Chapter 9.08
PARKS AND RECREATION AREAS
Sections:
9.08.030 Recreational buildings.
9.08.050 Rules and regulations.
9.08.060 Prohibitions generally.
9.08.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
“Caretaker” means the person or persons who are responsible for the care and maintenance of the city park areas or facilities.
“Director” means the director of recreation services.
“In-line skates/roller blades” means a form of skate with nonmetallic skate wheels mounted to the bottom of each boot or shoe, one in front of the other, running down the center of the boot or shoe.
“Other wheeled recreational device” means nonmotorized bicycles, scooters, in-line skates, roller skates, or wheelchairs.
“Park area” or “facility” means any public park, playground, recreational area, recreational facility or building, swimming pool, greenbelt, landscaped area around a public building, or other area in the city owned or used by the city and devoted to active or passive recreation.
“Person” or “applicant” means any person, firm, partnership, association, corporation, company, league or organization of any kind who desires to use or uses any city park area or facility.
“Roller skates” means a form of skate with four nonmetallic wheels affixed to the bottom of each boot or shoe with a wheel situated at the outer four corners of each boot or shoe.
“Scooter” means a vehicle that typically has one front and one rear wheel with a low footboard between, is steered by a handlebar, and is propelled by pushing one foot against the ground while resting the other on the footboard.
“Skate park” and “park” mean the cement surface that is designed and used for skating. The park area includes the bowl.
“Skate park facility” means the skate park together with the adjacent public parking, picnic and seating areas, if any.
“Skate park user” means a user of any wheeled recreational device allowed by SMC 9.08.040.
“Skateboard” means a wheeled device for riding upon with an oblong rigid material mounted on nonmetallic skate wheels and propelled by human power.
“Vehicle” means any wheeled conveyance, whether motor-powered, animal-drawn or self-propelled. “Vehicle” includes any trailer of any size, kind or description. An exception is made for vehicles in the services of the city. (Ord. 1065 § 2, 2019; Ord. 695 § 1, 1986)
9.08.020 Jurisdiction.
All park areas and facilities shall be under the administrative jurisdiction of the department of recreation services. (Ord. 1065 § 3, 2019; Ord. 695 § 1, 1986)
9.08.030 Recreational buildings.
Recreational buildings shall be used primarily for programs operated or sponsored by the city. The director may issue permits for group use of such buildings provided the use, number of persons and hours of use do not conflict or interfere with the primary use. (Ord. 695 § 1, 1986)
9.08.040 Permits.
A permit shall be obtained from the director for the exclusive use of any park area, facility, or portion thereof. The director may impose reasonable conditions to granting such permits.
A. Application. A person seeking issuance of a permit shall file an application with the director on a department form, not less than thirty days nor more than ninety days prior to the proposed use. The director may waive the thirty-day period if the applicant waives all appeal rights.
B. Standards for Issuance. The director shall issue a permit when it is found that:
1. The proposed activity or use will not unreasonably interfere with or detract from the general public enjoyment of the park area or facility;
2. The proposed activity or use will not interfere with or detract from the promotion of the public health, welfare, safety, and recreation;
3. The proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct;
4. The proposed activity or use will not entail unusual, extraordinary, or burdensome expense or police operation by the city;
5. The facilities desired have not been reserved for other use on the day and hours required in the application;
6. The applicant agrees to provide a reasonable means of informing all the persons participating in the proposed activity or use of the terms and conditions of such permit;
7. The applicant is able to and agrees to provide insurance, if required, naming the city as additional insured, in an amount established by the director;
8. The proposed use is consistent with the city policies, rules, regulations and/or ordinances concerning the use of the requested park area or facility.
C. Issuance or Denial. Within ten working days after the receipt of an application, the director shall issue the permit or apprise an applicant in writing of the reasons for refusing a permit.
D. Appeal. An applicant shall have the right to appeal in writing any condition attached to a permit, or the denial of a permit, within five working days after receipt of the determination of the director. The applicant shall appeal to the parks and recreation commission under the standards set forth in subsection B of this section, and thereafter may appeal any adverse decision to the city council.
E. Effects of Permits. A permittee shall be bound by all park rules and regulations and all applicable laws fully as though the same were inserted in such permits.
F. Liability of Permittees. The person or persons to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person whatsoever by reason of the negligence of the person or persons to whom such permit shall have been issued.
G. Revocation. The director shall have the authority to revoke a permit upon a finding of violation of any rule or law or upon good cause shown.
H. Fees and Deposits. Any fees or deposits required for the use of city personnel, equipment, park areas or facilities shall be submitted with the application for permit. Required fees shall be paid in full by the applicant within thirty days prior to the proposed use or as otherwise specified in the permit. If the fees are not paid within the time allowed for payment, the permit shall be null and void. (Ord. 695 § 1, 1986)
9.08.045 Skateboarding areas.
A. Rules and Regulations. Skate park users in violation of the facility rules and regulations shall be subject to administrative citation pursuant to the Seaside Municipal Code:
1. All skate park users shall wear a helmet, kneepads and elbow pads at all times when using the facility. All safety equipment shall be in good condition and repair and must fit the skater properly.
2. Hours. It is unlawful for any person to use or be present upon the skate park facility at any time other than the approved hours of operation. Signs shall be posted about the skate park facility indicating the hours of operation.
3. In addition to the rules set forth in this section, the director may establish other reasonable rules and regulations to protect the skate park facility or the skate park and the persons using them from injury or damage.
4. Bicycles are not permitted to be used in the skate park.
B. Unsupervised Venue — Assumption of Risk. The city of Seaside skate park is an unsupervised recreational venue. The director shall cause to be posted signs at the skate park, facing the interior and exterior of the skate park, stating, at a minimum:
1. Use of skateboards and other wheeled recreational devices is a hazardous activity.
2. Use of the facility is at the user’s own risk.
3. Skate park hours.
4. Helmets, kneepads, and elbow pads are required to be worn while using the designated skate park area.
5. Failure to wear helmets, kneepads, and elbow pads in the designated skate park area will subject persons to citation (SMC 9.08.070). (Ord. 1065 § 4, 2019)
9.08.050 Rules and regulations.
The director may establish rules and regulations as may be necessary for the proper administration and regulation of park areas or facilities. Such rules and regulations shall be approved by the city council, upon recommendation of the director and the parks and recreation commission. All persons using the park areas or facilities shall comply therewith. (Ord. 695 § 1, 1986)
9.08.060 Prohibitions generally.
A. Dogs and Animals in Public Places.
1. Any supervised and on-leash dog is allowed at all city of Seaside parks, natural trail or path with the exception of Pachetti Dog Park which allows for supervised and off-leash dogs. When in public areas, all dogs must be on a leash that cannot exceed six feet in length.
2. No dogs are allowed on city athletic fields or in designated skate park facilities.
3. The city may, by regulation, prohibit dogs at designated community events for public safety reasons. The city shall promulgate regulations to ensure that use by persons with dogs is compatible with use of these areas by other persons.
4. No dog may be left unattended and/or attached, tied or chained to any object.
5. Dog owners or custodians are required to pick up their dogs’ droppings.
B. Possession or Consumption of Alcoholic Beverages.
1. No person using a park shall consume or have in his/her possession an open container of any alcoholic beverage.
2. The consumption of alcoholic beverages shall be permitted at the Oldemeyer Use Center upon prior written approval of the director. Individuals or groups seeking such approval shall comply with and be subject to the provisions of SMC 9.08.040.
3. A person organizing or sponsoring an event in conjunction with the city may apply for a one-day permit to operate a beer garden at Laguna Grande Park for the sale of beer and wine. An applicant seeking issuance of a permit shall file an application with the director on a department form, not less than sixty days prior to the proposed use. The parks and recreation commission shall issue the permit in accordance with the standards set forth in SMC 9.08.040(B), and except as otherwise provided, the applicant shall comply with and be subject to the provisions of SMC 9.08.040.
C. Firearms, Fireworks and Fires. Unless prior written authorization is obtained from the director, no person using a park shall:
1. Have brought, or have in his or her possession, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets, or other fireworks explosives of inflammable material, or discharge them or throw them into any such area from land or highway adjacent thereto.
2. Make or kindle a fire for any purpose except at places provided for such purpose.
D. Park Property, Buildings, Trees, Animals. Except for authorized city maintenance, construction, or pest control activities, no person using a park shall:
1. Wilfully deface, disfigure, injure or remove any building, structure, equipment, park property, or portion thereof, either real or personal;
2. Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any park;
3. Hunt, molest, kill, tease or throw objects at any living creature.
E. Pollution, Refuse. No person using a park shall:
1. Place in any lake or stream, by any means, any substance which will or may result in the pollution of waters;
2. Dispose of any refuse or trash, except in proper receptacles. Where receptacles are not provided, refuse or trash shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.
F. Model Airplanes, Boats, Crafts. No person using a park shall fly model airplanes or operate model boats or model automobiles or model crafts of any kind or description except in areas set aside for those specific activities or by authorized permit.
G. Swimming. No person using a park shall swim, bathe, or wade in the waters of any lake or stream.
H. Picnic Areas and Use. No person using a park shall:
1. Picnic, lunch or loiter in a place which interferes with the use of active recreation areas. City park caretakers or recreation personnel shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. Individual fireplaces, tables and benches shall be used on the basis of “first-come, first-served” unless reserved by permit.
2. Leave a picnic area before their fire is completely extinguished and before all trash and other refuse is placed in the disposal receptacles where provided.
I. Closing Hours. No person shall use, camp, sleep, remain, occupy, be present, or loiter in any park area or facility between dusk and dawn, except when participating in city-sponsored or city authorized activities or programs.
J. Traffic, Parking, Bicycles. No person using a park shall:
1. Fail to comply with all applicable provisions of the Vehicle Code of the state of California in regard to equipment and operation of vehicles;
2. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available;
3. Ride or drive any vehicle on any area except the paved or gravel park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the city;
4. Ride a bicycle on other than a vehicular road or trail designated for that purpose. (Ord. 1065 § 5, 2019; Ord. 1050 § 1, 2018; Ord. 987 § 2, 2010; Ord. 777 § 1, 1990; Ord. 767 § 1, 1989; Ord. 695 § 1, 1986)
9.08.070 Enforcement.
A. The director of recreation services, the chief of police, and their duly authorized employees shall enforce the provisions of this chapter, and shall have the authority to eject from park areas and facilities any person acting in violation of these rules and regulations, and to confiscate any property being used in such a manner so as to endanger persons or property.
B. Administrative Citations, Fines, Parent/Guardian Responsibility and Administrative Hearing.
1. The director, and his/her designee, shall have authority to issue administrative citations and administrative fines in accordance with applicable provisions of Chapter 2.56 SMC and this chapter.
2. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this chapter shall be jointly and severally liable with the minor for the amount of any administrative fine imposed pursuant to this section.
3. Administrative citations and fines issued under this section shall be subject to the administrative hearing provisions of Chapter 2.56 SMC. (Ord. 1065 § 6, 2019; Ord. 695 § 1, 1986)