The purpose and intent of this chapter
is to provide rules and regulations respecting the use of city parks
and recreation facilities which are necessary to protect the public
health, safety and general welfare of the residents of the city and
users of parks and recreation facilities, including prohibiting smoking
in park and recreational facilities, and which are felt necessary
to ensure that the parks and recreation facilities are maintained
in a manner consistent with the broadest use thereof by the residents
of the city. Unless otherwise stated, the provisions of this chapter
apply to any city park and recreation facility.
(Ord. 1428 §
4, 1989; Ord. 2125 § 2, 2015)
For the purposes of this chapter
the following words and phrases are defined as follows:
"Daylight"
means any time from one-half hour before sunrise to one-half
hour after sunset.
"Director"
means the director of community services of the city.
"E-bike" or "electric bicycle"
means a bicycle equipped with fully operable pedals and an
electric motor of less than 750 watts. This includes Class 1, Class,
2 and Class 3 electric bicycles as defined in the California Vehicle
Code Section 312.5.
"Park and recreation facility"
means any public park, pathway, trail, skateboard park, in-line
skatepark, bicycle motocross (BMX) park, golf course, playground,
athletic field, recreation center or recreation area, which facility
the city owns, leases or controls, whether or not such facility is
improved or unimproved and whether or not such facility is located
within or without the territorial limits of the city.
"Skateboard park"
means a facility designed specifically for riding skateboards
with sculptured events such as ramps, jumps and bowls, and shall include
any hard surface area within 40 feet of the skateboard park itself.
"Trails"
mean multi-use paved trails for pedestrians and bicyclists,
improved surface trails, and natural surface trails, as defined in
the Pleasanton Trails Master Plan (2019).
"Written permission of the director"
means a permit issued by the city department of community
services, which permit shall contain the following information: the
name of the person or organization to whom the permit is issued; the
name of the park and recreation facility and/or the identification
of the activity to which the permit applies; the effective date(s)
and times of the permit; and such other administrative information
as may be necessary.
(Ord. 1428 §
4, 1989; Ord. 1654 § 1, 1995; Ord. 1919 § 9, 2005; Ord. 1924 § 1, 2005; Ord. 2065 § 1, 2013; Ord. 2247, 7/18/2023)
No person shall pick, dig, remove,
injure or destroy any tree, plant, shrub, rock, wood, soil or leaf
mold nor deface, mar, move or remove any foliage or property without
the written permission of the director.
(Ord. 1428 §
4, 1989)
A. No person shall build, kindle, or light
a fire in any park and recreation facility, including the Augustin
Bernal Park, except in equipment established for such purpose by the
director, except such use is permissible in the following facilities
if a fire permit from the Livermore-Pleasanton fire department is
obtained: Amador Recreation Center, Alviso Adobe, Century House, Firehouse
Arts Center, Pleasanton Senior Center, and Veterans Memorial Building.
B. No person shall discard or permit unattended
any lighted cigar, cigarette, match or other flammable article.
(Ord. 1428 §
4, 1989; Ord. 1889 § 1, 2003; Ord. 2120 § 1, 2015)
No person shall possess a weapon,
air gun, bow and arrows, firecrackers, bombs, torpedoes, rockets or
any other type of fireworks or pyrotechnics.
(Ord. 1428 §
4, 1989)
No person shall take, kill, wound,
mistreat or molest any bird or animal, either wild or domesticated.
(Ord. 1428 §
4, 1989)
A. No person shall permit barbecue facilities,
cooking or other utensils, or dishes to remain in an unclean condition
after use.
B. No person shall leave or throw away any
garbage, cans, bottles, trash of any kind or any other refuse except
in garbage containers or incinerators provided for that purpose.
C. No person shall transport any private garbage,
rubbish, manure, soil or lumber to or within any park and recreation
facility without the written permission of the director.
(Ord. 1428 §
4, 1989)
A. No owner of a dog shall permit such dog to be at large in any park and recreation facility except as provided in Section
7.16.010 of this code, this section, or Section
13.08.085 of this chapter.
B. No owner of a dog shall permit such dog, whether leashed or unleashed,
to be in or upon:
1.
The fenced fields at the Ken Mercer Softball Complex, Val Vista
Community Park, or Bernal Community Park; or
2.
Any tennis court, pickleball court, volleyball court (whether
paved or sand), or bocce ball court.
C. Any dog, except a "dangerous dog" as defined in this section, may
be at large in the designated dog exercise area of Muirwood Community
Park, Cubby's Dog Park and any other dog exercise area as designated
by the city council provided:
1.
The dog is under the control of a person in charge of the dog.
For the purposes of this section, a dog is under the control of a
person when the person is aware of the dog's conduct, and the
dog immediately and directly returns to the person when called;
2.
The owner of the dog shall have a leash for the dog in the owner's
possession; and
3.
The number of dogs shall not exceed three per person in charge
of the dogs. The person in charge of the dog shall remove immediately
any feces left by the dog in the dog exercise area and dispose of
such feces.
D. For purposes of this section, "dangerous dog" means:
1.
Any dog which has a known propensity, tendency or disposition
to attack unprovoked, to cause injury, or to otherwise endanger the
safety of any person or domestic animal or fowl; or
2.
Any dog which engages in, or is found to have been trained to
engage in, exhibitions of dogfighting; or
3.
Any dog at large found to attack, menace, display threatening
or aggressive behavior or otherwise threaten or endanger the safety
of any person or domestic animal or fowl.
E. For purposes of this section, "dangerous dog" does not mean:
1.
Any dog assisting a peace officer engaged in law enforcement
duties; or
2.
Any dog in a situation in which it is shown that the person
or domestic animal or fowl which had been bitten, attacked, threatened
or menaced had:
a.
Provoked, tormented, teased, or abused the dog into the behavior
alleged, or
b.
Committed a willful trespass or other tort or crime upon the
private property of the owner or person in control of the dog, or
c.
Threatened or committed an unprovoked assault or battery against
the owner or person in control of the dog.
(Ord. 1428 §
4, 1989; Ord. 1595 § 1, 1993; Ord. 1919 § 9, 2005; Ord. 2244 § 2, 2023; Ord. 2277, 5/7/2024)
A. Dogs shall be leashed at all times in any picnic area, gathering site, irrigated lawn area, parking lot, or roadway of the Augustin Bernal Park. A dog, except a "dangerous dog" as defined in Section
13.08.080(D) of this chapter, shall be permitted to be off leash in all other areas of Augustin Bernal Park, provided:
1.
The dog is not within 100 feet of
a picnic area, gathering site, irrigated lawn area, parking lot, or
roadway; and
2.
The dog is under the control of a
person in charge of the dog. For the purposes of this section, a dog
is under the control of a person when the person is aware of the dog's
conduct, the dog immediately and directly returns to the person when
called, and the dog is no more than 50 feet from the person; and
3.
The owner of the dog shall have a
leash for the dog in the owner's possession; and
4.
The number of dogs shall not exceed
three per person in charge of the dogs.
B. The person in charge of the dog shall remove
immediately any feces left by the dog and dispose of such feces if
the feces are in a picnic area, gathering site, irrigated lawn area,
parking lot, or roadway of the Augustin Bernal Park or within 100
feet thereof.
(Ord. 1919 §
9, 2005)
No person shall: (a) sell any goods or services; (b) conduct or maintain any show, performance, concert, place of amusement or exhibition; or (c) conduct private lessons or classes unless such person has received the prior written permission of the director. This section shall not apply to sidewalk vendors as defined in Section
6.38.010 of this code.
(Ord. 1428 §
4, 1989; Ord. 2065 § 1, 2013; Ord. 2093 § 1, 2014; Ord. 2191 § 4, 2019)
No person shall place or affix any
handbills, circulars, pamphlets, or advertisement to any city-owned
property, except pursuant to administrative policy.
(Ord. 1428 §
4, 1989; Ord. 2239 § 2, 2022)
A. No person shall operate a motor vehicle
in or on any park and recreation facility except on designated streets
and parking areas without the written authorization of the director
of parks and community services.
B. No person shall park a motor vehicle between
11:00 p.m. and 5:00 a.m. in or on any park and recreation facility,
including city parking lots serving such park and recreation facilities,
except with written authorization of the director of parks and community
services.
(Ord. 1428 §
4, 1989; Ord. 1796 § 1, 1999; Ord. 2120 § 1, 2015)
A. No person shall camp or lodge in a tent
or on the ground in any park and recreation facility, including the
parking lot area of any such facility.
B. Except during daylight, or except for security
purposes and with the written permission of the director, no person
shall stay, remain or sleep in a motor home or other motor vehicle
or otherwise, in any park and recreation facility, including the parking
lot area of such facility.
(Ord. 1428 §
4, 1989)
No person shall drink, serve or provide any alcoholic beverage
in any park and recreation facility, except in connection with an
event or activity which has a written rental agreement with the city;
where a renter may be required to hire a company with an appropriate
California Department of Alcohol Beverage Control license and obtain
host liquor liability insurance as set forth in Facility Procedures
and Rules, as may be amended.
(Ord. 1428 §
4, 1989; Ord. 1659 § 1, 1995; Ord. 2277, 5/7/2024)
A. A park and recreation facility shall be
available to the public during daylight except: (1) for the use of
pathways/sidewalks within the facility; (2) when there is posted conspicuously
a sign limiting the daytime hours when such facility is available
to the public; and (3) after daylight if and when the facility is
lighted.
B. No person shall refuse or fail to leave
a park and recreation facility upon being directed to leave: (1) by
the director or the director's designee; or (2) by a peace officer.
C. No person shall be or remain in a park
and recreation facility other than during daylight except as follows:
1.
When the person is only using the
sidewalk or pathway within the facility;
2.
When the facility is posted conspicuously
that the daytime hours that the facility is open to the public are
limited to hours other than during daylight;
3.
When the facility is lighted and
the person is a participant or spectator at the event taking place
at the lighted facility; or
4.
When the director has given written
permission.
D. The director, police chief or fire chief,
or the designees, may close any park and recreation facility to the
public when it is determined that such closure will protect the public
health, safety and/or welfare or is necessary to protect such facility
from misuse or destruction. If possible, notice thereof shall be posted
in conspicuous locations in the affected facility.
E. No person shall be in the Century House
or within the fenced area within the Bicentennial Park without the
written permission of the director.
F. No person, group or organization (collectively
the "renter") shall claim exclusive use of any or all of a park and
recreation facility without having leased such park or recreation
facility or received the written permission of the director. With
such lease or permission, the renter may exclude members of the public
from that park or from that recreation facility, and the renter may
also establish the renter's own reasonable rules of use during such
period.
G. Group use (which means 25 or more persons
affiliated in any way) of any park and recreational facility shall
be permitted only as follows:
1.
With the written permission of the
director;
2.
Only in those sections of any community
park planned for such use; and
3.
Only in neighborhood parks if by
bona fide neighborhood groups and only for neighborhood related activities.
(Ord. 1428 §
4, 1989; Ord. 1474 § 1, 1990; Ord. 1659 § 1, 1995; Ord. 2120 § 1, 2015)
It is unlawful for a person to ride
a skateboard or a nonmotorized scooter, or to use in-line skates,
in an in-line skatepark or skateboard park unless the person is wearing
a helmet that meets the standards specified in Section 21212(a) of
the California
Vehicle Code, elbow pads and kneepads, all which shall
be properly fitted and fastened, and where the skateboard park has
a sign posted which provides that anyone in-line skating or riding
a skateboard in the park must wear a helmet, elbow pads and kneepads
or be subject to a citation.
(Ord. 1654 §
2, 1995; Ord. 1924 § 1, 2005)
A. No person shall operate, transport or maintain
any motor driven cycle (see California
Vehicle Code (hereafter CVC)
Section 405), motorcycle (see CVC Section 400), motorized bicycle
(see CVC Section 406) or moped (see CVC Section 406) or determined
in the reasonable discretion of the chief of police or designee, within
any park and recreation facility except in those areas as may be specifically
designated for such purpose or with the written permission of the
director.
B. No person shall operate in any park and
recreation facility any airborne, waterborne or landborne model plane,
any rocket or missile, or any vessel or vehicle, whether such plane,
rocket, missile, vessel or vehicle uses an internal combustion engine
or is propelled/operated otherwise, without the written permission
of the director.
C. The prohibitions in this section do not
apply to e-bikes.
(Ord. 1428 §
4, 1989; Ord. 2065 § 1, 2013; Ord. 2247, 7/18/2023)
No person shall ride, walk or pasture
a horse in any park and recreation facility except within areas specifically
designated for that purpose.
(Ord. 1428 §
4, 1989)
No person in a park and recreation
facility shall golf, including, but not limited to, chipping, putting,
driving or otherwise practicing golf, except within areas specifically
designated for such use.
(Ord. 1428 §
4, 1989)
A. No person in a park and recreation facility
shall use amplifiers, amplifying equipment, microphones, boosters,
electrified musical instruments or any other type of electronic or
mechanical device used to increase the wattage and volume of electronically
or otherwise produced sound, without the written permission of the
director.
B. No person in a park and recreation facility, by use of a radio, tape, record or other electronic or mechanical device, shall produce or allow to be produced a noise level which disturbs a reasonable person's peace and quiet; in no event shall the noise level exceed the limits of Section
9.04.060 of this code.
(Ord. 1428 §
4, 1989)
A. No person shall smoke anywhere within any park or recreational facility, as defined in Section
13.08.020 and includes trails along the arroyos, except within the outdoor areas of the Callippe Preserve Golf Course. Public sidewalks adjacent to park and recreational facilities are not subject to this prohibition, but pathways through such park and recreational facilities as well as adjacent city-owned public parking lots are subject to this prohibition.
B. No person shall smoke in any enclosed building in a park and recreational facility except as provided in Chapter
9.24 of this code.
C. A renter of a park or recreation facility downtown shall prohibit smoking during such rental. "No Smoking" signs shall generally be visible at entrances or reasonable intervals along the perimeter of such rental to advise guests, invitees and the public about such prohibition on smoking. Violators are subject to administrative citation as provided in Chapter
1.24.
D. "Smoking" is defined as set forth in Section
9.24.020(P).
E. "Downtown" is defined as the area within
the Downtown Specific Plan.
(Ord. 1428 §
4, 1989; Ord. 2125 § 2, 2015; Ord. 2136 § 1, 2016; Ord. 2165 § 1, 2017)
A. Any person riding or operating a bicycle
or an e-bike on trails and pathways, or in any park and recreation
facility, is subject to a 15 mile per hour (mph) speed limit, unless
posted speed limit or circumstances require a slower speed due to
weather, surface, congestion or other conditions. No person shall
ride or operate a bicycle or an e-bike in a negligent, unsafe or reckless
manner or in any way that endangers the life, limb or property of
any person.
B. Bicyclists and e-bikes shall yield to pedestrians
and equestrians.
C. It is unlawful for a person to ride a bicycle
in a bicycle motocross park unless the person is wearing a properly
fitted and fastened helmet that meets the standards specified in Section
21212(a) of the California
Vehicle Code.
D. No person shall ride or operate an e-bike
in a bicycle motocross (BMX) park.
E. Riding or operating a bicycle or an e-bike
on a street, bikeway (also known as bike path or bike route, see California
Streets and Highways Code Section 390.4) or bicycle lane separated
from vehicular lanes on a roadway (see California
Vehicle Code Section
21207) is subject to the regulations of the California
Vehicle Code
and not the restrictions of this chapter.
F. If a pathway or roadway is designated for
bicycle use, a person shall use such pathway or roadway for such use.
(Ord. 1428 §
4, 1989; Ord. 1924 § 1, 2005; Ord. 2247, 7/18/2023)
Hang gliding and hang gliders are
prohibited in Augustin Bernal Park.
(Ord. 1595 §
2, 1993)
The director is authorized to promulgate
from time to time such other and further rules and regulations as
may be necessary for the purpose of regulating the use of any park
and recreation facility. Upon adoption thereof by the city council
by resolution, such rules and regulations shall have the same force
and effect as the provisions of this chapter.
(Ord. 1428 §
4, 1989)