.24.160 Removing plant life and other materials.
No person shall remove or take away any tree, wood, bush, turf, flower, plant, grass, soil or rock, or anything of like kind, from any park, square, avenue, or grounds. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 23 § 29, 1940)
12.24.170 Vandalizing buildings and fixtures.
No person shall destroy, mutilate, deface, cut, scratch, mark upon, write upon, print upon, paint upon, or otherwise mar, or mutilate, or deface, or injure any building, or structure, restroom, toilet, or any wall, fence, door, fixture, or any part thereof, or any furniture, equipment or apparatus therein, within any park, square, avenue, or grounds. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 23 § 30, 1940)
12.24.180 Nighttime trail closures.
A. General Prohibition. No person shall be on the following trails and in the following areas from one hour after sunset to one hour before sunrise:
1. The Paseo Del Sol Fire Road from the easterly terminus of lower Paseo Del Sol to Via Campesina, and all parkland within fifty yards from the center of said trail.
2. The Via Tejon trail beginning at the easterly terminus of Via Tejon and ending at the Via Campesina bridge, and all parkland within fifty yards from the center of said trail.
B. Exceptions to this prohibition are as follows:
1. Persons performing emergency work.
2. Persons engaged in city-sponsored events or specific events approved by the city manager.
3. The evening of July 4th.
C. Map Available. The police department and city clerk shall maintain a map of the areas subject to nighttime closure, which shall be subject to public inspection on request during business hours. (Ord. 703 § 1, 2013)