For the purpose of this chapter,
the following definitions shall apply:
"Camp"
means to reside in or use a park for living accommodation
purposes, as exemplified by remaining for prolonged or repetitious
periods of time not associated with ordinary recreational use of a
park with one's personal possessions (including, but not limited to,
clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks,
kitchen utensils, cookware, and similar material), sleeping or making
preparations to sleep, storing personal belongings as above defined,
regularly cooking or consuming meals, or living in a parked vehicle.
These activities constitute camping when it reasonably appears, in
light of all the circumstances, that the participants, in conducting
these activities, are in fact using the area as a living accommodation
regardless of the intent of the participants or the nature of any
other activities in which they may also be engaging.
"Organized"
means regularly scheduled or regularly recurring; or involving
15 or more participants; or scheduled, or publicized, or promoted
in advance; or conducted or directed by an individual, or group of
individuals, or an organization; or instructional or directional in
nature; or participants wearing uniforms, vests, or other clothing
and/or equipment that clearly designates opposing teams.
"Pier"
means the public fishing pier located on the ocean in the
City of Imperial Beach adjacent to Portwood Pier Plaza.
"Public facility"
means any place, structure, area or other facility owned,
maintained or controlled by the City, not including public streets
and sidewalks.
"Public park"
includes, but is not limited to: Dunes Park; Veterans Park
(including the multipurpose turf field); Portwood Pier Plaza; Imperial
Beach Sports Park (including the skateboard park); Tijuana Estuary
Boardwalk; Reama Park; Teeple Park; any municipal park, trail, recreation,
or reserve area that is owned, managed, or controlled by the City
and under the jurisdiction of the City Manager; all dedicated parks
and traffic islands maintained by the City; or any additional park
space or recreation facilities identified on Table P-1 of the City's
General Plan. "Park" does not include recreation facilities or tot
lots owned and maintained by private associations.
"Public parking lot"
means any place, structure or area owned or leased by the
City and operated as an off-street parking facility.
"Public playground"
means a place, structure, area, or other facility under the
jurisdiction of the government body of the City used for community
recreation purposes such as playing fields or courts, swimming pools,
gymnasiums, auditoriums and meeting places.
"Skateboard park"
means the skateboard park located at 425 Imperial Beach Boulevard
immediately south of the Sports Park Recreation Center.
"Sports park"
means the City's sports park located at 425 Imperial Beach
Boulevard.
"Turf field"
means the City's Veterans Park Youth Multipurpose Turf Field
located at 1075 8th Street.
(Ord. 2001-964 § 2; Ord. 2010-1101 § 1; Ord. 2010-1106 § 1; Ord. 2022-1214 § 4; Ord. 2023-1238, 11/15/2023; Ord. 2024-1245, 5/15/2024)
It is unlawful and no person shall do any of the following acts
within the premises of any public park or public playground:
A. Transport,
carry, fire or discharge any firearm, weapon, air gun, slingshot,
firecracker, torpedo, or explosive of any kind;
B. Discharge
any firecracker, bomb, torpedo, rocket, or other fireworks; provided,
however, that supervised public displays of fireworks by the City
may be permitted pursuant to the fire code as adopted by the City;
C. Pick,
dig, remove, carry away, injure, destroy, or deface wood, soil, leaf
mold or rock, or any tree, flower, plant or shrub, building, fence,
bench, table or other structure, apparatus or property within any
public park, public facility or recreation area, except with the permission
of the City Manager;
D. Violate any of the provisions of Section
6.04.065 of this code.
E. Take,
kill, wound or maltreat any bird or animal, either wild or domesticated,
except at the direction of the City Manager or designee;
F. Set up, maintain or give any exhibition, show, performance, lecture, concert, organized speech or funeral service, place or games of amusement (i.e. dunk tanks, air inflated jump houses, pony rides, etc.) or concert hall without first qualifying for, receiving approval for, and obtaining a special event permit issued by the City in accordance with Section
12.33.020 of this code and any current City regulations for special events;
G. No
person shall throw or deposit any commercial or noncommercial handbill
circulars, pamphlets, tracts, or advertisements in or upon any sidewalk,
street, or other public place within the City. Nor shall any person
hand out or distribute or sell any commercial handbill in any public
place; provided, however, that it is not unlawful on any sidewalk,
street or other public place within the City for any person to hand
out or distribute, without charge to the receiver thereof, any noncommercial
handbill to any person willing to accept it. No person shall post
or affix to any pole, tree, car, fence or structure situated therein
any kind of handbill, circular, pamphlet, tract, or advertisement;
H. Vend, offer for sale or dispose of goods, wares or merchandise, or conduct any business unless authorized to do so by the City Council or designee, except that nothing in this provision shall prohibit religious or political solicitations or sidewalk vendors in compliance with Chapter
4.64 of this code;
I. Stop or park a food vending vehicle or other vehicles within a public park or adjacent parking lots or upon a public street immediately adjacent to a public park for the purpose of, or to sell, give away, display or offer for sale any food or beverage product from that vehicle, except as allowed as a sidewalk vendor in compliance with Chapter
4.64 of this code;
J. Build,
kindle or light, or permit to be built, kindled, or lighted, a fire
except in picnic stoves, fire rings, or fireplaces provided for that
purpose. No person shall throw away any lighted cigar, cigarette,
tobacco, lighted match, or other matter that could set fire to any
grass, shrubs, or buildings;
K. After
using a stove, permit such stove to remain in any untidy condition,
or fail to clear away therefrom all cooking utensils and other materials;
L. Place
any food, dishes, cooking utensils or other things in any stream,
lake, pond, pool, fountain, or at any hydrant for the purpose of cleaning
the same, nor shall any person use any stream, lake, pond, pool, fountain,
or hydrant for washing, swimming or bathing, or otherwise pollute
the same;
M. Leave
or throw away any garbage, refuse, cans, ashes, bottles, broken glass
or like substances, except into containers provided for that purpose;
N. Except when authorized by a permit issued by the City Manager or designee, pursuant to Chapter
9.32 of this code, no one shall operate a radio, television, stereo or any similar electronic or mechanical device capable of producing or emitting sound at a volume where the sound is audible at a distance greater than 50 feet from the point of emission;
O. Play
baseball, football, or any other game of ball, cricket or other sports
activity, except in any such place as shall be specifically designated
for that purpose;
P. Drive
or ride a bicycle, motorcycle, automobile, or any other vehicle on
any pedestrian walk or a designated bicycle path, unless authorized
by the City Manager or designee. No person shall drive any such bicycle,
motorcycle, motor vehicle or other vehicle at a greater speed than
that specified by traffic ordinance by the City Council for a road
within a public park or public playground and indicated by a sign
or signs placed along such road;
Q. Leave
or park any automobile, motorcycle or other self-drive vehicle on
any park property, except at such place or places as are provided
for and designated as places for the leaving or parking of automobiles,
motorcycles or other self-driven vehicles;
R. Leave
or park any motorcycle or motor vehicle on any driveway or at any
other place, except at such place or places as are provided for and
designated as places for parking motorcycles, motor vehicles or other
vehicles, or for hitching horses;
S. Obstruct
the free travel of vehicles or pedestrians on any road, avenue, walk,
or path;
T. Consume any spirituous, vinous, malt, or other intoxicating liquors, containing more than one-half of one percent of alcohol by volume, or possess an open container of alcoholic beverage in violation of Section
9.04.010 of this code;
U. Possess
any glass container;
V. Possess
a beer keg or any similar single container capable of containing or
containing more than one gallon of beer classified as an alcoholic
beverage;
W. Sell or distribute any alcoholic beverage in or on any public park, public playground or public parking lot or public building without first having received a permit from the City Manager and having paid the fees required therefor. The issuance of a permit by the City Manager shall operate to suspend the enforcement of Section
9.04.010 of this code on such specific dates and times and at such specific locations as described upon the permit, which locations are limited to Pier Plaza, Dunes Park, Veteran's Park, and the Senior Center;
Y. Camp,
lodge or sleep overnight, or between the hours of 10:00 p.m. and 7:00
a.m.;
Z. Dispose of human waste in other than a designated facility, as provided in Chapter
9.40 of this code;
AA. Erect,
maintain, use, or occupy any tent, lodge, shelter, or structure on
any public park or public play-ground, unless the tent, lodge, shelter,
or structure has two sides open and there is an unobstructed view
of the interior from the outside on at least two sides, or between
10:00 p.m. and 7:00 a.m.;
BB. Erect
upon any public park or public playground a canopy, screen, beach
cabana, or sun shade in excess of 100 square feet in size or without
at least two sides completely open to public view, or between 10:00
p.m. and 7:00 a.m.;
CC. Store
personal property, including camp facilities and camp paraphernalia;
DD. Place,
erect or set any equipment, such as a canopy, umbrella, wall or any
other object upon any public park or public playground which may unreasonably
obstruct or impede the view or access of:
1. Public safety personnel at any time, or
2. Any member of the public during events issued a City special events
permit;
EE. To operate a bicycle, skateboard, scooter, or roller skates, except as allowed pursuant to Section
12.56.055 of this code inside the skateboard park.
(Ord. 2001-964 § 2; Ord. 2018-1176 § 5; Ord. 2019-1182 § 2; Ord. 2019-1183 § 9; Ord. 2022-1212 § 6; Ord. 2022-1214 §§
2, 9, 21; Ord. 2023-1241, 1/17/2024)
A. It is unlawful to engage in any organized activity within a public
park unless:
1.
The area is specifically designated by posted signs for organized
activity without the requirement of a permit; or
2.
The person or group has obtained a permit for such organized
activity from the City Manager, or designee.
B. Any person or group desiring to make reservations for such organized
public park use must complete a permit application or special event
application, as applicable, and pay the required fee(s) to the City
in advance of such organized use.
C. Any persons engaged in organized activity without a use permit authorizing
them to do so will not be permitted to install items into the ground,
whether grass, dirt or other material, or to use equipment that may
result in damage to the public park property, including, but not limited
to, goals or workout equipment. If evidence of damage to public park
property exists, the person with a use permit or special event permit
will be required to cease use of any installed or used equipment.
(Ord. 2023-1238, 11/15/2023)
The City Manager shall establish policy criteria for permits
issued pursuant to this chapter. Fees authorized by this chapter shall
be established, from time to time, by City Council resolution.
(Ord. 2001-964 § 2)
In addition to the rules and regulations found in this chapter
and Section 8.84.030(12) of this code, the following restrictions
shall also apply to the use of the skateboard park:
A. No
person shall use inline skates with more than five wheels. Only inline
skates with no more than five wheels, Razor scooters as defined in
this section, and skateboards are to be used in the skateboard park.
A "Razor" scooter is defined as a compact folding kick scooter. It
consists of a handlebar, deck and wheels and it is propelled by the
rider pushing off the ground. The basic Razor scooter design has an
aluminum frame with 98 millimeter polyurethane wheels.
B. No
person shall enter, remain in, or use the skateboard park without
wearing the required helmet, kneepads, and elbow pads that are commercially
manufactured and designed for skateboarding or inline skating. This
does not apply to any duly authorized City employee performing the
duties of his or her job inside the skateboard park.
C. No
person shall use skateboards, Razor scooters, or inline skates with
metal wheels.
D. No
person shall use a bicycle in the skateboard park.
E. No
formal contests of any kind are allowed in the skateboard park without
the written approval of the City of Imperial Beach Parks and Recreation
Department.
F. No
unauthorized obstacles, equipment, materials, or apparatus may be
brought into or used in the skateboard park.
G. Notwithstanding the provisions of Section
12.56.025, the hours of operation of the skateboard park shall be from 9:00 a.m. to dusk. It shall be unlawful and no person shall use the skateboard park between the hours of dusk and 9:00 a.m. or when the park has been closed as specified below. If needed to protect the public's health, safety or general welfare, the City Manager and/or designee may temporarily or permanently change the skateboard park hours of operation. The City Manager or designee may also temporarily close the skateboard park for public health and safety reasons, maintenance, special events, instructional clinics and other City-sponsored activities. Such temporary closures shall be noted by the placing of signs in conspicuous locations at or near the skateboard park. If deemed by the City Manager or designee that a hazardous condition exists within the skateboard park, the gates will be locked until that condition has been eliminated.
H. At
any time, the City Manager or designee is authorized to create and
post additional rules and regulations, the violation of which may
be punishable by expulsion from the skateboard park.
(Ord. 2010-1106 § 2; Ord. 2011-1122 § 1; Ord. 2022-1214 § 14)
In addition to the rules and regulations found in this chapter,
the following restrictions shall also apply to use of the sports park:
A. All
groups desiring to make reservations and obtain a permit to use the
ball fields must complete a reservation request form provided by the
City, submit a refundable cleaning and security deposit and pay the
required fee(s) at the time of request.
B. The
City Manager shall approve and designate reservation policies for
the use of the ball fields, including appropriate reservation procedures
and deposits. The City Council shall, from time to time by resolution,
establish applicable fees.
C. At
the conclusion of a group's use of a ball field, a City representative
shall inspect the area to determine that it has been cleaned and that
no damage has occurred. Upon confirmation that the area is in satisfactory
condition, the cleaning and security deposit shall be refunded. However,
if the area has not been properly cleaned or damage to public property
is noted, the City Manager or designee will cause it to be cleaned
or repaired with the actual costs of said work being deducted from
the cleaning and security deposit. If the costs of cleaning or repair
exceed the amount of the deposit, the group or organization reserving
the ball field will be billed for the balance due. The Administrative
Services Director shall forward to the group an accounting of City-
incurred expenses in explanation of use of deposited funds and/or
additional billing requests. Interest shall accrue on all balances
not paid within 30 days after the billing date at the rate of one-half
of one percent per month or fraction thereof on the original balance
due, from the date on which the remittance first became delinquent
until paid.
D. Groups
shall not exceed the maximum size for the assigned area. Any group
exceeding the maximum as determined by the City Manager or designee
will forfeit its cleaning and security deposit. This occurrence may
also be grounds for disapproval of future requests.
E. Reservations
cancelled less than seven days in advance will be subject to a cancellation
fee. The cancellation fee shall be in such amount as determined by
City Council resolution. If the reservation is cancelled seven days
or more in advance, the use fee and cleaning and security deposit
will be refunded in full. Cancellations must be made during normal
business hours of the recreation services office and may be made by
telephone or in person. In the event of inclement weather, the group
may either receive a full refund of the use fee and the cleaning and
security deposit or reschedule its reservation.
F. All
groups must be confined to assigned areas, unless they are involved
with recreational activities. No picnic tables, benches, grills, or
other park equipment may be moved from any other area without express
permission from the City Manager or designee. Groups may not change
assigned fields without permission of the City Manager or designee.
G. All
group members and caterers must use the parking area(s) designated
by the City on the reservation form. Any vehicle not parked in such
designated area(s) or space(s) may be ticketed.
H. Failure
to comply with all rules and regulations contained herein may result
in cancellation of the use permit, forfeiture of all deposits and
fees, and arrest and fine.
I. Ball
fields shall be available for use by members of the general public,
on a first-come, first-served basis, unless such ball field is reserved
for use by a group and a valid permit is issued for said reserved
use.
J. It
is unlawful for any person(s) to use a ball field, if reservations
have been made by, and City has issued a permit to, another person
or group of persons for such use. The use of such fields shall be
designated by signs posted by the City for that purpose.
K. It
is unlawful for any person or group of persons, who do not possess
the necessary permit, to fail or refuse to promptly leave a ball field,
following notification by a City representative or law enforcement
officer.
(Ord. 2001-964 § 2; Ord. 2012-1133 § 40; Ord. 2022-1214 § 18)
In addition to the rules and regulations
found in this chapter and Section 8.84.030(A)(12) of this code, the
following policies and restrictions shall also apply to use of the
multipurpose turf field:
A. The multipurpose turf field is open from
sunrise to sunset unless otherwise permitted by the Imperial Beach
Parks, Recreation and Community Services Department.
B. The multipurpose turf field is designated
for active sports and recreation and organized athletic activity only.
City programs, events and permitted filming/photography are exempt.
C. The multipurpose turf field is a multi-use
sports facility.
D. The City Parks, Recreation and Community
Services Department shall be responsible for scheduling and permitting
the use of the multipurpose turf field for all organized sporting
events and other activities.
E. The multipurpose turf field is located
close to residential homes and is subject to the permit holder following
good neighbor rules. Permit holders must require participants to refrain
from excessive noise or using whistles prior to 8:00 a.m. Monday -
Saturday and 9:00 a.m. on Sundays and avoid unnecessary amplified
noise at all times. Permission must be received in writing from the
Parks, Recreation and Community Services Department to utilize amplified
sound.
F. The City shall, from time to time by resolution,
establish applicable fees for use of the multipurpose turf field.
G. Unless the multipurpose turf field is reserved
for use in an organized sporting event coordinated by a community
group, non-profit, or sports league and reserved with a permit through
the City Parks Recreation and Community Services Department, the multipurpose
turf field shall be available for use by members of the general public
on a first-come, first-served basis for non-organized use.
H. No organized, reoccurring or commercial
vendor use permitted on the multipurpose turf field without a permit
issued by the Parks, Recreation and Community Services Department.
I. It is unlawful for any person or group
of persons, who have not reserved the multipurpose turf field to fail
or refuse to promptly leave the multipurpose turf field following
a request to do so by a representative of the City, or a law enforcement
officer.
J. Any reservation permit is for the designated
multipurpose turf field space only. The open green space and parking
lots are public access ways and not part of the rental. All permit
groups must keep a copy of their permit on hand in case a conflict
or inquiry occurs. Permits must be made available to view by City
staff persons during permitted time if requested.
K. Golfing is prohibited on the field.
L. Every player using the soccer field shall
clean his or her footwear prior to accessing the field to avoid soiling
or staining the field from dirt or mud.
M. Metal cleats and V cleats are prohibited
on the field. Users must wear molded cleats or other athletic shoes.
N. Sharp objects, including tent stakes, corner
flags, or other objects that can penetrate the surface of the field,
are prohibited.
O. Only existing marked athletic lines may
be utilized by users. No additional athletic lines/markings allowed.
P. Permit users may only use freestanding
field markers and sports equipment on the multipurpose turf field.
Q. No food, beverages, cans or bottles (whether
plastic or glass) shall be permitted in the activities area of the
multipurpose turf field. Water is allowed in a closed container.
R. Smoking and alcoholic beverages are prohibited in all City parks pursuant to Chapter
8.84.
S. No pets are allowed on the field.
T. Bicycles, skateboards, scooters or other
unapproved vehicles are prohibited on the field.
U. Only approved athletic equipment listed
on permit application and approved may be used on the field.
V. All litter and debris must be picked up
and deposited into trash receptacles, where provided, or removed from
the premises. All turf field users are responsible for the condition
in which they leave the facility.
W. Only the gates shall be utilized to enter
and exit the field. "Fence hopping," or sitting on the fence is prohibited.
X. No music is allowed at the field without
a sound amplification permit.
Y. A temporary banner permit is required to
place banners/signs on field perimeter fences.
Z. No outside lights are allowed to be used
at the field.
AA.
Any behavior or activity that is
determined by the on-site staff person as unsafe, a violation of park
rules or unsportsmanlike conduct is prohibited. Examples of unsportsmanlike
conduct include, but are not limited to: aggressive, intimidating,
abusive or threatening actions, cursing or fighting. Law enforcement
officials may be called, and violators may be required to vacate the
premises or may be subject to arrest.
(Ord. 2010-1101 § 2; Ord. 2022-1214 § 13; Ord. 2024-1245, 5/15/2024)
A. It
is unlawful in a City park to use a group picnic shelter or other
public area designated for group use of 25 or more persons without
prior authorization from the City or its designees. Group picnic shelters
for groups of 25 or more persons shall be designated by signs posted
by the City for that purpose.
B. No
person shall use any public park, public playground, public parking
lot or public building for an activity for which a fee is charged
without first having paid the fee required therefor and having received
all required permit(s). The use, occupancy or permitting a vehicle
to remain upon the park grounds between 10:00 p.m. and 7:00 a.m. for
any purpose shall also require a permit from the City Manager.
C. All
groups desiring to make reservations for a group picnic shelter or
other public area must complete a park reservation request form, submit
a refundable cleaning and security deposit, and pay the required fee(s)
at the time of request. Upon submission of a completed park reservation
request form presented in advance as required by the applicable City
policy, the City Manager, or designee, will issue a park use permit
under this chapter provided the required fees and deposit has been
paid, unless the City Manager, or designee, finds that the event or
activity will violate any provisions of this code or applicable City
policy or cause any of the following conditions to occur:
1. Violate
local, state or federal law;
2. Exceed
the capacity of the City park, recreation center, or ball field for
safe conduct of the event;
3. Present
a clear and present danger to the health, safety or welfare of the
public or other park users;
4. Conflict
with the terms or conditions of a valid prior issued permit or agreement;
5. Involves
the use of machinery or equipment which can damage park or recreation
property;
6. Involves
activity, equipment, or a number of persons or a combination thereof
which, in the opinion of the City Manager or designee, is or constitutes
a threat to public health and safety.
D. It
is unlawful for any person or group of persons within a City park,
without a permit issued by the City, to fail or refuse to promptly
leave a picnic shelter or other public area designated for group use
by 25 or more persons following notification by a park ranger or other
person designated for that purpose by the City, or a police officer.
(Ord. 2001-964 § 2; Ord. 2022-1214 § 16)
All user groups must be under the direction of their own leadership.
Only responsible adult leaders will be issued permits for groups of
minors and there must be at least one adult present for each 25 minors.
(Ord. 2001-964 § 2)
The granting or refusal of any permit by the City Manager, or
designee, pursuant to this chapter, shall be final unless appealed
to the City Council within 10 days from the date of service of written
notice of the decision of the City Manager, or designee. Failure to
file an appeal within such 10-day period shall constitute a waiver
of the right to such appeal. Appeals shall be filed with the City
Clerk and accompanied by a nonrefundable fee. The amount of such fee
shall be as determined by resolution of the City Council, from time
to time.
(Ord. 2001-964 § 2; Ord. 2022-1214 § 19)
It is unlawful or any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter
1.12 of this code.
(Ord. 2001-964 § 2)