CHAPTER 12.20 - PARKS#

Footnotes: --- (2) ---

Editor's note— Prior ordinance history: Ords. 330B, 334B, 335B and 369B-1.

12.20.010 - Necessity and intent of regulations.#

(a) The city council finds that the city park system exists for the benefit of all the citizens of the city as well as the inhabitants in the surrounding unincorporated areas of Placer County.

(b) The council further finds that to preserve the public health, safety and general welfare of users of the park system, specific regulations are necessary to assure equal access and equal enjoyment of public facilities.

(c) The intent of regulations is to maintain the orderly use of park facilities as well as provide a safe and secure environment for all users to enjoy and appreciate the facilities. The intent is also to protect city property lawfully dedicated to the park system. There is no intent to encourage arbitrary and capricious enforcement or curtail free and lawful movement.

(Ord. 576B §1(part), 1992)

12.20.020 - Definitions in general.#

For the purposes of this chapter, the terms, words, phrases and their derivations defined in this section shall have the meanings set forth herein:

"Activity review panel" is comprised of the supervisor, public works director and director of public safety.

"Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit or used for beverage purposes either alone or when diluted, mixed or combined with other substances.

"Community park" means any formally designated park either traditionally or historically utilized by the community for community celebrations as well as servicing usual functions of parks. The following parks are community parks: Gladding McBean Park, Beerman Plaza and Gladding Sports Complex.

"Designated areas" are park areas reviewed and approved by the city manager or designee. Designated areas include certain picnic areas (typically improved with tables, shelters and/or concrete slabs) that are available for reservation by individuals or groups.

"Green belt" means a city-owned property utilized as open space that is maintained in its natural or semi-natural state and is open to public access enjoyment.

"Neighborhood park" means a formally designated park which services a local area, residential neighborhood or housing tract providing recreational enjoyment to residential areas for neighborhood families and residents on a smaller scale than that of a larger community park or plaza. The following park is a neighborhood park: Joiner Park.

"Park" means any park, vehicle parking area, streambed area, bicycle trail, open space, plaza or other facility owned, leased or operated by the city for park or recreation purposes.

"Supervisor" means the parks and leisure services supervisor of the city.

(Ord. 576B §1(part), 1992)

12.20.030 - Operation of vehicles in parks.#

It is unlawful for any person, other than a person engaged in the performance of his duties as a municipal employee, to drive or park any motor vehicle in or upon any city park excepting the portions thereof set off and used for vehicular traffic§, or for any person to drive or operate any motor vehicle within the confines of any park of the city at a speed in excess of ten miles an hour§.

(Ord. 576B §1(part), 1992)

12.20.040 - Lawn use.#

Only pedestrian traffic will be permitted on lawn areas.§ Only those vehicles used by the disabled, such as wheelchairs or personal motorized carts are excepted.

(Ord. 576B §1(part), 1992)

12.20.050 - Damaging or defacing park property.#

It is unlawful for any person to destroy, damage or deface any property owned or used by the city as a park.§

(Ord. 576B §1(part), 1992)

12.20.060 - Noise—Prohibited.#

Any noise as described and defined in Section 9.04.010 is prohibited in any city park§ except as provided for in Section 9.04.030 and Section 12.20.150.

(Ord. 576B §1(part), 1992)

12.20.070 - Mechanical miniature recreational/hobby devices.#

Any radio, rope, wire or string-controlled car, aircraft or boat which is powered by an electrical, compressed air or internal combustion engine is prohibited in any city park§ except as provided for in Section 12.20.150.

(Ord. 576B §1(part), 1992)

12.20.080 - Animals in city parks.#

(a) It is unlawful for any person to bring, have, allow, suffer or free any animal within the perimeter of any city park§, including but not limited to, any cat, horse, fowl, bovine or other domestic animal, or any reptile or other wild animal. This section does not apply to city greenbelts unless otherwise posted as prohibited, or to programs authorized or conducted by the city.

(b) Dogs are allowed in parks if restrained on a maximum ten-foot leash§ under immediate control of the custodian of the dog; however, a dog is never allowed within 100 feet of a city constructed playground area intended for children§.

(c) It is unlawful for any person owning or having control or custody of any dog to permit the animal to defecate upon the public property of this city or upon the private property of another unless the person immediately removes the feces and properly disposes of it.§ A suitable container or other suitable instrument for the removal and disposal of the dog feces must be carried at all times. Handicapped persons who use seeing-eye dogs are exempt from this section.

(Ord. No. 843B, § 1, 1-12-2010; Ord. 576B § 1(part), 1992)

12.20.090 - Littering—Prohibited.#

Throwing, scattering or disposing of trash and waste matter in other than designated containers is prohibited.§

(Ord. 576B § 1(part), 1992)

12.20.100 - Parks—Closing time.#

(a) All parks in the city will be closed for public use between 8:00 p.m. and 6:00 a.m.§ throughout the year except the months of April through October when the parks will be closed for public use between 9:00 p.m. and 6:00 a.m.§

(b) It is unlawful for any person to enter upon, loiter or be in any of such parks within the hours fixed in subsection A of this section after the closing of such parks for public use unless such persons are:

(1) Engaged in city business;

(2) Engaged in an authorized city program or activity; or

(3) Engaged in an activity for which they have obtained an authorized use permit which amends the hours of closure to accommodate specific recreational events or activities.

(Ord. No. 835B, § 1, 9-23-2008; Ord. 820B § 1, 2007; Ord. 576B § 1(part), 1992)

12.20.105 - McBean Stadium—No trespassing.#

(a) It shall be unlawful for any person to enter upon the property of McBean Stadium outside the posted hours of operation§ without the express written authority of the city manager or his or her designee.

(b) Violation of this section is unlawful and is subject to enforcement pursuant to Chapters 1.16, 1.18 and 1.20 of this Code. Violations may be charged as an infraction or misdemeanor in the discretion of the city attorney.

(Ord. No. 945B, § 2, 10-24-2017)

12.20.110 - Golfing in parks.#

It is unlawful for any person to play, practice or otherwise engage in the game of golf within the confines of any park of the city, except those parks specifically designated by the city for golf activity.§

(Ord. 576B § 1(part), 1992)

12.20.120 - Alcohol in city parks.#

(a) Unless authorized by a permit pursuant to Section 12.20.130 or subsection 12.20.140(b), no person shall bring into any community park, or possess or consume in any community park, any alcoholic beverage.§

(b) At no time will any alcoholic beverage be permitted in a neighborhood park, including parking lots, buildings or adjacent sidewalks.§

(Ord. 576B § 1(part), 1992)

12.20.130 - Sale of alcoholic beverages.#

(a) Except as otherwise provided by this section, it is unlawful to sell any alcoholic beverage in any city park.§

(b) Any person wishing to sell alcohol at a special event in a community park must first obtain a permit from the activity review panel pursuant to the following procedures:

(1) Complete an application on forms provided for that purpose by the city;

(2) Obtain a permit from the State Alcoholic Beverage Control Board in a form approved by the city director of public safety;

(3) Submit a certificate of insurance, in a form approved by the city, evidencing host liability coverage. Such insurance shall name the city as an additional insured and provide primary coverage to the city;

(4) Agree to indemnify, defend and hold harmless the city, its officers, agents and employees from any liability as a result of the sale or consumption of alcohol;

(5) Provide payment for public safety services as required by the city;

(6) Agree to conform to any and all special conditions or requirements for approval by the State Alcoholic Beverage Control Board and the activity review panel.

(Ord. 576B § 1(part), 1992)

12.20.140 - No glass beverage containers in parks.#

(a) Except as provided by subsection (b) of this section, no person shall bring into, possess, deposit or cause to be deposited, or throw or break any glass beverage container or beverage bottle upon a city park ground.§

(b) The supervisor may issue permits to allow glass wine bottle beverage containers to be utilized at a community park.

(Ord. 576B § 1(part), 1992)

12.20.150 - Permission to use designated park areas.#

(a) Use of Special Use Areas. The city may designate certain areas of any park as special use areas and may restrict the use thereof to persons or groups who apply for in advance and who receive a special use permit.§ Such approval shall be upon a first-come, first-served basis, except in cases of regular periodic usage by certain groups. In such cases, the supervisor may restrict the usage of such groups without regard to who first applied, providing a suitable alternative area is available for the use of the first applicant.

(b) Any person or group desiring to use a special use area or conduct an activity therein shall first submit an application for a special use permit in writing. The application shall be in such form and contain such information as the supervisor may prescribe. The application shall be made 15 days before the use or activity is to commence.§ In any case of emergency or where the supervisor is otherwise informed of the nature of the use or activity, the supervisor, in his or her discretion, may waive the filing of a written application or the time limit.

(c) The activity review panel, in its discretion, shall determine whether a special use permit should be granted. In making its determination, the activity review panel shall determine whether:

(1) Public safety problems may arise from the proposed activity or the use of the requested area of the park, and consider the age of the participants, the hour of the conducting of the activity, the type of the activity proposed, the extent and type of advertising thereof, the condition of the premises, including access thereto, the current status of the level of delinquency in the community at large and the location of the activity in particular and other similar and pertinent factors;

(2) The proposed activity or the use of the requested area of the park will create unusual wear and tear of park property or accumulation of trash;

(3) The proposed activity will promote and protect the health, safety and welfare of the participants in the activity and the spectators who may be drawn thereto and the community at large.

(d) The activity review panel shall have the authority to impose conditions on any special use permit including, but not limited to:

(1) Designating the minimum number and type of persons who shall be required to be present to enforce laws and regulations and maintain decorum and pedestrian and vehicular traffic control at or about the premises of the activity;

(2) Limiting the hours of use of any facility or area.

(e) The decision of the activity review panel to grant, grant with conditions or deny the special use permit shall be issued in writing and if denied shall state the reasons for denial.

(f) The applicant may appeal any decision of the activity review panel relating to an application for a special use permit for the use of a designated area to the city manager who shall immediately hear and consider the matter and who may grant, grant with conditions or deny the approval of the application.

(Ord. 576B §1(part), 1992)

12.20.160 - Animal life protected.#

It is unlawful to hunt, molest, chase, tease, capture, take, harm or shoot, or to attempt to hunt, molest, chase, tease, capture, take, harm or shoot any vertebrate animal or wildlife in any park§; provided, that sport fishing permitted by state law is permitted unless posted to the contrary.

(Ord. 576B §1(part), 1992)

12.20.170 - Exclusion from city facilities.#

(a) Any city employee may exclude any person who, while present in a public park, city-owned building, open space or preserve (for purposes of this section, "city facilities"), violates any city ordinance, statute, city policy, or any posted rule or regulation after being put on notice of same. Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions unless that person is also committing acts that are not protected that violate a specific provision of the law that would allow for exclusion.

(b) Exclusion from city facilities under the provisions of this section shall be for the specified time periods following occurrence of the following violations in a city facility:

(1) One day exclusion for a single infraction of park rules or ordinances;

(2) Thirty days for arrest or citation for a misdemeanor nonviolent crime such as public intoxication, or repeated infractions of rules or ordinances within the previous year;

(3) Ninety days for two arrests or citations for misdemeanor nonviolent crime within the previous year, or arrest for felony nonviolent crime, such as drug possession, or repeated infractions of rules or ordinances within the previous year; and

(4) One year for three or more arrests or citations for nonviolent crimes or infractions of rules or ordinances within the previous year, or any arrest for any violent crime within the previous year.

Exclusions cover all city facilities regardless of the location of the incident causing the exclusion notice to be issued.

(c) Written notice shall be given to any person excluded from any city facility under this section. The notice shall specify the date the exclusion begins and duration of the exclusion, shall identify the offending conduct leading to the exclusion, and shall inform the excluded person of the right to appeal the exclusion. The exclusion notice shall be signed by the issuing employee and shall also state any penalties for failure to comply.

(d) Any exclusion shall begin immediately upon the issuance of the exclusion notice and end at noon on the day following the end of the exclusion.

(e) At any time within the period of exclusion, a person receiving a notice of exclusion may appeal the exclusion in writing to the city manager or designee, as applicable, for a waiver or modification of the exclusion for good cause. Upon review by the city manager or designee, the exclusion shall be upheld if the exclusion notice includes information indicating that more likely than not the person committed the violation, and if the exclusion is otherwise in accordance with the law. The city manager or designee shall have authority to modify the terms of the exclusion for good cause. The decision of the city manager or designee shall be final.

(f) The city will maintain an accurate database of all persons excluded from city facilities.

(g) No person subject to the exclusion notice shall enter or remain in any city facility at any time during the period indicated by the exclusion notice. Violation of this section is unlawful and is subject to enforcement pursuant to Chapters 1.16, 1.18 and 1.20 of this code. Violations may be charged as an infraction or misdemeanor in the discretion of the city attorney.

(Ord. No. 995B, § 5, 7-23-2019; Ord. No. 945B, § 2, 10-24-2017; Ord. 576B §1(part), 1992)

12.20.180 - Tennis and basketball courts—Prohibited activity.#

(a) It is unlawful for any person upon any tennis or basketball court owned or controlled by the city to engage in any activity other than playing or practicing the sport relating to the specific court§, including, but not limited to, roller-skating or riding upon a skateboard, unicycle or bicycle, without a permit from the supervisor.

(b) The supervisor may authorize by sign or by permit the use of a tennis or basketball court owned or controlled by the city for an activity other than playing or practicing the sport relating to the specific court if, in the opinion of the supervisor, such activity will not interfere with organized city recreation programs, risk damage to the tennis or basketball courts or cause annoyance or disturbance to the surrounding neighborhood.

(Ord. 576B §1(part), 1992)

12.20.190 - Smoking in city parks.#

(a) It shall be unlawful for any person to smoke within the perimeter of any city park§ (except as specifically allowed by special event permit).

(b) It shall be unlawful for any person to smoke on any equestrian, hiking, bike and similar trails as defined in Section 17.28.170.

(c) To the extent permitted by state law, smoking shall be allowed on any street, alley, sidewalk, or parking adjacent to the borders of city parks.

(d) "Smoking" or "Smoke" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, hookah pipe, plant or other combustible substance in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices).

(Ord. No. 946B, § 2, 10-24-2017)

12.20.200 - Violations—Infraction.#

A violation of any of the provisions of this chapter may be an infraction and punishable by a fine not exceeding $100.00§ and subject to exclusion from the park.

(Ord. 576B §1(part), 1992)