Unless otherwise reserved pursuant to this chapter, city parks
are available to the public for general active and passive recreational
use and constitutionally protected expressive activities in accordance
with the design and character of the area being used. No reservations
shall be taken for general use of parks. Except as expressly authorized
otherwise in this chapter, parks are to be used only with the structures,
equipment and other facilities provided by the city. No additional
tables, booths, tents or structures may be erected or installed for
general use activities.
(Ord. 1107 § 2, 1986; Ord. 1307 § 1, 1995; Ord. 1467 § 3, 2007)
(a)
In accordance with the provisions of Section 18.28.010 of this chapter, the hard surface cobblestone area located in the southerly portion of Main Beach Park shall be available not more than five days per month on a first-come, first-served basis by reservation through the city for the conduct of constitutionally protected expressive activities involving the use of structures. Such activities, which shall be sponsored by an individual or organization, may be conducted by the same individual or organization on not more than two days in any consecutive six-month period if conducting such activities more frequently would result in the exclusion of any other individual or organizations from using the cobblestone area to conduct constitutionally protected expressive activities involving the use of structures. For the purposes of this section, "constitutionally protected expressive activities involving the use of structures" shall mean and refer to conduct and activities that encompasses, entails or includes the erection and use of stages, tables, barricades, utility poles, booths, tents or other temporary structures in addition to the tables, benches, permanent structures, equipment and facilities provided by the city, and the sole or principal purpose of which is the expression, dissemination, or communication by verbal, visual, literary or auditory means of opinion, views or ideas.
(b)
In accordance with the provisions of Section 18.28.010 of this chapter, the hard surface cobblestone area located in the southerly portion of Main Beach Park shall be available not more than two days per month on a first-come, first-served basis by reservation through the city for the conduct of art and craft shows and sales. Such activities, which shall be sponsored by an individual or a nonprofit organization, may be conducted by the same individual or organization on not more than fourteen days in any calendar year. All arts and crafts on display and offered for sale must have been made by the exhibitor, and all exhibitors must be residents of the city. Each exhibitor must have a Laguna Beach business license and shall display his or her state resale number.
(c)
The planning of such activities and location of such structures as are authorized in subsections (a) and (b) of this section shall comply with all applicable public health and safety requirements and shall be coordinated with the city so that the activity is carried on in a manner which will minimize to the greatest practical extent the prevention of or substantial interference with the ordinary and normal public usage of Main Beach Park for active and passive recreational and aesthetic enjoyment and constitutionally protected expressive activities. No single structure in excess of six hundred square feet in area or in excess of eight feet in height shall be allowed.
(Ord. 1128 § 1, 1987; Ord. 1307 § 2, 1995; Ord. 1325 § 1, 1997; Ord. 1364 § 1, 2000; Ord.
1467 § 4, 2007)
The following regulations shall apply to all city dog parks:
(a)
Owners and/or handlers are legally responsible for their dogs and
any injuries to people or other dogs and/or damage caused by them.
(b)
All dogs must have current licenses and required vaccinations, and
be wearing a collar or harness with a visible registration dog tag.
(c)
Dogs in heat, pregnant or lactating are not permitted inside the
dog park.
(d)
Digging is not permitted anywhere in the park. Owners and/or handlers
are responsible to fill any holes dug by their dog.
(e)
Owners and/or handlers may not bring more than three dogs at any
one time to the dog park.
(f)
Owners and/or handlers must keep close visual contact with their
dogs and be aware of their actions at all times. Dog owners and handlers
must remain in a "hands free" condition and capable at all times to
use both hands to control their dog.
(g)
Commercial dog training is prohibited in city dog parks, unless specifically
permitted by the city. Commercial dog training shall be defined as
any training activity where a person is receiving compensation, donations,
or anything of value for training a dog.
(Ord. 1676 § 4, 2022)
Riddle Field is intended for youth baseball play. No hitting
of baseballs by persons over the age of fourteen is permitted unless
for a permitted youth baseball activity. Riddle Baseball Field closes
at dusk unless a permit for lights has been issued.
(Ord. 1676 § 5, 2022)
Parks may be reserved through the city for athletic contests, events or activities in areas designated for such use. Practice or training sessions may also be approved under this section. Special structures to be used in conjunction with these activities shall be subject to the discretionary review and approval by the city. The intent of this section is to provide for the integrity of various community sports leagues and sports events by facilitating the harmonious scheduling of their activities. Parks may be used for outdoor athletic contests under the provisions of Section 18.28.010 as well where no special structures are involved.
(Ord. 1107 § 2, 1986)
(a)
No person shall participate in any organized play on any park, soccer
field, baseball field, tennis/pickleball courts, sand volleyball court,
pool or other recreational facility owned, operated, or controlled
by the city without first receiving a permit issued by the city which
authorizes the organized play at the particular site.
(b)
The term "organized play" as used in this section shall mean six
persons or more engaging as a member of a league, sports association,
or commercial enterprise in a team sport athletic contest, such as,
but not limited to, soccer, lacrosse, baseball, softball, football,
basketball, tennis, pickleball, sand volleyball, running, swimming,
or training.
(c)
In determining whether or not to issue a permit, the city manager,
or designee, shall consider the following and any other factors he
or she deems relevant:
(1)
The suitability of the particular facility for the proposed play.
(2)
The effect of the activity on the neighborhood.
(3)
The limitation on the availability of the facility for spontaneous
recreational use by the public caused by the permitted use of the
facility.
(4)
Priority shall be given to groups composed of residents of the city.
(d)
The city manager, or designee, may place reasonable conditions on
the issuance of a permit as he or she deems necessary and proper to
protect the public welfare, including, but not limited to:
(1)
Restrictions on the number, age and other designations of persons
who may participate in such permitted play.
(2)
Restrictions on the season, days of the week and time of day that
the particular facility may be used by the permittee.
(3)
Provisions for the maintenance by the permittee of the sanitation,
cleanliness, and appearance of the facility. At times, portable restrooms
may be required for special events.
(4)
Provisions for security and the maintenance of law and order, including
compliance with noise, parking, safety, and other appropriate regulations.
It is at the city's discretion to require security on the premises
to enforce the policies of field use. If security is deemed necessary,
it is the responsibility of the user group or individual to obtain
security personnel at the user's expense. A letter of confirmation
from the security agency must be submitted prior to field approval.
(5)
Restrictions on the installation of apparatus or modification in
any manner, either temporary or permanent, by the permittee to the
sports field or adjacent structures.
(6)
Provisions for the posting liability insurance by the permittee.
(e)
In the event that any of the conditions of the permit are violated
by the permittee or for other good cause shown, the city may suspend
or revoke the permit after notice to the permittee.
(f)
When a permit is issued for organized play at a park, soccer field,
baseball field, tennis/pickleball court, sand volleyball, pool or
other recreational facility pursuant to this section for use of said
facility at a particular time, and that facility is being used by
one or more persons who do not hold a permit to use the facility at
that particular time, the non-permit holders shall immediately vacate
the facility upon arrival of the permit holders.
(Ord. 1676 § 6, 2022)
Certain areas designated for informal weddings may be reserved
through the city on a first-come-first-served basis, upon payment
of a nonrefundable fee to be established by resolution. No additional
tables or chairs or other facilities may be erected for such ceremonies.
No alcoholic beverages shall be served and no amplified sound shall
be permitted. The maximum number of the wedding party and guests shall
not exceed fifty people in the Gazebo at Heisler Park or at Crescent
Bay Park. Up to ninety-five people are allowed per wedding in other
locations in Heisler Park. No more than two weddings per day shall
be permitted at Crescent Bay Park.
(Ord. 1107 § 2, 1986)
Areas of parks may be reserved for commercial filming in accordance with Chapter 5.66 of this code.
(Ord. 1107 § 2, 1986)
Any outdoor gathering, concert, festival, art show or exhibitions involving the use of structures and not otherwise provided for in this chapter or elsewhere in this code shall be held at Irvine Bowl Park. The use of the amphitheater and festival grounds at Irvine Bowl shall be on a first-come, first-served basis by reservation through the city and is subject to the requirements of any existing or subsequently approved lease of those facilities. Nothing in this chapter shall be construed to supersede the provisions of any such lease. Outdoor gatherings to be attended by more than two thousand five hundred persons require a license pursuant to Chapter 5.68 of this code.
(Ord. 1107 § 2, 1986; Ord. 1467 § 5, 2007)
The city council finds and declares that, in consideration of
the city-wide ban on the use of fireworks, it is in the interest of
public health, safety and general welfare to permit and conduct a
public fireworks display at Main Beach on or about July 4th of each
year to celebrate Independence Day.
(Ord. 1107 § 2, 1986)
(a)
The city manager or designee shall be responsible for the administration
of this chapter and shall develop application forms and any further
internal city rules, regulations and requirements consistent with
this chapter and deemed necessary to administer it. The city council
from time to time by resolution may establish beach and park use reservation
permit application processing fees and use fees, not otherwise provided
by other applicable law, the Municipal Code, city council resolution,
or other agreements that may be approved by the city council from
time to time. At the sole discretion of the city, maintenance efforts
and other contributions may be accepted in lieu of such use fees.
Subject to the first-come, first-served requirements of this chapter,
reservation applications shall be submitted in writing at least fifteen
business days before the date of the proposed activity on a form approved
by the city manager or his/her designee. Reservation applications
shall be processed in order of receipt and issued or denied on or
before the fifth business day after submittal to the city. Reservation
permit applications shall be denied only if (1) the reservation application
is not fully completed and executed or contains a material falsehood
or misrepresentation, or the applicant has on prior occasions made
material misrepresentations regarding the nature or scope of activity
previously permitted or has violated the terms of a previous permit;
(2) the applicant has not tendered any required application fee, indemnification
agreement, or insurance certificate; (3) a fully executed prior application
for a reservation permit for the same time and place has been received
and has been or will be granted to a prior applicant or the use or
activity intended by the applicant would conflict with previously
planned activities organized and conducted by the city and previously
scheduled for the same time and place; (4) the proposed use or activity
intended by the applicant would present an unreasonable imminent danger
to the health or safety of the applicant, other users of the park,
city employees, or the public, or cause damage to any public or private
property, or will create an unreasonable demand upon the city's emergency
services personnel and equipment so as to cause potential imminent
deficiencies in such services and endanger the public health and welfare;
or (5) the proposed use or activity is prohibited by law. If a reservation
application is denied, the city manager or designee shall notify the
applicant in a writing that clearly sets forth the grounds for such
denial, and, where feasible, shall suggest alternative times or places
to conduct the proposed use or activity or propose any measures by
which the applicant may cure any defects in the reservation application.
(b)
Application and use fees established from time to time by the city
council in accordance with this section for constitutionally protected
expressive activities shall be reasonably related to the city's actual
costs incident to the administration of this chapter or the provision
of city services. When establishing or requiring payment of application
or use fees or the amount of liability insurance coverage, providing
a waiver of fees or insurance requirements, establishing or accepting
in lieu contributions as an alternative to fees, issuing or denying
a reservation permit, or otherwise acting in enforcement of this title
as applied to constitutionally protected expressive activities, no
consideration shall be given as to the identity or associational relationships
of the reservation applicant, the content, subject matter, or viewpoint
of any expression or message communicated by or during a proposed
activity, or to any assumptions or predictions of the amount of hostility
that may be aroused in the public by the content, subject matter or
viewpoint of the expression or message conveyed by the applicant or
proposed activity. No applicant for or recipient of a reservation
permit for constitutionally protected activities involving the use
of structures shall be required to provide or pay the cost of public
safety personnel necessary to provide for the protection of the applicant
and its attendees from hostile members of the public, traffic control
or general law enforcement in the vicinity of the proposed activity.
Except as expressly provided otherwise in this section, in establishing
or imposing application and use fees, the amount of liability insurance
coverage or premiums, a waiver of fees or insurance requirements,
or the acceptance of in-lieu contributions consideration shall be
given only to physical attributes of the proposed activity consisting
of the type, size and number of any proposed temporary structure(s),
the estimated attendees, excluding hostile members of the public or
counter-demonstrators, at and duration of the activity, and the reasonably
estimated extra city personnel hours anticipated to be used for such
activity.
(c)
The sponsors of activities conducted pursuant to a reservation permit
under this chapter shall be responsible to monitor the area in which
the activity is being conducted, to collect and dispose of all litter
generated by the sponsor in connection with the activity, to remove
all structures used in connection with the activity upon its conclusion,
and to otherwise restore the area used to its pre-existing condition
if any alteration of the area has resulted from the conduct of the
sponsor or any person who was or reasonably should have been within
the sponsor's control. The sponsors of activities involving the use
of structures and requiring a reservation permit also shall be required
to obtain: (1) a standard policy of liability insurance naming the
city as an additional insured with respect to any liability, loss,
damage or injury incurred by the city, or by any other person and
claimed against the city, which is proximately caused by the sponsor
or its officers, agents, or employees or any person who was or reasonably
should have been within the sponsor's control; (2) agree to reimburse
the city for any costs incurred by it in restoring damage to or cleaning
public property after the activity as is necessary due to damage or
degradation which is proximately caused by the sponsor or its officers,
agents, or employees or any person who was or reasonably should have
been within the sponsor's control; or (3) agree to defend, protect,
indemnify and hold the city free and harmless from and against any
and all liability, loss, damage or injury incurred by the city, or
by any other person and claimed against the city, which is proximately
caused by the sponsor or its officers, agents, or employees or any
person who was or reasonably should have been within the sponsor's
control.
(d)
No individual or organization applying for a reservation permit for
the purpose of conducting a constitutionally protected expressive
activity for which a permit is required shall be required to pay an
application or use fee or procure insurance, if the reservation application
includes reasonably satisfactory documentation or other evidence demonstrating
the applicant's indigence and financial status, or that payment of
fees or procurement of insurance is impossible or so financially burdensome
that it would preclude the applicant from using beach or park property.
If the city manager or his or her designee determines, after consultation
with the city's risk manager, that a particular use, event or activity
does not present a substantial or significant public liability or
property damage exposure for the city, the city manager or designee
may give a written waiver of the insurance requirements of this section.
(Ord. 1107 § 2, 1986; Ord. 1467 § 6, 2007)
It is unlawful for any person to be within the area known as
Crescent Bay Point Park between the hours of twelve midnight and five
a.m. of the following day.
(Ord. 1313 § 1, 1996)
If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, the remainder of this
chapter, or the application thereof to other persons and circumstances
shall not be affected thereby; and, to this end, the provisions of
this chapter are declared to be severable.
(Ord. 1467 § 7, 2007)
A violation of Chapter 18.28 may be prosecuted as an infraction in accordance with the provisions of Section 1.04.025 of this code, or alternatively, an administrative citation may be issued pursuant to the provisions of Chapter 1.15 of this code. In addition, or as a further alternative, the city may pursue any form of administrative remedy, civil action or other judicial relief against a person, business or enterprise violating the provisions of this chapter.
(Ord. 1676 § 7, 2022)
