Chapter 12.20
PARKS, PLAYGROUNDS AND RECREATIONAL AREAS*
Sections:
12.20.020 Restriction of use and activities.
12.20.030 Violation prohibited.
12.20.040 Leaving children unattended prohibited.
12.20.050 Presence in parks at certain hours unlawful.
* Prior history: Prior code §§ 18.26-1 and 18.26-2 as amended by Ords. 313, 502, 740 and 02-001.
12.20.010 Applicability.
This chapter applies to all parks, playgrounds, recreational areas, community centers or playlots owned or controlled by the city or local successor agency of the city of San Pablo. This chapter shall also apply to any other park, playground, playlot located in the city but owned by another public entity, provided that such entity has requested city assistance in regulating use of such area. (Ord. 2014-009 § 1 (part), 2014: Ord. 06-008 § 1 (part), 2006)
12.20.020 Restriction of use and activities.
Whenever the city manager finds and determines that the welfare of children or other citizens in the city will be best served by restricting the use of any portion of or whole park, playground, community center, recreational area or playlot subject to this chapter, or playground equipment or other apparatus thereon, the city manager shall cause to be posted signs regulating such use, including but not limited to control or preclusion of activities which in his or her judgment are of a hazardous nature, or of a nature which would endanger property, or which are not in the best interest of the citizens of the city; control of hours of use; or such other restrictions or regulations which in his or her judgment are reasonably required to protect the public health, safety or welfare. (Ord. 2014-009 § 1 (part), 2014: Ord. 06-008 § 1 (part), 2006)
12.20.030 Violation prohibited.
It is unlawful for any person to violate the provisions of this chapter, or the regulations for use of any park, playground, community center, recreational area, or playlot subject to this chapter, caused to be posted by order of the city manager. (Ord. 2014-009 § 1 (part), 2014: Ord. 06-008 § 1 (part), 2006)
12.20.040 Leaving children unattended prohibited.
It is unlawful for any person, parent or guardian having the right of control over any children to leave any such child under five years of age unattended in any park, playground, community center or playlot owned or controlled by the city. (Ord. 2014-009 § 1 (part), 2014: Ord. 06-008 § 1 (part), 2006)
12.20.050 Presence in parks at certain hours unlawful.
A. It is unlawful for any person to be in any park, playground, community center or playlot owned or controlled by the city between dusk and dawn, unless otherwise posted by the city manager.
B. This section does not apply to city employees acting in the course of their duties; and persons who are present when such park, playground or playlot is being utilized by an activity approved or supervised by the city. (Ord. 2014-009 § 1 (part), 2014: Ord. 06-008 § 1 (part), 2006)
12.20.060 Skateboarding.
A. Where signs are posted allowing skateboard use, any person riding a skateboard at such park, playground, community center or playlot shall wear a helmet, elbow pads, and knee pads.
B. The city shall post signs at the facility affording reasonable notice that any person riding a skateboard in the 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. The city manager may cause to be posted any other regulations regarding the use of skateboards at such facilities.
C. Pursuant to Health and Welfare Code Section 115800, the city shall maintain a record of all known or reported injuries incurred by a skateboarder in a public skateboard park or facility. The city shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Copies of the records of claims and lawsuits shall be filed annually, no later than January 30th each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. (Ord. 2014-009 § 1 (part), 2014)
12.20.070 Penalty.
The violation of any provision of this chapter shall constitute a misdemeanor, unless the city attorney authorizes issuance of an infraction citation or files a complaint charging the offense as an infraction; or the court, upon the prosecutorial recommendation of the city attorney, determines the offense to be an infraction. However, any person operating a skateboard in violation of this chapter is guilty of an infraction, and not a misdemeanor.
Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.
Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. (Ord. 2014-009 § 1 (part), 2014: Ord. 06-008 § 1 (part), 2006. Formerly 12.20.060)