Chapter 12.28
PARK AND RECREATION AREA REGULATIONS
Sections:
12.28.010 Application of rules and regulations.
12.28.021 Authorization to use park facilities.
12.28.022 Vehicle restrictions – Lagoon Valley Park.
12.28.023 Violation – Penalties.
12.28.030 Care of public property.
12.28.040 Restrooms – Washrooms.
12.28.050 Care of trees shrubbery, lawns.
12.28.060 Climbing trees or other objects.
12.28.070 Care of wild animals and birds.
12.28.080 Possession of firearms.
12.28.090 Refuse, trash and litter.
12.28.111 Use of Parks and Recreation Areas for Private Gain.
12.28.120 Bicycles and other conveyances.
12.28.130 Boisterousness – Disorderly conduct.
12.28.010 Application of rules and regulations.
The regulations set forth in this chapter shall apply to and be in full force and effect at all park and recreation areas which now are or which may hereafter be under the jurisdiction and control of the city. Said regulations shall govern the use of all such recreation areas and the observance of such regulations shall be a condition under which the public may use such recreation areas. (Ord. 1015 §1, 1978).
12.28.020 Hours of use.
It is unlawful for any unauthorized person to enter, loiter or remain in any park and recreation area at any time between the hours of one-half hour after sunset and one-half hour after sunrise, unless a permit is first obtained for an extended time from the park and recreation department. (Ord. 1015 §2, 1978).
12.28.021 Authorization to use park facilities.
It is unlawful for any organized athletic team, league, or group to occupy or use a park or recreation area without the prior written authorization of the city manager or his or her designees. For the purpose of this section “organized athletic team, league or group” shall mean any athletic team, league, or group including, but not limited to, teams or leagues organized for the purpose of playing baseball, softball, football or soccer or groups of twenty or more athletes, players, or spectators. “Organized athletic teams, leagues or groups” shall not include persons or groups who participate in an impromptu game that is unaffiliated with any team or league, such as a game conducted in connection with a bona fide group picnic or barbecue when such game is clearly incidental to such picnic or barbecue.
(Ord. 1646, Added, 11/23/2000)
12.28.022 Vehicle restrictions – Lagoon Valley Park.
It is unlawful for any person to stand, idle, or park a motor vehicle anywhere within Lagoon Valley Park unless that person has paid the required parking fee and displays proof of such payment upon demand by any law enforcement officer or by any official, employee, agent, representative or contractor of the City.
(Ord. 1924, Amended, 07/26/2018; Ord. 1781, Added, 6/26/2007)
12.28.023 Violation – Penalties.
Any person violating the provisions of Section 12.28.022 shall be guilty of an infraction and shall be punishable as provided in Section 1.16.010.
(Ord. 1781, Added, 6/26/2007)
12.28.030 Care of public property.
It is unlawful for any person to mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, fencing, paving or paving material, water lines or other public utilities, or parts or appurtenances thereof, signs, notices, placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities on park property or appurtenances whatsoever, either real or personal. (Ord. 1015 §3, 1978).
12.28.040 Restrooms – Washrooms.
It is unlawful for any person to fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. Male persons shall not resort to any restroom and washroom facilities set apart for women, and female persons shall not resort to restroom and washroom facilities set apart for men; provided, that this shall not apply to children accompanied by an adult person. (Ord. 1015 §4, 1978).
12.28.050 Care of trees shrubbery, lawns.
It is unlawful for any person to damage, cut, carve, transplant or remove any tree, plant, wood, turf, or grass, or pick the flowers or seeds of any tree or plant, or attach any rope, wire, or other object to any tree or plant. (Ord. 1015 §5, 1978).
12.28.060 Climbing trees or other objects.
It is unlawful for any person to climb any tree, or walk, stand or sit upon monuments, vases, fountains, railing, fences, or upon any other property not designated or customarily used for such purposes. (Ord. 1015 §6, 1978).
12.28.070 Care of wild animals and birds.
It is unlawful for any person to hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; or remove or have in his possession the young of any wild animal, or the eggs or nest or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous may be killed on sight. (Ord. 1015 §7, 1978).
12.28.080 Possession of firearms.
It is unlawful for any person other than peace officers in the discharge of their duties to use, carry or possess firearms, air rifles, spring guns, bows and arrows, slingshots or any other device whether discharged by spring action, compressed air or gas. (Ord. 1015 §8, 1978).
12.28.090 Refuse, trash and litter.
It is unlawful for any person to dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park or recreation area, or left anywhere on the grounds thereof, but shall be placed in proper receptacles provided for such purpose. Where receptacles are not so provided, all such refuse or trash shall be carried away from the park or recreation area by the person responsible for its presence, and properly disposed of elsewhere. (Ord. 1015 §9, 1978).
12.28.091 Prohibition of smoking within city parks and recreational facilities except in designated areas.
A. Definitions. For the purposes of this section, the following definitions shall govern:
1. “Cigar” shall have the same meaning as defined in Section 104550 of the California Health and Safety Code.
2. “Cigarette” shall have the same meaning as defined in Section 104556 of the California Health and Safety Code.
3. “Designated area” shall mean:
a. One or more areas within a City park or recreational facility, which have been posted with signs as approved by the City Manager or his or her designee, stating that smoking is permitted within such areas; and
b. Those portions of a parking lot or public sidewalk located directly adjacent to the perimeter of a park or recreational facility, whether or not a “smoking permitted” sign has been posted.
4. “Park” and “recreational facility”, whether used in the singular or plural, shall mean any City park, parkway, mall, plaza, greenbelt, garden, lake, and any other City property, including structures thereon, that is reserved for park or recreational purposes, whether passive or active.
5. “Sidewalk” shall mean a concrete walkway adjacent to a public street or parking lot.
6. “Smoke” or “smoking” shall mean the lighting, inhaling, exhaling or burning of any pipe, cigar, or cigarette of any kind, or the carrying or holding of any lighted pipe, lighted cigar, lighted cigarette, or any similar article or substance, including, but not limited to, tobacco or other combustible weed or plant. “Smoking” also means the gaseous products and particles created by the use of a lighted pipe, cigar, cigarette, or any other similar article or substance.
B. Disposal of cigarettes, cigars and other smoking materials.
1. No person shall smoke a cigarette, cigar, pipe, or any other combustible substance within a City park or recreational facility except in a designated area, or dispose of a lighted or unlighted cigarette, cigar, pipe, or any other combustible substance or tobacco-related waste within a park or recreational facility, except in an ashtray or other device designated for such disposal.
2. This section shall not apply to tot lot sandbox areas or playgrounds as defined in California Health and Safety Code Section 104495, which shall be governed by said Section 104495.
C. Retaliation Prohibited. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to obtain compliance with this section.
D. Enforcement. Any person who violates or fails to comply with any of the provisions of this section, and any person who aids, assists or abets therein, shall be guilty of an infraction and shall be punished as provided in Chapter 1.16 of this Code.
E. Repealed by Ord. 1732.
(Ord. 1732, Amended, 02/08/2005; Ord. 1697, Added, 09/09/2003)
12.28.100 Advertising matter.
It is unlawful for any person to distribute, circulate, give away, throw or deposit in or on any park and recreation area, any handbills, circulars, dodgers, pamphlets, papers, or advertisements; or post or affix the same to any tree, fence or structure in any park or recreation area. (Ord. 1015 §10, 1978).
12.28.110 Vending – Peddling.
It is unlawful for any person to sell or offer to sell any goods, wares, merchandise, article or thing whatsoever; or to station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under authority granted by the city. (Ord. 1015 §11, 1978).
12.28.111 Use of Parks and Recreation Areas for Private Gain.
It is unlawful for any person to charge, assess, or receive a fee or other form of consideration for the privilege or right of using, occupying, or entering a park or recreation area, or as a condition of participating in an event, occurrence, lesson, or other activity at a park or recreation area, without the prior written authorization of the city manager or his or her designee. For purposes of this section, “fee” shall include, but not be limited to, any rental fee, entry fee, admission fee, participation fee, donation, contribution, or any other money or consideration given in exchange for such privilege or right of participation.
(Ord. 1671, Amended, 06/28/2002)
12.28.120 Bicycles and other conveyances.
A. The use, riding, or operation of a bicycle, skateboard, roller skates, other non-motorized wheeled vehicle, or other conveyances in a park not specifically designated for such use (e.g., a skateboard park) is only allowed on roads or paths unless such use, riding, or operation is prohibited within the park altogether either by the Vacaville Municipal Code or by the City Manager or his or her designee after making a finding that such use, riding, or operation will endanger pedestrian traffic or public safety, or causes damage in excess of normal wear and tear to the park property. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or trail or path reserved for pedestrian use.
B. Bicycles, skateboards, roller skates, other non-motorized wheeled vehicles, and other conveyances shall at all times be operated with reasonable regard for the safety of others.
C. Such conveyances shall not be left unattended in any place or position where other persons may trip over or be injured by them.
(Ord. 1787, Amended, 09/25/2007; Ord. 1015 §12, 1978).
12.28.130 Boisterousness – Disorderly conduct.
It is unlawful for any person to engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace and enjoyment of park and recreation areas. (Ord. 1015 §15, 1978).
12.28.140 Enforcement.
A. The city manager and his or her designees shall, in connection with their other duties, diligently enforce the provisions of this chapter.
B. Said city manager and designees shall have the authority to eject from park and recreation areas any person acting in violation of these rules and regulations and to suspend such persons from entering upon or using such park and recreation areas as follows: (i) not more than sixty days for the first violation; (ii) not more than one hundred and eighty days for the second violation committed within twelve months of the first violation; and (iii) not more than twelve months for each violation committed after the second violation. These penalties are in addition to the general penalty for violations of this code and may be imposed in combination with such general penalty. (Ord. 1015 §14, 1978).
(Ord. 1646, Amended, 11/23/2000)