Chapter 12.12
PARKS AND RECREATIONAL AREAS
Sections:
12.12.010 Rules and regulations.
12.12.020 Mass picnics, meetings and overnight picnics.
12.12.030 Beer booth concession.
12.12.050 Supplemental rules and regulations.
12.12.010 Rules and regulations.
The rules and regulations contained 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, and shall govern the use of all such park and recreation areas, and it shall be unlawful to violate such rules and regulations set forth in this chapter as follows:
A. Hours of Use. No person shall remain in any park and recreation area during the hours of ten p.m. and six a.m. No person shall use the playground at the City Park except during daylight hours. Hours of use may be extended with the approval of the city counci1 or parks and recreation commission of the city.
B. Care of Public Property. No person shall mark, deface, disfigure, injure, tamper with, or displace or remove any soil, building, bridges, tables, benches, fireplaces, railings, fencing, paving or paving material, water lines or other public utilities, or parts of appurtenances thereof, signs, notices, placards, whether temporary or permanent, or other structures or equipment facilities or park property or appurtenances whatsoever, either real or personal.
C. Care of Flora. No person, other than a duly authorized city employee or agent, shall damage, cut carve, transplant or remove any tree, plant or flower, or any portion thereof, or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person, other than an authorized city employee or agent, attach any rope, wire or other contrivance to any tree or plant, nor shall such person dig in or otherwise disturb grass areas or in any way injure or impair the natural beauty or usefulness of any area.
D. Fire. No person shall light or maintain any fire in any park unless such fire is lighted and maintained in a place provided for that purpose.
E. Care of Wild Animals and Birds. No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles or objects at any animal, reptile or bird; or remove or have in his possession the young of any animal or the eggs or nest of young of any reptile or bird.
F. Refuse, Trash and Litter. No person shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash anywhere on the park grounds, but it shall be placed in proper receptacles provided for such purposes. No such items, refuse, or trash shall be placed in any waters contiguous to any park or recreation area. Where receptacles are not provided, all such items, 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.
G. Operation of Motor Vehicles, Bicycles and Other Conveyances. No person shall drive motor vehicles or other motor driven conveyances or bicycles on other than roads or paths designated for that purpose.
H. Parking. It is unlawful for any person to park a vehicle in other than an established parking area, and such use shall be in accordance with any posted directions and with the instructions of any attendant who may be present.
I. Horses and Livestock. Horses and other livestock shall be permitted only on those trails and in those areas specifically designated for equestrian use.
J. Domestic Animals. All dogs and other domestic animals shall be, at all times, under the reasonable control of their owners and such dogs and domestic animals shall not be permitted in those areas so designated.
K. Swimming. Swimming, bathing or wading is permitted only in those areas and at those times specifically designated for such purposes.
L. Boating. Boating shall be permitted only in those areas specifically designated for that purpose.
M. Archery, Horseshoes, Golf and Model Airplanes. Golf, archery, horseshoes and the flying of motor-powered model airplanes shall be permitted only at locations specifically designated for that purpose.
N. Picnic Areas. Picnics shall be permitted in all parks and recreation areas unless otherwise prohibited by signs duly posted.
O. Interference with Activities. No person shall willfully interfere with, annoy or harass any person or persons lawfully using the park and recreation areas pursuant to these rules and regulations, nor shall any person interfere with any park maintenance activities being carried on by any employee or agent of the city by refusing to move from any park and recreation area when requested to do so.
P. Vending and Peddling. No person shall call 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 goods, wares, merchandise, article or thing on any park or recreation area except as such person is licensed by the city as a concessionaire to call or offer to sell any goods, wares, merchandise, article or thing on park or recreation areas.
Q. Commercial Advertising Matter. No person shall distribute, circulate, give away, throw or deposit in or on any park and recreation area any commercial advertising matter or post or affix the same to any area, fence or structure, or vehicle in any park or recreation area.
R. Mass Picnics and Meeting. No mass picnics or meetings shall be held except as provided in Section 12.12.020.
S. Exemption. These rules and regulations shall not apply to any city employee agent or representative in the duly authorized performance of their duties. (Ord. 90-02; prior code § 5-2.01)
12.12.020 Mass picnics, meetings and overnight picnics.
No persons or organizations of any type shall hold, conduct or address any assemblage, meeting or gathering in any public park and recreational area, or any public place, nor hold a picnic when the number of participants exceeds two hundred (200) persons, nor shall any person or organization conduct any overnight camping activities without a written permit granted by the legal authority of the city as provided in this section follows:
A. Application. A person seeking issuance of a permit hereunder shall file an application with the legal authority on a form provided for that purpose.
B. Standards for Issuance. The legal authority shall issue a permit under this section when it finds:
1. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general enjoyment of the park by the public;
2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
3. That the proposed activity or use is not reasonably anticipated to insight violence, crime or disorderly conduct;
4. That the proposed activity will not entail unusual extraordinary or burdensome expense or police operation by the city;
5. That the facilities desired have not been reserved for other use at the day and hour required in the application.
C. Appeal. Within seven days after receipt of an application which is denied the legal authority shall apprise an applicant in writing of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing to the city council.
D. Effect of Permit. The permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits.
E. Liability. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.
F. If, in the opinion of the legal authority, the event or program would constitute a hazard to public safety then the applicant for a permit shall provide the city with certificate of insurance evidencing bodily injury liability in the amount of two hundred fifty thousand dollars ($250,000.00) for each person and five hundred thousand dollars ($500,000.00) for each occurrence, and property damage liability coverage in the amount of fifty thousand dollars ($50,000.00) for each occurrence. Such certificates of insurance shall be filed with the city clerk prior to the granting of the permit
G. Revocation. The legal authority shall have the authority to revoke a permit upon finding of violation of any rule, regulation or ordinance, or upon good cause shown.
H. Copy of Permit. Permittee shall have a copy of the permit in his possession and shall produce same upon request by any duly authorized city employee, representative or agent. (Prior code § 5-2.02)
12.12.030 Beer booth concession.
A. Allowed with permit. Nonprofit organizations, upon obtaining a permit from the Winters police department and such permits as may be required by or from the California Department of Alcoholic Beverage Control, may operate a concession for the purpose of selling and dispensing beer within the limits of the public parks of the city.
B. Limitation. Such sales shall be made only in individual drinks and not in bulk. Such sales shall be served for consumption on the immediately adjacent premises of the concession.
C. Exemption. This section shall not apply to place which are properly licensed to and do dispense beer, wines and other distilled and intoxicating liquors and beverages. (Prior code §§ 10-2.101--10-2.103)
12.12.040 Enforcement.
The city police department shall, in connection with its other duties, diligently enforce the provisions of Sections 12.12.010 and 12.12.020.
Any violation of the provisions of Sections 12.12.010 and 12.12.020 shall be a misdemeanor, and the legal authority shall arrest, issue notice to appears and/or eject from the parks and recreation areas any person or persons in violation of these rules and regulations. (Prior code § 5-2.03)
12.12.050 Supplemental rules and regulations.
The legal authority may establish such supplemental rules and regulations as may from time to time be required or necessary for the proper administration and regulation of conduct in the city’s parks and recreation areas, including but not limited to the times during which the parks or any of the facilities therein may be used.
Any such supplemental rules and regulations promulgated under this section shall be posted in or near the entranceway in each park and recreation area. Any change in any rules and regulations established under this chapter must have the prior written approval from the city council. (Prior code § 5-2.04)