Note: Sections from the Codified Ordinances of the County of Orange have been adopted by reference. For information on these sections, contact the Office of the City Clerk.
The provisions of this Chapter 13.04, unless otherwise expressly provided, shall apply in all parks, beaches, recreational areas, medians, rights-of-way, and facilities maintained by the City.
(Added by Ord. 94-12, 8/23/94; amended by 23-04, 6/20/23)
The following words shall have the meaning indicated when used in these regulations:
"Alcoholic beverage"
means alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one (0.5) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
"Amplified sound"
means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers.
"City facility"
means any buildings, structures, or vehicles owned or operated by the City of Dana Point, its agents, agencies, departments, and franchisees.
"Natural open-space"
consists of Hilltop Park, Harbor Point Park and the South Strand Open Space as defined in the conservation easement approved by the City on November 30, 2005 and other conservation areas as may be designated by the City Council, including the Center for Natural Lands Management (CNLM) Dana Point Preserve.
"Park"
means any community park, neighborhood park, trail, natural open space, conservation or recreational area owned or maintained by the City.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 09-05, 5/11/09; Ord. 10-03, 3/22/10; Ord. 10-04, 3/22/10; Ord. 18-02, 1/16/18; Ord. 23-04, 6/20/23)
It is unlawful for any person to enter, loiter or remain in any City park or building at any time other than the established hours of operation, which (except as noted below) shall be between the hours of 6:00 a.m. and 10:00 p.m. for any park and 6:00 a.m. and 11:00 p.m. for any City building, except as follows:
(a) 
City employee or agents and peace officers when engaged in official business;
(b) 
Persons with permits issued by the City Manager or designee;
(c) 
Persons and/or spectators participating in City-sponsored or City-approved programs which take place outside generally established hours of operation;
(d) 
Shipwreck Park will be closed at sunset throughout the year;
(e) 
Hilltop Park and Harbor Point Park will be open at 7:00 a.m. and closed at sunset throughout the year;
(f) 
The Nature Interpretive Center is considered part of Harbor Point Park; therefore all Municipal Code provisions for the Harbor Point Park also apply to the Nature Interpretive Center operating Tuesday through Sunday (closed on Monday) from 10:00 a.m. to 4:00 p.m.;
(g) 
The South Strand Switchback Trail and Strand Revetment Trail will be open at all times throughout the year;
(h) 
Strand Vista Park, the Mid-Strand Beach Access and the Central Strand Beach Access will be open from 5:00 a.m. to 10:00 p.m. Signage advising the public of these hours of operation, as well as the alternative accessways to the beach, shall be posted at or near the Strand Vista Park and said trails at all times;
(i) 
Strand Funicular Beach access will be open daily from sunrise to sunset from Memorial Day through Labor Day (Summer Season), and from sunrise to sunset on weekends and holidays the rest of the year. The Funicular is closed Monday through Friday during the non-summer season;
(j) 
The parking lot adjacent to the Center for Natural Lands Management nature preserve and the Nature Interpretive Center parking lot will be open at 7:00 a.m. and closed at sunset throughout the year.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 06-07, 9/13/06; Ord. 09-05, 5/11/09; Ord. 10-03, 3/22/10; Ord. 16-04, 5/17/16; Ord. 23-04, 6/20/23)
It is unlawful for any person to make, deface, disfigure, injure, destroy, tamper with, displace or remove any playground equipment, building, tables, benches, barbecues, railings, fencing, paving, irrigation materials or other public and park utilities, or parts or appurtenances thereof, signs, notices, place cards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever in a park or City facility.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 23-04, 6/20/23)
(a) 
It is unlawful for any person to damage, cut, mark, carve, transplant, or remove any tree, plant, algae, wood, turf, or pick the flowers, seeds or fruit of any tree or plant in a park, median, public right-of-way or City facility without written authorization from the City Manager or designee.
(b) 
It is unlawful to take, possess or disturb specimens of live or dead organisms from any natural open space or the marine protected areas set aside for conservation within City limits other than those deemed permissible by the U.S. Fish and Wildlife or the California Department of Fish and Game with appropriate permits or licenses or written authorization from the City Manager or designee.
(c) 
No person shall willfully injure, destroy or alter the natural open space of the Headlands and the marine protected areas within City limits.
(d) 
It is unlawful for any person to disturb, take or injure geological or cultural resources within the Dana Point Headlands open space, recreational parks, and natural open spaces Citywide.
(e) 
Radio or remotely controlled aircraft, of any type or size are prohibited, beneath 400 feet, at the natural open spaces, unless specifically authorized for emergency or other use by the City Manager or designee.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 09-05, 5/11/09; Ord. 14-04, 7/1/14; Ord. 23-04, 6/20/23)
(a) 
It is unlawful for any person to leave the designated trail and trespass on protected habitat without consent from the Natural Resources Protection Officer or written authorization from the City Manager or designee in the Hilltop Park, Harbor Point Park and South Strand Switchback Trail's natural open space.
(b) 
It is unlawful for any person to leave the designated trail and trespass on protected habitat without consent from the CNLM Preserve Manager in the Center for Natural Lands Management Dana Point Preserve.
(c) 
It is unlawful to trespass in restricted open space areas that are owned by the City of Dana Point.
(Added by Ord. 09-05, 5/11/09; amended by Ord. 10-03, 3/22/10; Ord. 23-04, 6/20/23)
(a) 
It is unlawful for any person to damage, mark, cut, carve, transplant, or remove any tree, plant, algae, wood, turf in a park, or pick the flowers, seeds or fruit of any tree or plant in a park, median, public right-of-way, or City facility without written authorization from the City Manager or designee.
(b) 
It is unlawful for any person to climb any tree, or walk, stand or sit upon monuments, signs, buildings, or roofs, railings, fences and gates, backstops, tables in a park or upon any park property or City facility not designated or customarily used for such purposes.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 23-04, 6/20/23)
It is unlawful for any person to leave or deposit dogs, cats, or other animals or fowl, fish, whether dead or alive, within the boundaries of any right-of-way, median, park or City facility.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 23-04, 6/20/23)
It is unlawful for the owner or individual responsible for a dog or other pet, to allow such dog or pet to be within a park or City facility unless the dog or pet is restrained on a leash. This leash requirement is not applicable to dogs in enclosed City-designated "Dog Fun Zones" as long as the owner or individual responsible for the dog is within close proximity, supervising the dog, and able to immediately re-leash the dog as necessary. The owner or individual responsible for the dog or pet must immediately clean up any fecal matter deposited by the dog or pet in any park.
(Ord. 94-12, 8/23/94; amended by Ord. 06-07, 9/13/06; Ord. 23-04, 6/20/23)
It is unlawful for dogs, with the exception of service dogs, or any other pet to be on the trails or in the park at Hilltop Park, Harbor Point Park, South Strand Switchback Trail, Strand Beach Park including the revetment trail, Mid/Central Strand Access Trails, the Funicular Beach Access and the Center for Natural Lands Management Dana Point Preserve.
(Added by Ord. 09-05, 5/11/09; amended by Ord. 10-03, 3/22/10; Ord. 23-04, 6/20/23)
It is unlawful for any person to dump, deposit or leave any bottles, broken glass, ashes, paper boxes, cans, dirt, rubbish, waste, garbage, confetti, balloons, refuse or other trash in a park or City facility. Any unused goods or materials, portions of which are consumed or used in a park or City facility, any container or packaging thereof, may be left at the park or City facility if it is deposited into the receptacles provided for such purposes.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 23-04, 6/20/23)
It is unlawful for any person to distribute, circulate, give away, throw or deposit any advertising handbills, circulars, pamphlets, papers or signs in any park; or post or affix the same to any tree, fence or structure in any park or City facility without written approval of the City Manager or designee. This Section shall not be construed to prohibit the distribution of First Amendment-protected materials.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 23-04, 6/20/23)
It is unlawful for any person to operate or drive an automobile, truck, trailer, motorcycle, motor scooter, motor bike, or any other type of conveyance or motor vehicle in a park or City facility unless such motor vehicles or conveyances are in a paved parking lot or street designed or designated for motor vehicle use. All bikes (pedal or motorized) must be walked in any park and not ridden. No motor vehicles or other conveyances shall be parked in any City park or on City property from 10:00 p.m. to 6:00 a.m. Any vehicle in violation of this Section may be towed at owner's expense. It shall be a violation of this Section for any person to fail to comply with all applicable provisions of the State, County and City motor vehicle regulations and traffic laws in regard to equipment, sign, speed limits and operation of vehicles in any park or at any City facility.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 23-04, 6/20/23)
It is unlawful for any person to bicycle, skateboard, rollerblade, use motorized or electric bikes or scooters, or use a similar item of any type within City parks, trails, sidewalks, tennis courts, handball courts, ball diamonds, patios, porches, play apparatus areas, and all other areas which are not designed or customarily used for such a purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area, sidewalk or path reserved for pedestrian use. It is also unlawful for any person to bicycle, skateboard, rollerblade, or use motorized or electric bikes or scooters, or use a similar item of any type in any City park or City facility, unless expressly authorized by the City Manager or designee.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 06-07, 9/13/06; Ord. 09-05, 5/11/09; Ord. 10-03, 3/22/10; Ord. 23-04, 6/20/23)
It is unlawful for any person or organization to sell, vend, peddle or distribute any merchandise or property or to sell tickets for any event except in conjunction with a City sponsored or co-sponsored event, or with written permission and/or permit from the City's Community Development Department, or with written permission of the City Manager or designee.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 23-04, 6/20/23)
It is unlawful for any person to camp, park or stay overnight in any City park or City property. No person shall set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, except by special arrangement and written permission from the City Manager or designee. No vehicles or structures which could be used for camping shall be parked on park or City property from 10:00 p.m. to 6:00 a.m. Any vehicle in violation of this Section may be towed at owner's expense.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 23-04, 6/20/23)
(a) 
Eviction. In addition to other penalties provided for in the codified ordinances of the City of Dana Point, an individual is subject to eviction from the park when all of the following conditions occur:
(1) 
The individual is in violation of a park rule or regulation;
(2) 
The individual has been warned in a manner that is reasonably calculated to reach that individual that eviction may result from any further violation;
(3) 
After receiving such warning, a further violation occurs;
(4) 
Following a warning, the violation continues unabated regardless of the individual's subsequent action.
However, where a violation is of such magnitude or seriousness of violence, no warnings will be necessary prior to eviction.
(b) 
A group is subject to eviction from the park when any one of the following conditions occur:
(1) 
There is probable cause to believe that an unlawful assembly exists pursuant to California Penal Code Section 407;
(2) 
There is a clear and present danger of imminent violence or property damage which cannot reasonably be forestalled without evicting the entire group;
(c) 
No person or group evicted from a park, beach or recreational area shall remain in or return to the facility prior to the expiration of the eviction period, a minimum of 24 hours.
This Chapter shall be enforced by the City Manager and such of their agents as they may designate to perform said duty as well as by peace officers having jurisdiction of any area in which a violation of any provision of this Chapter may take place. The City's policies regarding eviction may be further amended or adopted by the City Manager within his or her sole discretion.
(Added by Ord. 18-05, 9/4/18; amended by Ord. 23-04, 6/20/23)
Weddings, events and related activities held in parks are only authorized if specifically permitted by the prior written approval of the City by its City Manager or designee. Permits must be obtained in accordance with City policies regulating the use of City parks and facilities.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 06-07, 9/13/06; Ord. 23-04, 6/20/23)
In order to keep the peace in the parks and the surrounding residential neighborhoods, the following are not allowed within City parks unless expressively allowed through the permitting process of a Special Event/Temporary Site Development Permit:
(a) 
Bounce houses;
(b) 
Amplified sound;
(c) 
Alcoholic beverages;
(d) 
Fireworks;
(e) 
Food trucks or commercial catering;
(f) 
Generators;
(g) 
Portable restrooms;
(h) 
Tents, chairs and other material supplied from a party rental company;
(i) 
Glassware;
(j) 
Glitter or confetti;
(k) 
Helium balloons and balloon releases;
(l) 
Valet services;
(m) 
Drones, radio or remotely controlled unmanned aircraft.
Violations of this provision shall result in an infraction with the exception of alcoholic beverages, which may result in a misdemeanor offense. Violations will be subject to City administrative citation and/or eviction from the City park.
(Added by Ord. 06-07, 9/13/06; amended by Ord. 23-04, 6/20/23)
All persons entering upon any park or City facility shall abide by City ordinances, park regulations, and City laws pertaining to the State of California. The City, State and County law enforcement officers shall have the ability to issue citations and the, authority to expel from any park or City facility any person acting in violation of these regulations.
(Added by Ord. 94-12, 8/23/94; amended by Ord. 23-04, 6/20/23)