Chapter 13.08
BEACHES AND PARKS
Sections:
13.08.010 Ball games on beaches.
13.08.040 Vehicles restricted on beaches and in parks.
13.08.060 Bathing or swimming.
13.08.090 Disorderly conduct on park property.
13.08.100 Order to vacate any property maintained by the parks and recreation department.
13.08.110 School safety enhancement zones.
13.08.010 BALL GAMES ON BEACHES.
(a) No person shall play, practice, or engage in any game where a ball is thrown from one person to another, or to possess or have under his control any baseball of any kind on any beach in the city to which the public is admitted, except as provided in this section.
(b) The director of parks and recreation may establish rules and regulations setting forth the time, place, and types of ball games which maybe permitted on any beach in the city to which the public is admitted.
(c) The director of parks and recreation may, by special permit, authorize special events in which persons are permitted to play, practice, or engage in any game where a ball is thrown from one person to another, at times, locations, and for games not otherwise authorized by rules or regulations adopted by the director.
(Ord. 84-25 § 1, 1984: prior code § 4271).
13.08.020 LITTERING.
No person shall deposit, throw, discharge or otherwise place any paper, ashes, dirt, bottles, broken glass, cans, trash, litter, animal carcass, rubbish, debris or any substance, matter or thing, either liquid or solid, in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or beach or in or on the grounds of said park or beach except in the proper receptacles where these are provided; nor shall any person bring any such substance, except litter accumulated outside of a park or beach, into a city park or beach for the purpose of disposal thereof in city park or beach facilities. Where receptacles are not provided, or are full and unable to accommodate any additional material, all such rubbish or waste shall be placed in closed plastic bags next to the trash can, or carried from the park or beach by the person responsible for its presence and properly disposed of elsewhere.
(Ord. 2016-10 § 1, 2016).
13.08.025 GLASS CONTAINERS.
No persons shall take, transport, carry, use or have in their possession any container or similar object made entirely or partially of glass, on or upon, the beaches regulated by the city of Santa Cruz.
(Ord. 84-24 § 1, 1984).
13.08.030 PUBLIC PARKS.
It is unlawful for any person to possess or consume any alcoholic beverage in or on any public park, except in strict compliance with rules and regulations pertaining thereto, and except at the following locations:
(a) At those locations specified and described in rules and regulations governing alcoholic beverages in public parks adopted by the director of parks and recreation, and approved by the city manager; and
(b) At those locations specified and described in written permits issued by the director of parks and recreation and approved by the city manager, for occasional special events. A copy of any such rules and regulations and any such permits issued by the director of parks and recreation shall be maintained on file in the office of the director of parks and recreation, and a copy immediately delivered to the city clerk, city manager and police department.
(Ord. 70-3 § 2, 1970).
13.08.040 VEHICLES RESTRICTED ON BEACHES AND IN PARKS.
(a) No person shall operate a motor vehicle on any public beach or in any public park or recreation area except on the paved streets and roads and designated parking areas therein; provided however, that the provisions hereof shall not apply to maintenance or emergency vehicles used in the performance of a public function by a public officer, or by a person otherwise authorized to operate the maintenance or emergency vehicle thereof.
(b) Notwithstanding subsection (a), any person with a contractual right to operate a motor vehicle on a public beach or in a public park, or who has a permit to do so, may operate a motor vehicle on a public beach or in a public park to the extent authorized by said contract or permit.
(Ord. 2013-04 § 1, 2013: Ord. 85-72 § 5, 1986).
13.08.050 FIRES PROHIBITED.
No person shall set or maintain any fires in any park except in barbecue grills or stoves provided therefor by the city. No person shall set or maintain any fires on any beach except in clean burning propane or butane barbecue grills or stoves with stable legs that can be raised at least six inches off the sand with gas cylinder not to exceed twenty pounds or with a special permit issued by the director of parks and recreation.
(Ord. 2017-07 § 1, 2017: Ord. 85-72 § 6, 1986).
13.08.060 BATHING OR SWIMMING.
It is unlawful to bathe or swim in any city park except where and when designated by the city.
(Ord. 85-73 § 1, 1986).
13.08.070 BOATING.
It is unlawful to launch, moor, navigate or use any boat or craft of any kind in or upon any body of water in any city park except where and when designated by the city. This section does not apply to any person acting under authority of the city.
(Ord. 85-73 § 1, 1986).
13.08.080 FISHING.
No person over the age of sixteen years shall fish in or upon any body of water in any city park except where and when designated by the city.
(Ord. 85-73 § 1, 1986).
13.08.090 DISORDERLY CONDUCT ON PARK PROPERTY.
(a) Any person who willfully harasses or interferes with a city of Santa Cruz employee in the performance of his or her duties in a city park or beach shall be guilty of a misdemeanor.
(b) Any person who, by his or her conduct, or by threatening or abusive or profane language, willfully molests or unreasonably interferes with the use of a city park or beach by any other person shall be guilty of a misdemeanor.
(Ord. 2013-08 § 1, 2013).
13.08.100 ORDER TO VACATE ANY PROPERTY MAINTAINED BY THE PARKS AND RECREATION DEPARTMENT.
(a) Any person who receives a citation or is arrested on city park or beach property or any property maintained by the parks and recreation department for a violation of the Santa Cruz Municipal Code or state law may be ordered by the citing/arresting city officer at the time of the citation/arrest to vacate that park or beach property and not to re-enter said property again for the period of time specified below. Any such order shall apply to both the park or beach property at which the citation/arrest occurs and to any other park or beach property at which such an order was issued within the previous year. Any person who violates such an order from a city officer shall be guilty of a misdemeanor.
(1) First offense: twenty-four hours from the time of the citing/arresting officer’s order.
(2) Second offense within one week of the first offense: one week from the date of the citing/arresting officer’s order in response to the second offense.
(3) Third offense within thirty days of the second offense: thirty days from the date of the citing/arresting officer’s order in response to the third offense.
(4) Fourth offense within six months of the third offense: six months from the date of the citing/arresting officer’s order in response to the fourth offense.
(5) Fifth offense within one year of the fourth offense: one year from the date of the citing/arresting officer’s order in response to the fifth offense.
(b) Any person who receives an order to vacate pursuant to this section and who desires to appeal that order shall, within ten days of the order, file a written notice of appeal with the city manager. The city manager or the city manager’s designee shall hear the appeal within two business days from the date the written appeal is received by the city manager’s office. The appeal shall list the appellant’s contact information including a phone number, if any.
The appellant shall be notified of the date, time and location of the appeal hearing and may personally appear, may be represented by counsel, may call witnesses and may hear and examine the city officer who issued the order. Alternatively, the appellant may set forth the basis for the appeal and the arguments in support of the appeal in the written appeal notice and waive the appeal hearing. The appeal hearing shall not be governed by the rules of evidence.
If the city manager or city manager’s designee determines by a preponderance of the evidence that the appellant did not engage in the conduct for which the order to vacate was issued, the order to vacate shall be immediately withdrawn and of no further force or effect.
The city manager or city manager’s designee shall issue a decision on the appeal no later than twenty-four hours after the appeal hearing has been completed or the appeal notice waiving the hearing has been submitted. The decision of the city manager or city manager’s designee shall be final.
(Ord. 2015-01 § 1, 2015: Ord. 2013-08 § 2, 2013).
13.08.110 SCHOOL SAFETY ENHANCEMENT ZONES.
Any city park or open space and its adjacent sidewalk and street that are within three hundred feet of a public or private pre-school, elementary school, middle school, junior high school or high school is hereby designated “school safety enhancement zones,” in which any person who receives a citation or is arrested for a violation of the Santa Cruz Municipal Code or state law may be ordered by the citing/arresting officer at the time of the citation/arrest to vacate that park or beach property and not to re-enter said property three times the amount specified by Section 13.08.100. Any person who violates such an order from a city officer shall be guilty of a misdemeanor.
(Ord. 2017-15 § 1, 2017).