Chapter 12.12 REGULATION OF PARK FACILITIES

D. “Park facility” means any body of water, park, athletic field, tennis court, picnic site, skateboard facility, dog exercise area, open space land, land, campsite, recreation area, open space park facility, building, structure, system, equipment, machinery or other appurtenance managed, controlled or operated by the Department, and includes any public parking lot facility adjacent thereto.

E. “Open space park facility” means any parcel or area of land managed, controlled or operated by the City that is essentially unimproved or in its natural state with minimal or no above ground improvements provided by the City, other than trails and trail heads.

F. “Spectator areas” means those areas such as bleachers, sidelines and other areas adjacent to athletic fields where persons watching events congregate. (Ord. 1332 § 2 (part), 2004)

12.12.020 Applicability.

The provisions of this chapter apply to all park facilities under the jurisdiction of the Department. (Ord. 1332 § 2 (part), 2004)

12.12.030 Rules and regulations—Established.

The Director is authorized to prepare, formulate and promulgate rules and regulations governing the operation, programming, use and maintenance of each park facility. These rules shall be reviewed by the Parks and Recreation Commission prior to implementation. (Ord. 1332 § 2 (part), 2004)

12.12.040 Rules and regulations—Posting.

The Director shall cause the rules and regulations established under Section 12.12.030 to be posted at appropriate places in and about all the park facilities. (Ord. 1332 § 2 (part), 2004)

12.12.050 Hours for use—Parks.

All park facilities shall be closed to the public between the hours of ten p.m. and six a.m., except for open space park facilities, which shall be closed from thirty minutes after sundown to thirty minutes prior to sun rise. This section shall not apply to buildings located in park facilities where the hours of use shall be regulated by the Director. (Ord. 1332 § 2 (part), 2004)

12.12.060 Hours for use—Applicability.

No persons shall enter, use, cross or remain in a park facility, or the parking lot facility adjacent thereto, except during the hours that the park facility and parking lot facility is open to the public as provided in this chapter. When an activity concludes at or near ten p.m., participants and/or spectators shall be allowed until ten-thirty to depart from the park facility. (Ord. 1332 § 2 (part), 2004)

12.12.070 Closure of facilities—Authority.

The Director shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when the park facility is closed for maintenance or when the Director determines that conditions exist in said park facility or portion thereof which present a hazard to the park facility or to public safety. (Ord. 1332 § 2 (part), 2004)

12.12.080 Permit application.

Whenever a permit is required by provision in this chapter, an application shall be filed with the Director providing information requested by the Department. (Ord. 1332 § 2 (part), 2004)

12.12.090 Action on permit application.

The Director shall issue a permit hereunder when he or she finds that:

A. The proposed activity or use of the park facility will not unreasonably interfere with or detract from the general public enjoyment of the park facility.

B. A park facility with the required occupancy load capacity is available, and staffing as required is available.

C. All conditions, including, where applicable, the payment of fees, and insurance coverage and/or requirements are met.

D. Proposed activities meet criteria specified for the park facility use guidelines for the park facility requested.

E. The proposed activity will not negatively impact habitat, wildlife, or vegetation in the park facility.

F. Residency requirements, if applicable, have been satisfied. (Ord. 1332 § 2 (part), 2004)

12.12.100 Permit—Exhibition.

Any person or entity issued a permit shall exhibit/display said permit during the permitted activity and shall produce a copy on the request of any Department employee or any peace officer who desires to inspect the permit for the purpose of enforcing compliance with any regulations of this chapter, the Municipal Code or any State law. (Ord. 1332 § 2 (part), 2004)

12.12.110 Regulation of inflatable jumping devices.

Enclosed inflatable/air-blown jumping devices are prohibited in all park facilities. Open inflatable/air-blown jumping devices and other special amusement attractions may be allowed on park facilities only by a special event permit. No stakes, ropes, poles or other securing devices are to be attached to any bushes, trees or other vegetation or driven into turf, except as noted by permit. (Ord. 1332 § 2 (part), 2004)

12.12.120 Portable barbecues.

Portable barbecues pose a safety risk and are not allowed in the park facilities. Industrial barbecues and those serviced by a licensed caterer shall be allowed only by permit. (Ord. 1332 § 2 (part), 2004)

12.12.130 Unlawful activities in park facilities.

No person, group or organization, except where authorized by the Director, using any park facility, including the immediately adjacent sidewalks and streets, shall:

A. Obstruct or impede authorized City personnel from performing their duties.

B. Possess or exhibit an open container of any alcoholic or intoxicating beverage, or consume or drink its contents, except as authorized by the Director. Proof of insurance may be required by the Director, depending on the type of event. Alcoholic beverage sales require an Alcoholic Beverage Control license in addition to the Department’s alcoholic beverages permit.

C. Ride a bicycle, skateboard, skates, scooter or other personal transportation device on park facilities, including, but not limited to, pedestrian pathways or sidewalks, in an unsafe manner or physically destructive manner, or at any time upon turf areas, athletic fields, planted areas, or within buildings.

D. Willfully mark, cut, deface, write upon, disfigure, injure, open, expose, interfere or tamper with, or displace or remove any turf, soil, sand, grass, rock, tree, shrub wood, water pipe, gas pipe, hydrant, stopcock, sewer, basin, bench, table, furniture, utensil, monument, fence, equipment, paving, heavy material, utility line, sign, notice or placard, apparatus or any portion of any structure or equipment of any park facility, without the express permission of the Director.

E. Enter any area which is posted as being closed to the public to protect growth or establish plants or turf, is used as a service facility, or which is under repair or maintenance.

F. With the exception of police officers, no person in any park facility shall take or cause to be taken into that facility or area, exhibit, or use any firecracker, torpedo, rocket, missile or weapon of any sort, including the use of any dangerous instrumentality in any manner which approximates a weapon; except as part of an authorized parks and recreation program.

G. Start a fire for any purpose, except in places provided for such purposes.

H. The playing of dangerous games and/or activities involving propelled or thrown objects such as stones, golf balls, shot puts, arrows or javelins are prohibited except when a permit is issued by the Director in areas compatible for such use.

I. Operate any sound amplification device.

J. Bring glass bottles or containers, or light a fire in any open space park facility.

K. Operate, load or unload a vehicle in a park facility, outside of areas designated for vehicular parking. (Ord. 1332 § 2 (part), 2004)

12.12.140 Picnic site usage.

A. Picnic tables at designated park facilities may be reserved in advance only by San Carlos residents or businesses located in San Carlos.

B. To reserve on behalf of a San Carlos business, the authorized representative of the business shall provide a signed letter of authorization granting the representative the right to act as an agent for the business.

C. The permit must be issued to an adult who will be present at the site at all times during the activity. The person or organization to whom the permit is issued assumes all responsibility for use of the facility. Permits cannot be transferred, assigned or sublet.

D. Each individual in the group must obey all applicable City of San Carlos, State and Federal rules, ordinances, laws and regulations. Failure to do so may result in the permit being cancelled, the offending individuals or entire group being asked to leave the facility and/or be subject to legal action.

E. Only beer and wine may be permitted at picnics in conjunction with a meal, and with authorized approval noted on the picnic permit.

F. Proof of insurance may be required by the Director, depending on the type of event. Alcoholic beverage sales require an Alcoholic Beverage Control license in addition to the Department’s alcoholic beverages permit. (Ord. 1332 § 2 (part), 2004)

12.12.150 Tennis court usage.

Any person, group of persons, or entity using a City tennis court shall do so according to the following rules:

A. By way of example and without limitation, no person shall engage in activities other than tennis on City-owned tennis courts, unless expressly permitted to do so in writing by the Director.

B. No person shall provide or offer tennis lessons for remuneration or fee on City-owned tennis courts except as part of a City-sponsored program.

C. No individual person may occupy a court by him or herself alone if two or more persons are waiting to play tennis. (Ord. 1332 § 2 (part), 2004)

12.12.160 Athletic field use.

Any person, group of persons, or entity, using a City athletic field shall do so according to the following rules:

A. Exclusive use of an athletic field is by permit only.

B. The general public has priority for use during nonpermitted times.

C. Staff may direct individual groups to abide by specific field use and/or maintenance practices, which will be indicated on field use permits.

D. Organized teams or groups of persons are required to cancel games or practices or other athletic field use in weather deemed inclement by the Director, or the athletic field is deemed by the Director to be in an unplayable condition. (Ord. 1332 § 2 (part), 2004)

12.12.170 Skateboard facility.

A. The Director shall establish rules and regulations for the use of any City skateboard facility in order that all persons may enjoy and make use of it in a manner consistent with preservation of the area for its intended use and respect for the rights of the general public. Each person skateboarding in the skateboard facility must wear a helmet, elbow pads and knee pads.

B. Signage shall be posted affording notice that any person riding a skateboard in the skateboard facility must wear a helmet, elbow pads and knee pads, and that any person failing to do so will be subject to citation under this chapter, and/or suspension of permission to use the skateboard facility.

C. Signage shall be posted indicating persons skateboarding do so at their own risk and that the City shall not be liable for injuries or accidents. (Ord. 1332 § 2 (part), 2004)

12.12.180 Swimming.

No person shall swim, bathe or wade in any streams, creeks, ponds or waterways within any park facility. No domestic animals are allowed in any waterways within any park facility. (Ord. 1332 § 2 (part), 2004)

12.12.190 Motorcycles, scooters, bicycles, unicycles, skateboards, roller skates, roller blades and other coasting devices.

No person shall leave a motorcycle, motorized scooter or vehicle, bicycle, unicycle, skateboard, roller blades, roller skates, or other coasting devices in any place or position in a park facility where other persons may trip over or be injured by it. In open space parks, motorcycles, motorized scooters or vehicles, bicycles, unicycles, skateboards, roller blades, roller skates, or other coasting devices are prohibited from using trails. (Ord. 1332 § 2 (part), 2004)

12.12.200 Fees for use.

The City Council shall establish fees by resolution for use of City park facilities. (Ord. 1332 § 2 (part), 2004)

12.12.210 Commercial activities and solicitation.

A. Except as otherwise provided in this chapter or as allowed under Chapter 5.43 (Sidewalk Vendors), no person or entity shall engage in commercial activities, including advertising or solicitation for commercial purposes, in park facilities within the City.

B. Commercial activities associated with and supportive of City programs or City-sponsored activities for which a permit or written permission has been issued by the Director shall be permitted in park facilities. (Ord. 1545 § 7, 2019; Ord. 1332 § 2 (part), 2004)

12.12.220 Restrooms.

Male persons shall not enter any restroom or washroom set apart for females, and female persons shall not enter any restroom or washroom set apart for males in park facilities; except, this shall not apply to persons with special needs or children under the age of six years old who are accompanied by a person who is of the sex designated for that facility and who has reason to be responsible for such person. Director may authorize additional exceptions to better serve the public. Authorized City personnel are exempt from this restriction in performance of their duties. (Ord. 1332 § 2 (part), 2004)

12.12.230 Unauthorized use of keys or locks.

No person other than one acting under the authority of the Director shall duplicate or cause to be duplicated a key used by the Department for a padlock or doorlock of any type or description, nor shall any person divulge the combination of any lock so equipped to any unauthorized person. No person, other than one acting under the authority of the Director, shall use a key to access any park facilities. The Director may issue keys to persons or entities to use the keys for permitted activity only and return issued keys to the City upon completion of the activity. (Ord. 1332 § 2 (part), 2004)

12.12.240 Water pollution.

While within the boundaries of any park facility, no person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, creek, or other body of water, or drain flowing into such waters any substance, matter or thing, liquid or solid, including, but without limitation to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, plant material, food matter, fiber and plastics. (Ord. 1332 § 2 (part), 2004)

12.12.250 Littering.

Within the boundaries of any park facility, all litter and other refuse must be deposited into designated refuse containers. Depositing refuse or other waste on or into fire rings, barbecues or other devices used to contain fires or for cooking is prohibited. (Ord. 1332 § 2 (part), 2004)

12.12.255 Recycling.

It is the intent of the City of San Carlos to encourage recycling to protect our environment. All citizens are encouraged, at all times, to use recycling containers whenever present. The City will continue to develop recycling opportunities. (Ord. 1332 § 2 (part), 2004)

12.12.260 Smoking.

Smoking, as defined by Chapter 8.06, is prohibited in any park or facility owned or controlled by the City and in City-owned open space areas, including, but not limited to, baseball, football, soccer or other sports fields or stadiums, dog parks, plazas, trails, playgrounds, easements, pathways, music venues, grass or turf fields and play areas, water features, and driveways or ramps located in or on such areas.

The City Manager or his or her designee may, but is not required to, provide limited locations designated as “outdoor smoking areas,” which are posted with signs so designating such areas. (Ord. 1495 § 1, 2015: Ord. 1332 § 2 (part), 2004)

12.12.270 Animals in park facilities.

No person other than a peace officer, City personnel or animal control officer in the discharge of their duties shall:

A. Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal within the boundaries of any park facility, nor remove nor have in their possession the young, eggs or nest of any wild or nondomesticated creature.

B. Abandon any animal, dead or alive, within any park facility.

C. Remove any animal not his/her own from within any park facility.

D. Bring into or maintain in or upon any park facility any dog, cat or other animal unless such animal at all times is kept on a leash and under full control of its owner or custodian; provided, however, the Director may designate areas and times within which persons may exercise, show, demonstrate or train unleashed animals under full control of their owners or custodians.

E. Permit cattle, sheep, goats, pigs, or other animals owned by him/her or in his/her possession to graze within the boundaries of any park facility without express written approval of the Director.

F. Ride or lead a horse, pony, mule, burro or other animal onto or over real property within any park facility, other than at times and upon roads or trails designated for riding of animals, except with written approval of the Director. (Ord. 1332 § 2 (part), 2004)

12.12.280 Dog exercise area.

A. Dogs may be allowed off leash in designated dog exercise areas. No person, with or without a dog, shall be in a dog exercise area one-half hour before sunrise nor any later than one-half hour after sunset. City employees performing their assigned duties are exempt from this restriction.

B. No dog is to be left unattended in any dog exercise area.

C. A muzzle shall be securely attached to all aggressive dogs in any dog exercise area.

D. Any person with a dog in the dog exercise area shall properly dispose of that dog’s fecal matter by placing it in the provided receptacles.

E. All dogs shall be placed on a leash and under full control of its owner upon leaving any dog exercise area. (Ord. 1332 § 2 (part), 2004)

12.12.290 Unauthorized construction activities.

No person shall deposit any earth, sand, rock, stone or other substance within any park facility, nor dig or remove any such material from within any park facility, nor erect or attempt to erect any building, nor in any manner appropriate or encumber any portion of a park facility without a permit from the Director. No temporary fencing may be installed in a park facility without a permit from the Director. (Ord. 1332 § 2 (part), 2004)

12.12.300 Advertising events conducted in parks.

No person, group of persons or entity shall publish or cause to be published any advertisement, community announcement or press release for any event, activity or public gathering, whether public or private, planned to occur within any park facility without the prior express written authorization of the Director. (Ord. 1332 § 2 (part), 2004)

12.12.310 Violation—Penalty or provision.

A. Violation of any regulation contained in this chapter is a misdemeanor, and may be reduced to an infraction at the discretion of the Chief of Police or designee, or the City Attorney.

B. The Director shall have authority to revoke a park facility permit upon a finding of violation of any regulation contained in this chapter.

C. The Director shall have the authority to eject from any park facility any person acting in violation of regulations contained in this chapter. (Ord. 1332 § 2 (part), 2004)