Chapter 10-1
PARKS Revised 1/24
Sections:
10-1-04 Private/public event permits and conditions.
10-1-05 Liability insurance required.
10-1-06 Contents of applications.
10-1-07 Action on applications.
10-1-07.1 Security requirements for activities held in City recreation facilities.
10-1-09 Use of areas in parks.
10-1-11 Repealed. Revised 1/24
10-1-12 Closing of sections of parks.
10-1-14 Acts prohibited. Revised 1/24
10-1-17 Advertising: Sale of merchandise.
10-1-19 Excessive noise prohibited.
10-1-21 Water features in City parks.
10-1-01 Purpose.
The purpose of this chapter is to regulate the use of the parks and recreation buildings of the City in order to provide maximum enjoyment in the use of such parks and buildings and minimum disturbance or interference with the use of surrounding areas.
(1268-CS, Amended, 01/09/2020)
10-1-02 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Bike park” shall mean a public facility that is designed for use by persons riding bicycles and which is designated as a “bike park” or “BMX bike park.”
(b) “Building” shall include those buildings, or any portion thereof, under the supervision of the Parks, Recreation and Public Facilities Department.
(c) “Director” shall mean the Parks, Recreation and Public Facilities Director or designee.
(d) “Dog park” shall mean a fenced portion of public property that has been specifically designated for recreational use by dogs accompanied at all times by their owners or other adult persons having custody, care, and/or control.
(e) “Park” includes, but is not limited to, skateparks, bike parks, and landscaped storm drainage basins.
(f) “Permit” shall mean a written permit for the exclusive use of a park or building as provided for and defined in this chapter.
(g) “Picnicker” shall mean a person on an outing or excursion with food usually provided by such person and eaten in the open.
(h) “Vehicle” shall mean any wheeled conveyance, whether motor-powered, electric, animal-drawn, or self-propelled, including bicycles and any trailer in tow of any size, kind, or description, except baby carriages/strollers, wheelchairs, and vehicles in the service of the City parks.
(i) “Skatepark” shall mean a public facility that is designed for use by persons riding skateboards, in-line skates, or roller skates, and which is designated as a “skatepark.”
(j) “Sound amplifying equipment” shall mean any electrical or battery-operated machine or device for the amplification of the human voice, music, or any other sound. “Sound amplifying equipment” shall not include standard vehicle radios when used and heard only by the occupants of the vehicle in which the radio is located.
(1268-CS, Amended, 01/09/2020; 1123-CS, Amended, 08/27/09; 1118-CS, Amended, 04/23/2009; 1020-CS, Amended, 02/12/2004)
10-1-03 Compliance required.
No person shall enter, be, or remain in any park or building of the City unless he complies with all the applicable regulations set forth in this chapter.
(1268-CS, Amended, 01/09/2020)
10-1-04 Private/public event permits and conditions.
Parks and/or buildings shall be made available to private individuals or organizations subject to the issuance of a permit by the Director or his/her designee. Permit fees, approved uses and conditions of use shall be established and updated by City Council resolution.
Nothing in this section shall be deemed to change the status of any City park and/or building from a public park or public building to a private park or private building.
(1268-CS, Amended, 01/09/2020; 1086-CS, Amended, 07/12/2007)
10-1-05 Liability insurance required.
If the conduct of the event or program, subject to the permit required under TMC 10-1-04, would constitute a hazard to public safety, the applicant shall provide the City with certificates of insurance evidencing bodily injury liability in an amount no less than One Million and no/100ths ($1,000,000.00) Dollars for each person, and Three Million and no/100ths ($3,000,000.00) Dollars for each occurrence, and property damage liability coverage in the amount of One Hundred Thousand and no/100ths ($100,000.00) Dollars for each occurrence and naming the City additional insured. The Director or his or her designee may require additional coverage based on the risk to the City. Such certificates of insurance shall be filed with the City Clerk prior to the granting of such permit.
(1268-CS, Amended, 01/09/2020)
10-1-06 Contents of applications.
Applications for the exclusive use of a park or building, or portion thereof, shall be made on a form provided by the Director, shall contain the information specified by the Director, and shall be filed in the manner and at the times specified by the Director.
All applications shall be signed by an authorized representative of the organization sponsoring the activity, and the organization shall be responsible for compliance with all the provisions of this chapter and the regulations established by resolution or by the Director and for all damages resulting from the conduct of the activity sponsored by the organization.
(1268-CS, Amended, 01/09/2020)
10-1-07 Action on applications.
(a) The Director or his or her designee shall grant or deny such application upon receipt and review of the application. The decision granting or denying such application shall be made with the applicant present after the submittal and review of the application.
(b) The Director or his or her designee, in granting the application, may impose reasonable requirements and conditions concerning the use of the park or building by the applicant.
(c) The Director or his or her designee of the Parks, Recreation and Public Facilities Department is hereby authorized to charge and collect a fee for:
(1) Participation in the Parks, Recreation and Public Facilities sports programs, classes, special events and activities; and
(2) For the use of City park(s) and/or City building(s).
(d) The fee authorized by this chapter shall be set by resolution of the Turlock City Council.
(e) The Director shall deny the application if he or she finds that:
(1) The proposed activity or use will unreasonably interfere with, or detract from, the promotion of the public health, welfare, safety, or recreation;
(2) The proposed activity or use is anticipated to incite violence, crime, or disorderly conduct; or
(3) The occupancy load of the building will be exceeded.
(1268-CS, Amended, 01/09/2020; 720-CS, Amended, 02/07/1991)
10-1-07.1 Security requirements for activities held in City recreation facilities.
(a) Every person operating, promoting, maintaining or conducting a permitted activity in or at a City recreation facility shall provide, or cause to be provided, security for the activity based upon the maximum capacity of the building and subject to the review and approval of the Director, or his or her designee. The cost of such private security shall be borne by the person holding the activity.
(b) Every person operating, promoting, maintaining or conducting a permitted activity in or at a City recreation facility shall sign a detailed statement, under penalty of perjury under the laws of the State of California, declaring the nature and type of activity to be held in or at the City recreation facility and the expected number of guests.
(c) The Director, or his or her designee, shall consider, but is not limited to, the following factors in setting the security requirements for an activity held in a City recreation facility:
(1) The maximum capacity of the City recreation facility;
(2) The nature and type of activity to be held;
(3) The hours during which the activity will be held;
(4) If private security will be provided, the credentials, reputation and practices of the proposed private security company; and
(5) The dress and equipment used by the private security officers.
(d) In lieu of private security, the Director, or his or her designee, may request from the Chief of Police, active or reserve police officers of the City of Turlock to provide security at activities held in City recreation facilities the cost for which shall be borne by the person holding the activity and shall be paid to the City at least ten (10) days prior to the date of the activity.
(e) If alcohol is to be served at the proposed activity, the Chief of Police, or his or her designee, may establish conditions on the sale, distribution, use, and consumption of any alcoholic beverage.
(f) For all rentals of the Senior Center and other City facilities, the City requires one Parks, Recreation and Public Facilities Facility Supervisor on duty during the event. This Facility Supervisor would be in Parks, Recreation and Public Facilities staff uniform and equipped with a communication radio/phone. His or her responsibility is to monitor the event and provide instruction and information on the proper use and care of said facility. He or she is not responsible for law enforcement responsibilities.
(g) For all rentals at the Senior Center and other City facilities where alcoholic beverages are provided or for sale in conjunction with dancing by a live band, disc jockey, or any type of recorded music, the City:
(1) Requires one (1) Parks, Recreation and Public Facilities Facility Supervisor in Parks, Recreation and Public Facilities uniform and equipped with a communication radio/phone; and
(2) In addition, may require a minimum of one (1) Parks, Recreation and Public Facilities employee, not to exceed four (4) Parks, Recreation and Public Facilities employees, in Parks, Recreation and Public Facilities uniform and equipped with communication radios/phones whose responsibilities are to coordinate the use of said facility with the Parks, Recreation and Public Facilities Staff Facility Supervisor on duty.
(3) Any Parks, Recreation and Public Facilities employees that are present at an event are not responsible for law enforcement responsibilities.
(h) The fee charged for the required personnel under subsections (f) and (g) of this section are the adopted hourly rates for Parks, Recreation and Public Facilities part time staff.
(1268-CS, Amended, 01/09/2020; 796-CS, Amended, 11/26/1992; 733-CS, Enacted, 08/11/1991)
10-1-08 Right of appeal.
The applicant or any interested person may appeal the granting or denial of a permit or any conditions placed on such permit or not placed on such permit by the Director as provided by Chapter 1-4 TMC.
(1268-CS, Amended, 01/09/2020; 866-CS, Amended, 02/09/1995)
10-1-09 Use of areas in parks.
The Director or his or her designee shall have the authority to regulate the activities in park areas, when necessary, to prevent congestion and to secure the maximum use of the park facilities for the comfort and convenience of all and may limit the length of time such facilities, including picnic facilities, are used to avoid crowding. Visitors shall comply with any directions given to achieve this end. Individual fireplaces or tables and benches shall be used on the basis of “first come, first serve” except in areas designated by “Reservation Only.”
(1268-CS, Amended, 01/09/2020)
10-1-10 Alcoholic beverages.
The presence and/or the consumption of any and all alcoholic beverages shall be prohibited at all City of Turlock existing or future parks.
Permission for the sale or distribution of beer and/or wine in conjunction with a special event permit may only be granted by the City Council of the City of Turlock.
(1268-CS, Amended, 01/09/2020; 798-CS, Amended, 02/11/1993; 786-CS, Amended, 08/27/1992; 739-CS, Amended, 08/08/1991)
10-1-11 Repealed. Revised 1/24
(1308-CS, Repealed, 10/24/2023; 1268-CS, Amended, 01/09/2020)
10-1-12 Closing of sections of parks.
Any part of a park may be declared closed to the public for all or specified purposes by the Director or his or her designee at any time and for any interval of time, either temporarily or at regular intervals.
(1268-CS, Amended, 01/09/2020)
10-1-13 Lost property.
Upon the discovery of lost property by park users, the lost property shall be reported to the Police Department subject to the provisions for unclaimed property provided in Chapter 2-8 TMC.
(1268-CS, Amended, 01/09/2020)
10-1-14 Acts prohibited. Revised 1/24
No person shall do any of the following:
(a) Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances, or other public property, and parents of any minor shall be responsible for all such damage;
(b) Litter, soil, or defile rest rooms. No person over the age of six (6) years shall use rest rooms and washrooms designated for the opposite sex. The exception shall be for disabled individuals requiring assistance to use the facilities;
(c) Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any private or public service utility into, upon, or across such lands, except with the written permission of the Director or his or her designee;
(d) Go upon any lawn, grass plot, or flower bed where such prohibition is indicated by a legible sign posted near or in the area;
(e) Picnic or lunch in a place other than one designated for such purpose;
(f) Swim, bathe, wade, fish, or boat in any water of any fountain, pond, lake, or stream, except in areas designated for such purposes and so posted;
(g) Bring into any park any material which, if spilled or spread, will be injurious to the turf or plant growth;
(h) Damage, cut, carve, transplant, or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant;
(i) Attach any rope, wire, or other contrivance to any tree, plant, building, sign or any other structure;
(j) Dig in or otherwise disturb any park area or in any way injure or impair the natural beauty or usefulness of any area;
(k) Climb any tree or walk, stand, or sit upon any monument base, fountain, railing, fence, or upon any other property not designated or customarily used for such purposes;
(l) Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw objects at any animal, reptile, or bird;
(m) Remove or have in his possession any wild animal, or any bird or fowl, or the eggs or nest or young of any reptile, wild animal, or bird, except snakes known to be poisonous (exception: City staff in the course necessary for their work);
(n) Use any amplification system unless a permit is first issued by Neighborhood Services;
(o) Bring to, or drink in, a park any alcoholic beverage, except as provided in this chapter;
(p) Enter or remain in a park while under the influence of intoxicating liquor or any drug;
(q) Bring or have in his possession, or set off, or otherwise cause to explode or discharge or burn in a park any fireworks, whether safe and sane fireworks or not, or other flammable or explosive material, or discharge them or throw them into any park from land, or a vehicle, or building adjacent thereto, except persons conducting a City-sponsored or supported public fireworks display;
(r) Be, remain, stay, or loiter in any public park between the hours of 10:00 p.m. and 6:00 a.m. of the following day, except as provided by resolution of the Council;
(s) Set up tents or other temporary shelters for the purpose of overnight camping, nor shall any person leave in a park, after closing hours, any movable structure or vehicle to be used, or that could be used, for such purposes, such as a house trailer, motor home, camp trailer, or pickup camper, except as provided in this chapter;
(t) Having the control or care of any dog, suffer or permit such dog to enter or remain in a park, unless the park is posted for such use, and then only if it is led by a leash of suitable strength not more than six (6') feet in length. The person owning, controlling, or having the custody of such dog shall be jointly and severally responsible for all damages caused by such dog;
(u) Lead, ride, drive, keep, or, let loose any animal, reptile, or fowl of any kind without a permit to do so from the Director or his or her designee;
(v) Make or kindle a fire for any purpose other than for cooking, or burn wood in BBQ pits, except at places provided for such purpose, unless prior permission shall be obtained therefor from the Director or his or her designee, or leave a fire started by such person, or at his direction, or used by him until such fire is completely extinguished;
(w) Enter an area or use any building, equipment, fountain, pond, or pool posted as “Closed to the Public”;
(x) Use, carry, or possess firearms of any description or air rifles, spring guns, bows and arrows, slings, or any other form of weapon potentially dangerous to wildlife or to humans or shoot into park areas from beyond park boundaries;
(y) Use or allow the use of powered model airplanes, drones or remote control cars, except in areas designated for such use;
(z) Play or practice golf or use golf clubs in any area of the park not designated for such use;
(aa) Play or engage in any game except at a place set apart for that purpose;
(ab) Indulge in riotous, boisterous, threatening, or indecent conduct;
(ac) Throw, discharge, or otherwise place in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park, or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter, or thing, liquid or solid, which will or may result in the pollution of such waters;
(ad) Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can, refuse, or trash, except in the receptacles provided for such materials; where such receptacles are not provided, all such materials shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere;
(ae) Bring to, or operate in or on, or sail in or on, any water in any lake, pond, or stream any powered or nonpowered hobby or model boat, kayak or boats of any kind or floating devices except during special events having the prior approval of the Parks, Recreation and Public Facilities Department;
(af) Bring to or have in such person’s possession any alcoholic or nonalcoholic glass beverage container or bottle;
(ag) Engage in the feeding of any wildlife within any park within the City or within any public property;
(ah) Smoke, chew, or use any tobacco related products, or any other drug or drugs, within any park within the City or within any public property;
(ai) Sleep, lie down, sit or stand on top of picnic tables, trash receptacles or any structure not intended for such use; and
(aj) Fail to comply with any posted rules, regulations, or plans for the use or operation of a park.
(1308-CS, Amended, 10/24/2023; 1268-CS, Amended, 01/09/2020; 1118-CS, Amended, 04/23/2009; 949-CS, Amended, 11/25/1999)
10-1-15 Vehicle regulations.
All vehicles shall be ridden, driven, or operated on the right-hand side of the road paving as close as conditions permit and shall be kept in single file when two (2) or more are operating as a group. Operators shall at all times operate their vehicles with reasonable regard to the safety of others, signal all turns, pass to the left of any vehicle they are overtaking, and pass to the right of any vehicle they may be meeting.
No vehicles of any kind (motor-powered, electric, animal drawn) are allowed to operate inside any park or future park except motor-powered, electric wheel chairs, emergency vehicles and vehicles in service of the City, unless granted permission by the Director or his or her designee.
(1268-CS, Amended, 01/09/2020)
10-1-16 Traffic and parking.
No person shall:
(a) Fail to comply with all the applicable provisions of the Vehicle Code of the State, in regard to equipment and the operation of vehicles, and the provisions of this Code;
(b) Fail to obey all traffic officers and park employees authorized to direct traffic in the parks;
(c) Fail to obey all traffic regulations concerning the use of vehicles or caution, stopping, parking, and all other signs posted for control or to safeguard life and property;
(d) Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon roads designated by posted signs for different rates of speed;
(e) Ride or drive any vehicle or bicycle on any area, except paved roads, bike paths or parking areas or other areas designated as temporary parking areas. A bicyclist may wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use;
(f) Park a vehicle in other than an established or designated parking area or use a parking area in a manner not in accordance with the posted directions or the instructions of any attendant who may be present;
(g) Ride any other person on a bicycle, except where the bicycle is built for operation by more than one (1) person;
(h) Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and there is space available; and
(i) Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may ride, drive, or trip over it or be injured by it.
(1268-CS, Amended, 01/09/2020)
10-1-17 Advertising: Sale of merchandise.
No person in a park or on public property adjacent to a park shall do any of the following without prior permission from the Director or his or her designee:
(a) Expose, announce, advertise, call public attention to, or offer any article or food or drink for sale; nor shall he station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or food or drink in the park or on public property adjacent to such park; and
(b) Paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription.
(1268-CS, Amended, 01/09/2020)
10-1-18 Donations.
The donation of plants, buildings, fountains, sculptures, ponds, pools, or any other item or funds for such item for any park or building shall first be presented to the Parks, Arts and Recreation Commission with final approval by the City Council.
(1268-CS, Amended, 01/09/2020)
10-1-19 Excessive noise prohibited.
No person in a park or on public or private property adjacent to a park shall produce, suffer, or allow to be produced any loud noise from a radio, stereo, public address system, or other means which noise disturbs the peaceful and quiet enjoyment of any person in a public park.
(1268-CS, Amended, 01/09/2020)
10-1-20 Use of skateparks.
(a) No person in a skatepark shall:
(1) Ride a skateboard, use in-line skates or roller skates unless that person is wearing a helmet, elbow pads, and knee pads;
(2) Ride, operate, or utilize any device other than a skateboard, in-line skates, roller skates, or non-motorized scooters (prohibited devices include, but are not limited to, bicycles and any motorized device whether electric or gas powered);
(3) Use, consume, or possess food, beverages, glass bottles, or any breakable glass item on the skating surface;
(4) Place or utilize additional obstacles or other materials (including, but not limited to, ramps or jumps);
(5) Engage in reckless behavior (including, but not limited to, tandem riding, pushing, horseplay, and bullying), or any other activity that could endanger the safety of persons using the skate facility or spectators;
(6) Enter the skatepark at any time except during the posted hours of operation and when the facility usage sign reads “OPEN”; and
(7) Bring in any pets or other animals.
(b) Signs shall be erected and maintained at skateparks which shall afford notice that any person skating 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.
(1268-CS, Amended, 01/09/2020; 1020-CS, Added, 02/12/2004)
10-1-21 Water features in City parks.
No person over the age of eighteen (18) shall use the water feature located in any City park except parents or other caregivers accompanying a juvenile aged eighteen (18) or younger.
(1268-CS, Amended, 01/09/2020; 1128-CS, Amended, 11/12/09; 1069-CS, Added, 10/26/2006)
10-1-22 Use of bike parks.
(a) No person in a bike park shall:
(1) Ride a bicycle unless that person is wearing a helmet;
(2) Ride, operate, or utilize any device other than a bicycle (prohibited devices include, but are not limited to, scooters, RC cars and any motorized device whether electric or gas powered). No foot traffic is allowed inside the bike park riding area;
(3) Use, consume, or possess food, beverages, glass bottles, or any breakable glass item within the bike park area;
(4) Place or utilize additional obstacles or other materials (including, but not limited to, ramps or jumps);
(5) Engage in reckless behavior (including, but not limited to, tandem riding, pushing, horseplay, and bullying), or any other activity that could endanger the safety of persons using the bike park facility or spectators;
(6) Enter the bike park at any time except during the posted hours of operation; and
(7) Bring in any pets or other animals.
(b) Signs shall be erected and maintained at the bike park which shall afford notice that any person biking in the facility must wear a helmet and that any person failing to do so will be subject to citation.
(1268-CS, Amended, 01/09/2020; 1118-CS, Added, 04/23/2009)