Chapter 14.02
DEFINITIONS
Sections:
14.02.010 Definitions.
As used in this title, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended.
“Alcoholic beverages” means alcohol, spirits, liquor, wine, beer and every liquid containing one-half of one percent (0.5%) or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed or combined with all other substances.
“Camp” or “camping” means the use of parks or public places for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding or other camp paraphernalia for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping, or doing any digging or earth breaking, or carrying on cooking activities. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person, in conducting these activities, is in fact using the area as a living accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged.
“Camp paraphernalia” includes, but is not limited to, tents, huts, pillows, blankets, sheets, tarps, cots, beds, sleeping bags, hammocks, cardboard boxes, personal cooking facilities, or other similar equipment or materials that are used to create temporary shelters and accommodations.
“City Manager” means the City Manager or designee.
“Commercial use or enterprise” shall mean any use of a park, public place, or facility amenity for or in connection with any money making venture, whether or not such venture is profitable, including the selling, offering for sale, or peddling of any goods, wares, merchandise, services, liquids, or edibles for human or animal consumption, and/or sales activities that utilize park property or facilities to complete the terms of sale or provide a service as a result of the sale or that affect park operations, facility use or visitor safety, such as fitness clubs, exercise groups, sports camps, and individual sports lessons; provided, however, that fund-raising activities conducted by a nonprofit organization, recognized as such by the State of California, shall not be deemed to be commercial use.
“Dog park” shall mean an enclosed area officially identified by signage and designated by the City where dogs are permitted to be off leash.
“Dwelling” or “living quarters” means any vehicle or temporary shelter used as a person’s place of residence or occupancy in place of a traditional building structure.
“Enforcement Officer” means any sworn peace officer, City Code Enforcement Officer, or City employee or agent with the authority to enforce any provision of this code.
“Facility amenities” include, but are not limited to, playground and exercise equipment, park or public place benches, picnic tables, public art, public buildings, swimming pools, walls, fences, gates, trees, monuments, signs, buildings, roofs, playing surfaces, railings, backstops, parking lots, trails, or tables in a park or public place, or upon any park property.
“Hazardous material” means any material that is a risk to public health and safety or the environment, and includes, but is not limited to, the following items:
1. Animal and vegetable products resulting from the handling, preparation, cooking, and serving of foods;
2. Human and animal biological waste, including fecal waste and urine;
3. Dead animals;
4. Hypodermic needles; and
5. Motor oil, gasoline, or other petroleum products.
“Hazardous zone” means any region, place, perimeter, that constitutes a threat to public safety, the general welfare of the community, a threat to an individual or group of individuals, of which include, but are not limited to, oil spills, toxic waste spills, sanitation spills, areas with an abundance of organic waste, areas with improperly diverted human waste, very high fire hazard severity zones (VHFHSZ), and loading docks.
“Motor vehicles” means any multi-wheeled, treaded or sled-type vehicle that is propelled by a motor engine, including any vehicle commonly known as a “motorized recreation vehicle.”
“Narcotics and dangerous drugs” means those narcotics and drugs listed or defined in the Health and Safety Code of the State of California as now or hereafter amended.
“Obstruct pedestrian or vehicular traffic” means to walk, stand, place an object, sit, or lie in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.
“Open space area” means an improved, unimproved or natural land, owned, used, or maintained by the City, where development activity is limited in an effort to preserve natural areas and protect sensitive habitat, and not designated an active park by the City. “Open space area” also includes the Santa Clara River.
“Park(s)” means and includes every park, park water, plaza, skate park, golf course, riding and hiking trail, open space area, swimming pool, court, field, greenbelt, greenway, facility amenity or other recreational facility, together with any accompanying parking lot or staging area, to which the public has a right of access and use for park or recreation purposes and which is owned, managed or controlled by the City and under the jurisdiction of the City Manager.
“Park or public place waters” means any stream, river, brook, pond, lake, or fountain located within any park, public place or open space area.
“Personal effects” means personal property consisting of the following items:
1. Medication, eye glasses, or other medical devices;
2. Sleeping bag or bed roll which is sanitary and nonverminous or unsoiled;
3. Tents in usable and reasonably good condition; and
4. Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous.
“Public place(s)” means any public property, improved or unimproved, including but not limited to parks, outdoor recreation areas, public buildings, libraries, and facilities owned or leased by the City, public parking lots, garages or structures owned or leased by the City, private parking lots open to the general public, publicly owned drainage culverts and basins, and publicly maintained landscaped areas. “Public place(s)” also includes any public right-of-way, or area of public property and private property open to the public, and includes, but is not limited to, public streets, highways, sidewalks, bridges, alleyways, driveways, trails, paseos, pathways, walkways, benches, staircases, or passageways that are open to vehicular, bicycle, or pedestrian traffic, and other outdoor places or areas generally accessible to the public.
“Riding or hiking trails” shall mean any path, trail, firebreak road, or fire protection road located within a park, public place, or open space area and designated by the City Manager for public use.
“Store” or “storage” means to put aside or accumulate for later use or safekeeping, to place or leave in a location.
“Very high fire hazard severity zone (VHFHSZ)” means a location outlined by the California Office of the State Fire Marshal as being abundantly comprised of fuel, slope, and fire hazard. (Ord. 90-12, 5/29/90; Ord. 05-1 § 2, 1/25/05; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18; Ord. 22-6 § 2 (Exh. B), 5/10/22)