"Amplified sound"
means music, sound wave, vibration or speech projected or transmitted by electronic equipment, including amplifiers.
"Board"
means the board of directors of the Temecula community services district, or any other person authorized by the board, pursuant to law, to act in its stead.
"Commission"
means the community services commission for the city of Temecula.
"Director"
means the director of community services.
"Knife or dagger"
means any knife or dagger having a blade of three inches or more in length; any ice pick or similar sharp stabbing tool; any straight-edge razor blade fitted to a handle.
"Park"
means any community park, neighborhood park, special use or any other recreational facility maintained by the city of Temecula.
"Vehicle"
means any device by which any person or property may be propelled, moved or drawn, excepting a device moved by human power.
"Vehicular travel"
means travel by a vehicle.
(Ord. 93-19 § 2)
The following rules and regulations apply in all city parks, including special use parks, unless expressly stated otherwise elsewhere in these regulations.
(Ord. 93-19 § 3)
No person shall enter, be or remain in any park unless he complies at all times with all of the city ordinances and regulations applicable to such park and with all other applicable laws, ordinances, rules and regulations.
(Ord. 93-19 § 4)
Any and all individuals shall be provided equal opportunity for the use of any park and any recreational program without regard to physical limitation, age, race, color, national origin, religion, political beliefs or sex.
(Ord. 93-19 § 5)
A. 
Roads for Public Use. The provisions of the California Vehicle Code are applicable in the city parks upon any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of the Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof.
B. 
Surfaces Other than Roads for Public Use. No person shall drive or otherwise operate a vehicle in a park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the commission, and further excepting vehicles in the service of the city, animal control vehicles, law enforcement vehicles and motorized wheelchairs.
C. 
Skateboards. No person shall ride or operate a skateboard in any designated city park unless that person is wearing a helmet, elbow pads and knee pads. Any person failing to do so will be subject to citation under this chapter.
D. 
Bicycles. Bicycles are allowed within city parks.
E. 
Electric Bicycles (E-bikes). No person shall ride or operate an electric bicycle within city parks, except upon Class 1 bike trails that are adjacent to, or within said city parks.
(Ord. 93-19 § 6; Ord. 2024-02, 4/9/2024)
No person shall practice, carry on, conduct or solicit for any commercial occupation, business or profession in any city park, or sell or offer for sale any food, beverage, merchandise, article or anything whatsoever in any city park. This section shall not apply to any person acting pursuant to a contract with the city or the Temecula community services district, or under a permit granted by the commission or director, including any permit issued pursuant to Chapter 8.60.
(Ord. 93-19 § 7; Ord. 19-08 § 5)
No person shall cause, permit or allow any animal owned or possessed by him, or any animal in his care, custody or control to be present in any city park except:
A. 
Equine animals being led or ridden under reasonable control upon any bridle paths or trails provided for such purposes;
B. 
Equine or other animals which are hitched or fastened at a place expressly designated for such purpose;
C. 
Dogs or cats when led by a cord or chain not more than six feet long, or when confined within the interior of a vehicle;
D. 
Dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements;
E. 
Small pets which are kept on the person of the possessor at all times;
F. 
In connection with activities authorized in writing by the commission;
G. 
Fowls or animals turned loose at the direction of the commission.
(Ord. 93-19 § 8)
It shall be the mandatory duty of all persons owning, possessing, in control of or otherwise responsible for a dog, cat or an equine animal in a park to promptly collect, pick up and remove all fecal matter left behind by the animal in or upon any park; provided, however, that this subsection shall not apply to guide dogs for blind or disabled persons or to equine animals on bridle paths.
(Ord. 93-19 § 9)
A. 
Purpose. The city council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry. While recognizing that certain uses of sound-amplifying equipment are protected by constitutional rights of free speech and assembly, the city council nevertheless is permitted and obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from the public nuisance of loud and unnecessary sound.
B. 
Permit Required for Amplifiers. It shall be unlawful for any person to install, use and operate within a park a loudspeaker or any sound-amplifying equipment for the purposes of giving instruction, directions, talks, addresses or lectures, or of transmitting music to any persons or groups of persons in any park, or in the vicinity thereof, except when installed, used or operated in compliance with one of the following provisions:
1. 
By authorized law enforcement or the director; or
2. 
Under a reservation or permit issued by the director, and when operated in accordance with terms of such reservation or permit.
C. 
Granting and Denial of Permit.
1. 
In determining whether to grant or deny a permit, the director shall be guided by the following considerations:
a. 
The constitutional free speech and assembly rights of all persons, including the applicant;
b. 
The possible effects upon the peaceable passage or presence of persons in the park;
c. 
The potential for disorder or unlawful injury to persons or property;
d. 
The potential invasion of other persons' rights of privacy;
e. 
The possible unlawful breach or disturbance of the peace; and
f. 
Any actual conflict with other scheduled park uses or events.
2. 
The director shall not deny a permit on the basis of any dislike for or disagreement with the content of any proposed talks, addresses, lectures or musical presentations. The director may, however, deny a permit for any such events which are designed for the purpose of advocating imminent lawless conduct.
D. 
Power Source for Amplifiers. Amplifiers permitted in parks shall be operated only through a power source provided by the city, a battery or a generator.
(Ord. 93-19 § 10)
No person shall carry or discharge firearms, firecrackers, rockets, torpedoes or other types of explosives, or carry or discharge any gun, or pistol, or any sling shot or similar device, or any bows and arrows, or any other object capable of propelling a projectile, or carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the park, or bring into any park any of the above objects or articles. Fireworks may be permitted for special events only with formal approval from the community services commission and the fire department.
(Ord. 93-19 § 11)
The provisions of the California Dangerous Weapons' Control Law are applicable in city parks and shall be enforced and prosecuted in accordance with the provisions thereof. No person shall carry on his person, in plain view, any knife with a blade in excess of three inches. Daggers are strictly prohibited.
(Ord. 93-19 § 12)
The provisions of Section 12.04.110 shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or for the purpose of lawful recreation.
(Ord. 93-19 § 13)
No person shall cut, break, injure, deface or disturb any tree, shrub, bush, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property, or pluck, pull up, cut, take or remove any shrub, bush, plant or flower, or mark or write upon, paint or deface in any manner any building, monument, fence, bench or other structure within any city park.
(Ord. 93-19 § 14)
No person shall cut, dig or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer within any city park unless approved by the director of community services.
(Ord. 93-19 § 15)
No person shall play or practice the game of golf, including chipping, putting, driving or any other type of play or practice which includes the hitting of golf or similar type ball with a golf or similar type club within any city park.
(Ord. 93-19 § 16)
No person shall swim, fish in, bathe, wade in, release pet animals in or pollute the water of any fountain, pond, lake, stream or reservoir within any city park except by permission of the commission.
(Ord. 93-19 § 17)
No person shall kindle a fire within any city park except in fireplaces provided for that purpose or in barbecues approved by the commission, except by permission of the director.
(Ord. 93-19 § 18)
No person shall wash dishes, or empty salt water or other waste liquids, or leave garbage, cans, bottles, papers or other refuse anywhere in any city park other than in the receptacles provided therefor.
(Ord. 93-19 § 19)
A. 
No person shall be in or remain in any city park, other than a community park, between the hours of nine p.m. and five a.m. of the following day without permission of the director. The provisions of Sections 12.04.250. and 12.04.260 shall govern the granting or denial of such permission.
B. 
Except as otherwise set forth in this section, no person shall be in or remain in any community park between the hours of ten p.m. and five a.m. of the following day without permission of the director. The provisions of Sections 12.04.250 and 12.04.260 shall govern the granting or denial of such permission. The following parks are designated as community parks for purposes of this subsection:
Harveston Community Park
Margarita Community Park
Pala Community Park
Paloma Del Sol Park
Patricia H. Birdsall Sports Park
Any other parks that are designated as community parks by city council resolution.
C. 
No person shall be in or remain in the Ronald Reagan Sports Park, Monday through Friday, between the hours of ten p.m. and eight a.m., or Saturday and Sunday between the hours of ten p.m. to five a.m., without the permission of the director. The provisions of Sections 12.04.250 and 12.04.260 shall govern the granting or denial of such permission.
D. 
No person shall be in or remain in the Redhawk Community Park, Monday through Sunday, between the hours of nine p.m. and eight a.m., without the permission of the director. The provisions of Sections 12.04.250 and 12.04.260 shall govern the granting or denial of such permission.
(Ord. 93-19 § 20; Ord. 06-13 § 1; Ord. 19-15 § 1)
No person shall hold any meeting, service, sporting event, concert, exercise, parade or exhibition in any city park without first obtaining a use permit from the director. The provisions of Sections 12.04.250 and 12.04.260 shall govern the issuance or denial of a permit under this section.
(Ord. 93-19 § 21)
A. 
In accordance with the provisions of Chapter 9.14, "Consumption and Possession of Alcoholic Beverages Prohibited in Certain Public Places," the commission is designated as the body to approve, conditionally approve or deny requests to consume or possess alcoholic beverages in city parks.
B. 
1. 
In accordance with the provisions of Chapter 9.14, the director, or his or her designee, is designated as the person to approve, conditionally approve or deny requests to consume or possess alcoholic beverages at any indoor city public facility. A temporary license from the California Department of Alcoholic Beverage Control, and proof of one million dollars liquor liability insurance coverage and liability insurance coverage identifying the city of Temecula as additional insured, is also required for any such permit.
2. 
No person under the age of twenty-one is permitted to consume alcoholic beverages in any city park or facility.
3. 
Security may be required for events in which alcohol is served, depending upon the type of event at the discretion of the director.
C. 
Sale and Consumption of Alcoholic Beverages in Special Use Parks.
1. 
In accordance with the provisions of Chapter 9.14, the director, or his or her designee, is designated as the person to approve, conditionally approve or deny requests to consume or possess alcoholic beverages at a special use park.
2. 
Alcoholic beverages must be consumed in designated areas.
3. 
A temporary license from the California Department of Alcoholic Beverage Control, one million dollars liquor liability insurance and liability insurance identifying the city of Temecula as additional insured is also required for any such permit.
4. 
No person under the age of twenty-one is permitted to consume alcoholic beverages in any special use park.
5. 
Security will be required for events in which alcohol is sold, as well as events where alcohol is not served.
(Ord. 93-19 § 22; Ord. 97-07 § 3)
The provisions of the California Uniform Controlled Substances Act are applicable in city parks and shall be enforced and prosecuted in accordance with the provisions thereof.
(Ord. 93-19 § 23)
No person shall possess any glass container in any city park.
(Ord. 93-19 § 24)
No person shall use any city park as a primary launch site for hot air balloons unless formally approved by the commission. Motorized airplanes and gliders are prohibited on any city park site.
(Ord. 93-19 § 25)
A. 
Reserved Use. Reserved use (defined as exclusive, permitted use for one or more occasions) of parks shall require obtaining a use permit in a form established by the city manager or designee. The city council may establish use fees by resolution.
B. 
Unreserved Use. Use of all parks, except for special use parks, will be based on first-come, firstserve basis. No use permit is required for this purpose. If a user group wishes to reserve the use of a park, a use permit shall be required, with all applicable fees, rules, regulations, terms and conditions enforced.
C. 
Multiple Park Reservations. If more than one recreational facility is reserved (e.g., two sports fields), applicable fees and deposits shall be charged for each park reserved.
D. 
Sponsored Uses. Any city-sponsored or co-sponsored reserved use shall be deemed a use for city purposes, and shall be exempt from all fees, deposits and permit requirements. Such determination shall be made by the city manager or designee.
E. 
User Groups. User groups designations shall be used to establish or form the basis for variable fee schedules for use permits. The following user groups are established:
1. 
Group I—TCSD-sponsored or co-sponsored leisure and recreational activities;
2. 
Group II—Youth groups conducting nonprofit youth-oriented sports activities, and nonprofit athletic/civic organizations conducting community-oriented leisure or sports activities;
3. 
Group III—Base standard rate for community users on a nonprofit basis;
4. 
Group IV—Profit-making, commercial business or nonresident organizations conducting activities that are for profit and are either open or closed to the public.
F. 
Recurring Use. Recurring use is generally defined as uses of parks on a regularly scheduled basis for more than one occasion (i.e., leagues, etc.).
G. 
Nonrecurring Use. Nonrecurring use is generally defined as use on a one-time-only or special-event basis (i.e., annual picnic, parties or company-sponsored events). A fee and permit are required only when reserved use by an organization is requested.
H. 
Exemption. Due to special or unusual circumstances, the community services commission may exempt user Groups II, III and IV from fees for the use of recreational facilities. It is the responsibility of the specific user group to formally request exemption from the community services commission. The request should stipulate the special or unusual circumstances that necessitate exemption.
I. 
Scheduling Priorities. Scheduling priorities shall be by user groups as indicated previously with Group I having precedence over II, Group II over III, etc. In the event of conflict, the city manager or designee reserves the right to schedule any group. Scheduling of reserved uses will be carried out by the city manager or designee in a fair and equitable manner, to serve the leisure and recreation needs of the citizens of the city.
J. 
Sports Field and Facility. It is recognized that recreational facilities and sports fields vary in type and location. However, fee schedules shall generally apply equally to all sports fields and facilities depending on the level of service required for any individual facility.
K. 
Fee Payment. User permit fees are due and payable at the city of Temecula offices seventy-two hours prior to the use of the park. Charges assessed for damages and grounds cleanup shall include only city's actual cost and are due and payable upon demand to the user. When fees are due and payable at the time a permit is issued, refunds are permitted if sufficient notice is given to the city upon cancellation with five working days' notice for nonrecurring groups.
L. 
Sales and Uses. User groups desiring to use park for fundraising purposes shall be allowed to do so subject to generally applicable policies and fees. Food concessionaires and other users which are determined by the city manager or designee to be solely a commercial undertaking, and without educational, recreational or cultural benefit to the community, shall be selected pursuant to city public bidding procedures.
M. 
Inclement Weather.
1. 
"Inclement weather" is generally defined as weather which, in the judgment of the city manager or designee has left parks in a condition which, if the parks are used, presents a risk of damage to the parks or injury to users.
2. 
Ability to Deny Use. The city manager or designee shall have the authority to deny use of all or any portion of a park to a user based on inclement weather. The city manager or designee reserves the exclusive right to determine that a park use is precluded by inclement weather, and no refund of fees shall be made on the grounds of bad weather or field condition unless the city manager or designee makes such determination.
N. 
Denial of Facility Use. The city manager or designee shall have the authority to deny use of all or any portion of a park to any group or individual who has violated the general policies or rules governing the use of parks or otherwise conducted themselves, individually or as a group, in a manner adversely affecting the peace and enjoyment of the park by reasonable persons.
O. 
Liability Insurance. The city manager shall prepare and approve written regulations governing the insurance requirements for the use of parks. User groups shall comply with the insurance requirements of these regulations as a condition of receiving a permit or approval to use a park pursuant to this chapter. The regulations may be updated as necessary and shall include the following provisions:
1. 
The user groups that are required to obtain insurance for their use of the park based on a schedule of hazardous/risk classifications;
2. 
The type of insurance policies required based on hazard/risk classifications for the proposed activities of the user group;
3. 
The amount of coverage required for such policies;
4. 
Special provisions governing the form of the policy;
5. 
Additional insurance requirements for other city entities;
6. 
Documentation establishing confirmation of required coverages;
7. 
The deadline for a user groups to provide confirmation of required insurance; and
8. 
Such other provisions as are necessary or convenient to protect the city and its related entities and provide for the efficient processing of the required insurance for the rental permit.
P. 
General Compliance. User groups agree to comply with all applicable governmental agencies' ordinances, statutes and regulations and to assume full responsibility for payment of all sales use and possessory interest taxes.
(Ord. 93-19 § 26; Ord. 12-03 §§ 1—8)
A. 
The city council may designate by resolution special use parks. Special use parks are closed to the public except by use permit.
B. 
Any event or activity sponsored or co-sponsored by the city shall have reservation precedence over any other interim event or activity that has requested the use of a special use park.
C. 
No event will be scheduled which is in conflict with another event.
D. 
All event applications must be approved by the director. Any event which will place a major impact on the special use permit may be subject to commission approval.
E. 
An application for use of a special use permit must be completed, signed and submitted ninety calendar days prior to the event date.
F. 
All insurance requirements and fees must be submitted thirty days prior to use.
G. 
If the appropriate application, fees, deposits and insurance have not been received by the city within thirty days prior to the event, the city reserves the right to cancel said event.
H. 
The city reserves the right to enter and inspect special use parks at any time. The user group is required to provide the city with appropriate information and credentials for such purposes.
I. 
The city will not be responsible under any circumstances for the property or equipment of the user group or his or her exhibitors, concessionaires, employees or entertainment.
J. 
The city reserves the right to refuse or cancel the use of special use park site if an event or activity is deemed unsuitable in nature, or may cause undue or unusual damage to the facilities.
K. 
Events will be booked within a twelve-month period. Any event scheduled beyond a twelve-month period will be considered tentative unless a lease agreement has been approved by the city council.
L. 
Returning user groups in good standing with the city shall have first option for the use of facilities with corresponding days from year to year unless a separate lease agreement has been approved by the city council.
M. 
The scheduling of events on the following holidays will be considered on a case-by-case basis and at the discretion of the director: Independence Day, Thanksgiving, day after Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve, New Year's Day, Easter and other holidays.
(Ord. 93-19 § 27)