Chapter 9.48 COMMUNITY SERVICES FACILITY

A. “Camp” means to reside in or use a park for living accommodation purposes, as exemplified by remaining for prolonged or repetitious periods of time not associated with ordinary recreational use of a park with one’s personal possessions (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware and similar material), sleeping or making preparations to sleep, storing personal belongings as above defined, regularly cooking or consuming meals, or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaged.

B. “Community Services facility” includes parks, recreation facilities, and cultural facilities owned by, leased by or under the control of the City and used as defined herein.

C. “Community Services site employee” means any person employed by the City whose position is assigned to the Community Services Department with duties conducted in or around any indoor or outdoor City park, recreation facility, or cultural facility or area.

D. “Cultural facility” shall include City buildings and outdoor areas that are primarily used for the purpose of arts, education and nature exploration, including all land, water, road improvements, parking, and facilities therein.

E. “Director” means the Director of Community Services or a designated representative.

F. “Other wheeled recreational device” means nonmotorized bicycles, scooters, in-line skates, roller skates, or wheelchairs.

G. “Parks” are designated as City parks, recreation areas, and reserves by the City Council including all land, water, road improvements, parking, and facilities therein.

H. “Recreation facility” is any building that is primarily used for the purpose of recreation and leisure activities including all land, water, road improvements, parking, and facilities therein.

I. “Scooter” means any wheeled device, motorized or not, that has handlebars and is designed to be stood or sat upon by the operator.

J. “Skateboard” means a board of any material that lacks a handle mechanism, has wheels attached and such wheels may be used for moving or propulsion.

K. “Skate park” means any facility that is designed and maintained for the purpose of recreational skating. The skate park shall include the fence and the entire area within the fencing surrounding the skate facility, if the immediate skate facility is fenced. (Ord. 782 § 2, 2015)

9.48.020 Director to operate Community Services facilities.

A. The operation of all City Community Services facilities shall be under the control of the Director subject to the supervision of the City Council.

B. Each Community Services site employee is responsible for enforcing the provisions of this chapter and the rules and regulations of the Director, and shall take appropriate action in the case of any violations thereof.

C. Any peace officer shall have the power to make arrests for violations of the provisions of this chapter and to issue citations for such violations as provided in Chapter 1.12 PMC. (Ord. 630 § 2, 2005)

9.48.030 Rules and regulations.

The Director shall promulgate rules and regulations for the operation of City Community Services facilities, and fees and charges for the use of City Community Services facilities, which shall be effective from the time they are approved by the City Council. Such rules and regulations, or excerpts thereof, shall be posted in City Community Services facilities if such posting is feasible in the opinion of the Director; irrespective of posting, copies of such rules and regulations shall be available to persons desiring copies thereof at the office of the Director during business hours. No person shall violate and no person shall fail to comply with such rules and regulations. (Ord. 630 § 2, 2005)

Article II. Preservation of City Community Services Facility Features and Public Health and Safety

9.48.040 Hours of operation for City parks.

Except as otherwise posted, City parks shall be open to the public between sunrise and sunset. Except by special permit, no person shall be present in any City park at any time that the park is not open to the public. (Ord. 630 § 2, 2005)

9.48.050 Camping.

No person shall camp, lodge or sleep overnight, or between sunset and sunrise, except in areas specifically designated for such purpose and as may be permitted by the Director. (Ord. 630 § 2, 2005)

9.48.060 Plants.

No person shall pick, dig up, mutilate, destroy, injure, disturb, move, molest, burn or carry away any plant or vegetation, or portion thereof, including aquatic plants. (Ord. 630 § 2, 2005)

9.48.070 Mistreating animals.

No person shall trap, kill, wound or maltreat any wild or domesticated bird or animal, and no person shall permit any pet to pursue, trap, kill or wound any wild or domesticated bird or animal. (Ord. 630 § 2, 2005)

9.48.080 Geological features.

No person shall destroy, disturb, deface or remove earth, sand, gravel, oil, minerals, rocks or fossils, features of caves, or any parts thereof. (Ord. 630 § 2, 2005)

9.48.090 Special permits.

The Director may grant a permit to remove, destroy or otherwise disturb plants or animals or geological, historical or archaeological materials upon finding that such will be in the best interests of the City. (Ord. 630 § 2, 2005)

9.48.100 Defacement prohibited.

No person shall in any way deface, mutilate or remove any sign, tree, fence, wall, building, railing, playground equipment, camp or picnic structure, monument or any other object or structure within a City Community Services facility. Removing a “reserved” sign or willfully occupying and holding a camp site, area, building or facility which has been reserved and for which a valid permit has been issued, is prohibited. Users or permittees will be personally responsible for any damage to a building or facility and shall be responsible for reimbursing the City for any loss or damage to City property caused by such use. (Ord. 630 § 2, 2005)

9.48.110 Rubbish.

No person shall leave, dispose of or throw away any garbage, refuse, cans, trash, ashes, bottles, broken glass, or like substances, or any animal carcass, in any place except containers provided for that purpose; nor shall any person bring any such substance, except litter accumulated in the course of automobile travel, into a City Community Services facility for the purpose of disposal thereof in City Community Services facilities. (Ord. 630 § 2, 2005)

9.48.120 Weapons and firearms.

No person shall use, transport, carry, fire, or discharge any firearms, air gun, archery device, slingshot, or explosive of any kind across, in or into a City Community Services facility; provided, however, this prohibition shall not apply to activities permitted by the Director of Community Services nor the possession or use of any archery device in or upon a City archery range. (Ord. 630 § 2, 2005)

9.48.130 Fire hazard.

No person shall ignite, or permit to be ignited, a fire in any location in a City Community Services facility except in a campfire or cooking area provided by the City. No person shall throw away any lighted tobacco product, or any burning or combustible material or other matter that could set fire to grass, shrubs, buildings or any other combustible substance. Burning tobacco materials may only be disposed of in proper ashtray or receptacle provided for such purpose.

An exception may be approved by the Director for standard cake candles less than four inches that are intended to be easily blown out, and standard “Sterno” cans used only for heating chafing dishes. (Ord. 769 § 2, 2014)

9.48.140 Barbecues.

No person using a barbecue shall permit such barbecue to remain in an untidy or unsanitary condition, nor shall any such person fail to clear away therefrom all cooking and eating utensils and waste matter after use thereof. Any person who uses a barbecue shall, when such use is completed, deposit the coals in the hot ash coal container. (Ord. 630 § 2, 2005)

9.48.150 Toilet facilities.

No male person shall resort to nor loiter about any toilet facilities set apart for women and no female person shall resort to nor loiter about any toilet facilities set apart for men; provided, this shall not apply to children accompanied by their father, mother or guardian. (Ord. 630 § 2, 2005)

9.48.160 Water pollution.

No person shall place any garbage or other waste, or any soiled eating or cooking utensils or anything similar, in any stream, lake, pond, pool or at any hydrant for the purpose of cleaning the same, nor shall any person use any stream, lake, pond, pool or hydrant for washing or bathing, or for disposal of refuse, or for any activity which would tend to cause the pollution thereof. (Ord. 630 § 2, 2005)

9.48.170 Horses and other animals.

A. No horse or other animal shall be hitched to any tree or shrub or structure in a manner that may cause damage to Community Services facility property. No person shall ride, drive, lead or keep a saddled horse or other animal in any City Community Services facility, except on such roads, trails or other areas as the Director may designate and subject to such regulations as the Director may promulgate.

B. No person shall hitch any horse within a Community Services facility except for the duration of the visit to such Community Services facility or pursuant to special permit issued by the Director of Community Services. No person shall leave or hitch any horse on any driveway or at any other place except at such place or places as are designated as places for hitching horses. (Ord. 630 § 2, 2005)

9.48.180 Animals – Presence.

A. Subject to the conditions set out in this section, animals are permitted in City parks and outdoor areas during the hours that such areas are open to the public.

B. Notwithstanding the provisions of subsection A of this section, no person shall bring a dog into, permit a dog to enter into or remain in, or possess a dog in any City Community Services facility without first having obtained a valid license for such dog. Evidence of such valid license shall be presented by the person responsible for such dog when required by a Community Services site staff employee.

C. Except in an area specifically set aside and designated by the Director of Community Services as a “dog park,” all animals in City Community Services facilities shall be physically restrained at all times, either by being attached to a substantial leash no more than six feet in length, or by being confined in a tent, trailer, or other appropriate structure.

D. No dogs, horses, or other animals are allowed within 100 feet of Lake Poway.

E. Controlled and supervised animal shows may be allowed with prior written approval of the Director of Community Services and are subject to all conditions and fees stated in the City’s Facility Rules and Regulation Policy.

F. Except as provided in subsections C and E of this section, no person shall bring an animal into or permit an animal to enter and/or remain within, or possess an animal within, any structure in a City Community Services facility other than the Lake Poway Animal Facility.

This subsection shall not apply to an assistance dog accompanying or assisting an unsighted or disabled person there present, or therapy pets when present in facilities occupied by the Poway Senior Center during such times as permitted by an existing facilities use agreement. For purposes of this section, “assistance dog” is one that has been specially trained as a guide dog, signal dog or service dog, and “therapy pet” is one that is trained along with its handler(s) to achieve specific physical, social, cognitive, and emotional goals with patients and individuals.

G. No person shall keep or permit within a City Community Services facility a noisy, vicious or dangerous animal, or an animal which disturbs other persons within the boundaries of a City Community Services facility after having been directed by a Community Services site employee to remove such animal.

H. Any person bringing an animal into a City Community Services facility is solely responsible for the actions of such animal. Any injury inflicted by such animal upon any person or any damage caused by such animal to any real or personal property shall be reported to a Community Services site employee.

I. The Director may further regulate animals in, or may exclude animals from, any City Community Services facility or section of a City Community Services facility where the Director finds that the presence of animals substantially conflicts with the general use and enjoyment of such Community Services facilities. (Ord. 703 § 2, 2010)

9.48.190 Closing hours.

No person shall remain upon the grounds of a City Community Services facility or occupy the grounds of such Community Services facilities, or any part thereof, or use any of the facilities or equipment therein, or permit any vehicle to remain therein after closing time, as posted, unless authorized by the Director. The Director may designate and enforce an earlier closing time, which shall be posted, for such grounds or facilities and for the use of such equipment. (Ord. 630 § 2, 2005)

9.48.200 Washing or repairing cars.

No person shall engage in the washing, cleaning, polishing, repairing, renovating or painting of any vehicle within a City Community Services facility, except that emergency repairs immediately necessary to render such vehicle safe may be made. (Ord. 630 § 2, 2005)

9.48.210 Speed limits.

No person shall drive a vehicle within a City Community Services facility other than in a reasonable and prudent manner and with due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed, which endangers the safety of persons, property or wildlife. No vehicle shall be driven at a speed greater than 10 miles per hour in camp, parking lots, picnic, utility or headquarters area and areas of general public assemblage, and no vehicle shall be driven at a speed greater than 20 miles per hour in other areas. (Ord. 630 § 2, 2005)

9.48.220 Parking.

No person shall park any vehicle at any City Community Services facility except for the duration of the visit to such facility or pursuant to special permit issued by the Director of Community Services. No person shall leave or park any motor vehicle on any driveway or at any other place except at such place or places as are designated as places for vehicle parking. (Ord. 630 § 2, 2005)

9.48.230 Children.

No person shall permit any child under the age of seven years to play in any playground area, or fish, swim or play in or near any lake or pool, unless such child is attended by an adult. (Ord. 630 § 2, 2005)

9.48.240 Soliciting, selling and advertising.

A. Except and only as expressly permitted in Chapter 5.22 PMC, no person shall sell or offer for sale any goods, wares, articles or merchandise; or practice, carry on, conduct or solicit for any trade, occupation, business or profession within a City Community Services facility without the authorization of the Director. Nothing in this provision shall prohibit sales of articles or solicitations by nonprofit organizations that are otherwise allowed by law.

B. No person shall distribute, circulate, give away, or throw or deposit any commercial handbill, circular, pamphlet, tract or advertisement in any Community Services facility within the City. It is not unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. No person shall post or affix to any pole, tree, car, fence or structure situated therein any kind of handbill, circular, pamphlet, tract or advertisement. Nothing herein shall prohibit the posting of an advertisement on any community bulletin board maintained by the City for that purpose. Nothing herein shall prohibit the placement and maintenance of signs and/or banners by the City in connection with community activities or by facility use permittees in connection with permitted activities. (Ord. 826 § 2, 2019; Ord. 630 § 2, 2005)

9.48.250 Entertainment.

No person shall set up or maintain any exhibition, entertainment device, animal ride, show, performance, lecture, oration or concert without written permission to do so from the Director. (Ord. 630 § 2, 2005)

9.48.260 Peace and quiet.

No person shall disturb the peace and quiet of a City Community Services facility by any loud or unusual noise, or by the sounding of automobile horns or noise-making devices, or by the use of profane, obscene or abusive language or gesture. (Ord. 630 § 2, 2005)

9.48.270 Alcoholic beverages.

A. No person shall transport into a City Community Services facility, or consume upon the premises of a City Community Services facility, any intoxicating liquors having an alcoholic content in excess of 20 percent by volume.

B. No person shall consume any alcoholic beverage at any time at the archery range, in facility parking lots, or a playground area of a City park.

C. Except as expressly provided below, no person shall consume any alcoholic beverage in any other indoor or outdoor area of a City Community Services facility between 9:00 p.m. and 10:00 a.m.:

1. On Lake Poway or within the high water line or concession balcony of Lake Poway during the established operating hours; or

2. At the Poway Center for the Performing Arts; or

3. Pursuant to permit issued by the City for a special public event.

D. No person shall consume any alcoholic beverage at any City Community Services facility during times that it has been rented, with or without remuneration to the City, to house a youth event. Youth events include rite of passage celebrations such as bar mitzvahs, bat mitzvahs, quinceaneras, “sweet 16” and other birthday parties, in addition to youth sports team games and parties, and all events involving social groups whose participants and/or members are primarily under the age of 21 years. (Ord. 769 § 3, 2014)

9.48.280 Pedestrian walkways.

No person shall ride, operate or use any vehicle, skateboard, bicycle, scooter, roller skates or roller blades in any area of a City Community Services facility designated and posted as a pedestrian walkway. This prohibition shall not apply to Community Services site employees or City authorized personnel in the course of their duties. (Ord. 630 § 2, 2005)

9.48.290 Glass prohibited.

No person shall possess any glass container in any indoor or outdoor area of a City Community Services facility except pursuant to a permit issued by the City. (Ord. 630 § 2, 2005)

9.48.300 Lawful directives of staff.

No person shall fail to obey any lawful directive of a Community Services site employee. (Ord. 630 § 2, 2005)

9.48.310 Directive prohibiting presence in park.

A. Any person who violates any provision of this chapter which protects the health or safety of any other person, and, after being directed by Community Services site personnel to cease and desist from such conduct, refuses or fails to do so, shall remove himself from the Community Services facility if so directed by a Community Services site employee. No person who is ordered excluded from a Community Services facility shall remain upon or return to the Community Services facility property during the period covered by the order.

B. The directive excluding a person from a Community Services facility for a period no longer than 72 hours may be in verbal form and reported to the Director. Directives exceeding 72 hours shall be in writing, signed by the Director of Community Services or designee, and shall not exceed 180 days. Directives may be appealed to the City Manager or designee. Appeal may only be commenced by a written request for a hearing filed in the office of the City Manager during the period that the person is excluded from the Community Services facility. The appeal shall be conducted promptly. Formal rules of evidence shall not apply. The hearing officer shall issue the decision in writing. The decision of the hearing officer shall be final. (Ord. 769 § 4, 2014)

9.48.320 Skate parks.

It is unlawful and punishable as set forth in PMC 1.08.010 for any person:

A. To ride a skateboard or other wheeled recreational device within the fenced area surrounding the skate facility in a skate park owned or operated by the City, whether supervised or not, unless that person is wearing a helmet, elbow pads and kneepads which are in serviceable condition and properly fastened in accordance with the manufacturer’s recommendations for such equipment;

B. To operate motorized equipment in the facility;

C. To perform stunt, trick or luge maneuvers in or around the skate park, or in the skate park parking lot;

D. To consume any food, beverage, alcoholic beverage or drugs in or upon the skate park;

E. To use tobacco products within the skate park;

F. To possess glass within the skate park;

G. To use the skate park under wet conditions;

H. To possess or use unauthorized ramps, jumps or obstacles in the skate park;

I. To fail to wear the protective equipment required by this section and to remain at the skate park after having been directed to leave by City of Poway staff or any peace officer for that reason;

J. To enter or to return to the skate park for the purpose of using the skate park unless said person is wearing the protective equipment required by this section;

K. To use the skate park when under the age of 12 unless accompanied by a parent or guardian;

L. For a parent, guardian or other adult person having custody of a minor under the age of 18 years to allow such minor to use the skate park unless said minor is wearing the protective equipment required by this section.

City of Poway staff, Sheriff’s Department personnel and similarly authorized individuals are exempted from the provisions of this section when their presence is in conjunction with the performance of their duties.

The City shall erect and maintain regulatory signs at all skate parks owned and/or operated by the City. Such signs shall give notice that any person riding a skateboard or other wheeled recreational device in the facility must wear a helmet, elbow pads, and kneepads, and that any person failing to do so will be subject to citation under this section. In addition, said sign will give notice that a violator’s skateboard or other wheeled recreational device may be impounded subject to an impound fee in an amount that shall be established by City Council resolution from time to time.

Any peace officer, public safety volunteer, or park ranger shall have the authority to seize and confiscate any property, thing or device which is located in the skate park and which is used in violation of this section. The property may be impounded and seized as evidence of the violation. If property is impounded, an impound fee in an amount that shall be established by City Council resolution from time to time will be charged. (Ord. 782 § 3, 2015)

9.48.330 Unauthorized vehicles.

Operation of an unauthorized automobile, truck, trailer, or vehicle of any description other than upon designated open and paved roads or in other than designated parking areas is prohibited. (Ord. 630 § 2, 2005)