[Ord. #99-02, § 1; Ord. #99-07, § 1; Ord. #2014-10; amended 6-7-2021 by Ord. No. 2021-09]
The purpose of this section is to provide regulations for the use of City-owned property, parks, recreation, open space, waterfront and Albany Hill areas within the City of Albany.
[Ord. #99-02, § 1; Ord. #99-07, § 1; Ord. #00-06; Ord. #2014-10; amended 6-7-2021 by Ord. No. 2021-09]
a. 
Albany Hill area shall mean all the public areas on Albany Hill, including public property areas abutting and contiguous to Cerrito Creek, and the area known as Creekside Park.
b. 
Bicycle shall mean a device upon which any person may ride, propelled exclusively by human power through a system of belts, chains, or gears, and having one or more wheels. Bicycle does not include any authorized public safety bicycle.
c. 
Camping means to set up, pitch, occupy, or leave camp facilities or to use camp paraphernalia.
d. 
Camp facilities include, but are not limited to, tents, shacks, huts, or other temporary shelters, structures or specialty vehicles (including but not limited to house trailers, camp trailers, camp wagons, and any other mobile or stationary campers) which are used or could be used for overnight camping.
e. 
Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, non-City designated cooking facilities, or similar equipment.
f. 
City means the City of Albany, California.
g. 
Motor vehicle shall include any vehicle that is self-propelled or a device by which any person or property may be propelled, moved, or drawn upon a street or highway. Motor vehicle includes but is not limited to a truck, passenger car, motorcycle, off-road vehicle, "dirt bike," all-terrain vehicle, motorized skateboard, "Go-ped," motorized scooter, and any similar vehicle. Motor vehicle does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. Motor vehicle does not include any authorized maintenance or public safety vehicle.
h. 
Parks, recreation and open space areas shall mean those park and recreation areas commonly known as Memorial Park, Ocean View Park, Terrace Park, the Dartmouth-Talbot Tot Lot, the Ohlone Greenway, the Key Route Strip, the Pierce Street Park, and all other parks, recreation and open space areas of the City.
i. 
Sound amplifying equipment shall mean any machine or device for the amplification of the human voice, music, or any other sound. Sound amplifying equipment shall not include a standard automobile radio which cannot be heard outside the vehicle from fifty (50) or more feet away. Sound amplifying equipment shall not include a warning device on an authorized emergency vehicle or horn or other warning device on any vehicle used only for traffic safety purposes.
j. 
Waterfront areas shall mean those public areas west of the freeway which lie between Albany's northern and southern borders.
[Ord. #99-02, § 1; Ord. #99-07, § 1; Ord. #2011-01; Ord. #2014-10; amended 6-7-2021 by Ord. No. 2021-09]
a. 
Notwithstanding §  8-4.4, no person shall use, remain in, or enter upon any waterfront or Albany Hill area between 10:00 p.m. and 5:00 a.m., other than duly authorized City employees, persons participating in City sponsored activities or other activities which the City has provided prior written permission to utilize the waterfront area beyond the closing time. The hours of operation of specific facilities within any waterfront area may also be set by the Director of the Recreation and Community Services Department.
b. 
Notwithstanding §  8-4.4, no person shall use, remain in or enter into Memorial Park between 11:00 p.m. and 5:00 a.m., other than duly authorized City employees, persons participating in City sponsored activities or other activities which the City has provided prior written permission to utilize Memorial Park beyond the closing time. The Director of the Recreation and Community Services Department is authorized to modify the hours of operation for specific facilities within Memorial Park.
c. 
The City Council, by resolution or ordinance, may set hours of operation at additional City-owned properties, including parks, recreational or open space areas.
[Ord. #99-02, § 1; Ord. #99-07, § 1; Ord. #2013-04; Ord. #2014-10; amended 6-7-2021 by Ord. No. 2021-09]
a. 
It is unlawful for any person to engage in camping in any City-owned property, including but not limited to park, recreation, open space, waterfront or Albany Hill area.
b. 
The restrictions contained within this section shall not apply to programs sponsored or cosponsored by the City.
c. 
Absent exigent circumstances related to immediate threats to the public health, safety, or welfare, the provisions of this section will not be enforced against indigent homeless persons sitting, lying, or sleeping on City-owned public property, except where access to said property is limited under § 8-4.3, when no alternative shelter or publicly provided campsite is available in accordance with the holding of Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584.
d. 
In circumstances in which the provisions of this section will not be enforced pursuant to subsection c of this section, camp facilities may be erected with a not to exceed footprint and during hours to be set by the City Council by resolution or ordinance.
[Ord. #99-02, § 1; Ord. #99-07, § 1; Ord. #2014-10; amended 6-7-2021 by Ord. No. 2021-09]
a. 
No person shall build, maintain or light any open outdoor fire within any park recreation, open space, waterfront or Albany Hill area except within those facilities and/or areas provided and designated for that purpose. This prohibition shall also apply to any City-owned property. Exceptions to this requirement must be approved b the Albany Fire Chief. No person shall leave a fire unattended on City owned property.
b. 
No person shall possess or use a personal cooking appliance such as a gas or propane camp stove, portable barbecue or hibachi or similar device in any waterfront or Albany Hill area. Exceptions to this requirement must be approved by the Albany Fire Chief.
[Ord. #99-02, § 1; Ord. #99-07, § 1; Ord. #2014-10]
The possession and consumption of alcoholic beverages and alcoholic beverage containers in park, recreation, open space, waterfront and Albany Hill areas shall be governed by the provisions of Albany Municipal Code Section 8-7. No intoxicated person shall enter, remain or be within any waterfront or Albany Hill area.
[Ord. #99-02, § 1; Ord. #99-07, § 1; Ord. #00-06; Ord. #2014-10]
Unless authorized by the City Manager or designee, it is unlawful to do any of the following in any park, recreation, open space, waterfront or Albany Hill area:
a. 
Dig or remove any soil, rock, stones, trees, shrubs, plants or other wood and/or materials, or make any excavation;
b. 
Construct or erect any building or structure of any kind, whether permanent or temporary, or run or string any public service utility into, upon, or across such areas;
c. 
Attach anything, whether rope, cable or otherwise, to any shrub, tree, fence rail, bridge, bench, or other structure;
d. 
Place or cause to be placed in any waters of any fountains, streams or any other body of any substance, matter, or thing, liquid or solid which may result in pollution of said water;
e. 
Fail to deposit refuse and/or rubbish in the receptacles provided. In the event receptacles are not available, all refuse and rubbish shall be carried away from such areas by the person responsible for its presence;
f. 
Possess or set off any fireworks, or other incendiary devices;
g. 
Store personal property; or
h. 
Use or possess a generator, solar panel, or similar device for generating electricity.
[Ord. #2014-10]
Unless authorized by the City Manager or designee, it is unlawful to do any of the following in any waterfront or Albany Hill area:
a. 
Operate any motor vehicle/bicycle in the Albany Hill open space area (except for City maintenance and emergency services), excluding when designated by the City the area for a motor vehicle/bicycle path along Cerrito Creek or any paved public streets.
b. 
Operate any motor vehicle in the Waterfront area (except for City maintenance and emergency services), excluding any paved public streets.
c. 
Park a motor vehicle, except when in compliance with the directions of a peace officer, in any of the following places:
1. 
In areas where prohibited by "No Parking" signs.
2. 
On any fire trail.
3. 
On any hiking trail.
4. 
Blocking or obstructing any gate, entrance, or exit.
5. 
On any lawn or grassy area.
6. 
In any picnic area.
7. 
On any beach.
8. 
In such a manner as to take up more than one "marked" parking place in any authorized parking area.
9. 
In any area where such vehicle blocks or obstructs the free flow of traffic.
10. 
Adjacent to any curb or roadway striping painted red.
11. 
In any waterfront area parking space for the purpose of commute parking.
12. 
In violation of posted parking restrictions or devices.
13. 
Outside a marked parking space.
d. 
No person shall park a motor vehicle beyond posted parking time limits.
e. 
Any motor vehicle parked or left standing in violation of this section may be removed in accordance with the California Vehicle Code.
[Ord. #2014-10]
No person shall have in his/her possession within any park, recreation, open space, waterfront or Albany Hill area, nor shall any person fire or discharge, or cause to be fired or discharged, across, in, or into these places any gun or firearm, spear, bow and arrow, cross bow, sling shot, BB gun, pellet gun, air, gas, battery or spring powered weapon, or any other dangerous weapon.
[Ord. #2014-10]
a. 
It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet within any park, recreation, open space, waterfront or Albany Hill area or which causes discomfort or annoyance to any reasonable person of normal sensitivity using any of these areas.
b. 
It shall be unlawful for any person within any park, recreation, open space, waterfront or Albany Hill area to use or operate any sound amplifying equipment in such a manner as to disturb the peace, quiet and comfort of park users or any reasonable person of normal sensitivity using any of these areas.
c. 
A violation of this section shall be deemed to exist when the noise produced can be heard at a distance in excess of fifty (50') feet from the source of the noise.
d. 
The restrictions contained within this section shall not apply to programs sponsored, cosponsored, or permitted by the City.
[Ord. #2014-10]
Notwithstanding the provisions of Section 1-9 of this Code, and except as otherwise provided under State law, any violation of any provision of this Section 8-4 shall be a misdemeanor, punishable by a fine not exceeding five hundred ($500.00) dollars or imprisonment for a term not exceeding six (6) months, or by both such fine or imprisonment. In the discretion of the City Attorney, misdemeanor violations may be chargeable as infractions. For violations charged as infractions, the City Administrator or his/her designee may arrest a violator and issue a notice to appear in the manner prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereafter amended). The immunities prescribed in Section 853.9 of the Penal Code shall be applicable to public officers or employees pursuant to this section. Every day any violation of this section continues shall constitute a separate offense.