As used in this chapter, unless the context clearly requires a different meaning, the following words have the following meanings:
"Aquaplane"
means any park, surfboard, water ski or other device used for transporting, conveying, or carrying a person who is towed or pulled by any boat by means of a rope, chain, cable, wire, or other connection.
"Department"
means director of City of Atascadero Department of Public Works.
"Horse"
means any member of the equine family.
"Lake"
means Atascadero Lake.
"Park"
means any municipal area open to the public for recreational purposes, including the Atascadero Lake, zoo, picnic area, ballfield, Sunken Gardens, and Paloma Creek Park.
"Park personnel"
means all department personnel charged with the responsibility of maintenance and management of Atascadero Recreational Areas and "park personnel" includes the Director and Assistant Director of Public Works.
"Motorboat"
means any vessel propelled by machinery and capable of transporting a person.
"Outdoor recreation areas"
are those areas owned by the City and used by the public for recreation including, but not limited to, public parks, open space and trails.
"Tobacco products"
mean any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
(Ord. 105 § 1, 1985; Ord. 543, 2009)
Park personnel are authorized to direct the visiting public in its use of the park according to statutes, ordinances, rules and regulations applicable to the park. In the event of fire or other emergency, to expedite traffic, to insure safety of the persons in the park, to insure against pollution of the lake, or to protect property and facilities in the park, park personnel may direct the public as conditions may require notwithstanding other provisions of this chapter.
(Ord. 105 § 1, 1985)
Park personnel, the Chief of Police, and the Fire Chief are authorized to restrict the public use of the park by closing the park or any park area or any of its facilities or restricting the hours of operation for good and sufficient reasons including, but not limited to, the following:
(a) 
Sanitary protection of the watershed;
(b) 
Fire prevention;
(c) 
Construction;
(d) 
Dangerous or unsafe conditions;
(e) 
To prevent damage to the park or its facilities;
(f) 
Conservation of fish and game.
(Ord. 105 § 1, 1985)
It is unlawful for any person within the park to commit any of the following acts:
(a) 
To throw or discharge into the waters of the lake or any stream, or place upon the shore area thereof, any litter, garbage waste products, trash, motor oil, or other debris, or to discharge into the lake or any stream or along the shore area thereof, any contaminating or polluting substance of any kind whatsoever, or to use any motor or container which leaks oil or gas into the waters of the lake;
(b) 
To dump or deposit any trash, refuse, garbage, litter or any kind of waste materials in any portion of the Atascadero Recreational Areas except in approved containers specifically placed and designated to receive such waste materials.
(Ord. 105 § 1, 1985)
It is unlawful for any person to wash a boat or motor vehicle in the lake or park area.
(Ord. 105 § 1, 1985)
It is unlawful for any person to operate a wind-powered surfboard-like vessel or any other surfboardlike vessel less than eight feet long on any area of Atascadero Lake.
(Ord. 105 § 1, 1985; Ord. 108 § 1, 1985; Ord. 606 § 1, 2017)
It is unlawful for any person within the park to operate a boat within a prohibited area designated by official standard waterway markers on the lake. Such prohibited area shall be designated by the Director of Public Works.
(Ord. 105 § 1, 1985)
It is unlawful for any person within the park or lake area to operate any type of motorboat with the exception of model boats of one horsepower or less. Model boats must have approved mufflers which reduce the noise level of the boat.
(Ord. 105 § 1, 1985)
It is unlawful for any person within the park to do any of the following acts:
(a) 
To keep any boat on shore overnight except in an area designated and posted for such purpose;
(b) 
To sleep in any boat during the hours when the lake is closed to boating;
(c) 
To moor any boat overnight in a location other than in an area designated and posted for mooring; any boat so moored shall be at owner's sole risk and the City Council assumes no liability or bailment obligation pertaining to damage, loss or theft of such boat.
(Ord. 105 § 1, 1985)
It is unlawful for any person utilizing the area to leave any boat unattended for more than 48 hours except in the designated storage areas. Park personnel are authorized to impound any boat involved in a violation of this section, and to charge a reasonable fee or fees for the release of said boat to the owner. Any such boat not claimed by the owner within 30 days after written notification of such impounding may be sold by the Director of Public Works at public auction shall first be deducted and retained, and the remainder, if any, shall be paid to the owner.
(Ord. 105 § 1, 1985)
It is unlawful for any person to conduct or engage in water activities on the lake between the time of 1/2 hour after sunset and 1/2 hour before sunrise.
(Ord. 105 § 1, 1985; Ord. 606 § 3, 2017)
It is unlawful for the owner of any boat within the park or any person having such in his or her charge or control to authorize or knowingly permit the same to be operated by any person who is incapable of operating such watercraft under the prevailing circumstances for any reason, including, but not limited to, inexperience or physical or mental disability.
(Ord. 105 § 1, 1985)
Park personnel are authorized to close the lake or portions thereof to lake activities, for any of the following reasons:
(a) 
Dangerous water or weather conditions;
(b) 
Unsatisfactory parking or road conditions;
(c) 
Construction or special event activities;
(d) 
For any reason determined by the City to be reasonable and necessary.
(Ord. 105 § 1, 1985; Ord. 606 § 2, 2017)
It is unlawful for any person within the park to operate a motor vehicle at a speed in excess of 15 miles per hour, except as otherwise posted or as provided by law.
(Ord. 105 § 1, 1985)
It is unlawful for any person within the park to drive a vehicle in a careless or reckless fashion so as to endanger the vehicle, its occupants, or any person, equipment, facilities, or property.
(Ord. 105 § 1, 1985)
Park personnel are authorized to close any park road or parking lot. Such authorization may be for the following reasons but are not strictly limited to:
(a) 
Construction of facilities;
(b) 
Dangerous road conditions.
Such closure shall be posted or otherwise designated by park personnel and restricted to pedestrians only — no motor vehicles.
(Ord. 105 § 1, 1985)
It is unlawful for any person within the park:
(a) 
To receive, bring, or cause to be brought into the recreation area any fish, amphibian, or aquatic plant for any place for the purposes of propagation or use as fish bait without the approval of the Department of Fish and Game of the State of California and the Director of Public Works;
(b) 
To cut, pick, mutilate or destroy any vegetation, except when authorized by the Director of Public Works;
(c) 
To remove, disfigure or cut soil or rock, except when authorized by the Director of Public Works.
(Ord. 105 § 1, 1985)
It is unlawful for any person within the park to throw, place or otherwise dispose of any burning material except into authorized firepits or incinerators.
(Ord. 105 § 1, 1985)
It is unlawful for any person to receive, bring, or cause to be brought into the park, any fireworks or other explosives, or to fire any fireworks or other explosives within the park. For purposes of public display, a permit must be issued by the Fire Chief, and only after all State and local requirements have been met.
(Ord. 105 § 1, 1985)
It is unlawful for anyone within the park to build, ignite, or utilize fires except in portable stoves or barbeque pits, of a type approved by park personnel in picnicking areas.
(Ord. 105 § 1, 1985)
It is unlawful for anyone within the park to leave any fire unattended or to fail to put out a fire prior to departure.
(Ord. 105 § 1, 1985)
It is unlawful for anyone within the park or zoo to molest, injure, or kill any animal or bird, or to allow any child or animal under his or her supervision to molest, injure or kill any animal or bird.
(Ord. 105 § 1, 1985)
It is unlawful for any person to enter any area of the park which is posted against entry, fenced or obviously hazardous.
(Ord. 105 § 1, 1985)
It is unlawful for any person or persons to engage in any commercial activity within the park, except as authorized by the City Council. Nonprofit agencies may be allowed to conduct fund raising events upon approval by Public Works. Exemptions for business licenses may be granted to nonprofit agencies.
(Ord. 105 § 1, 1985)
The hours of operation for public park areas shall be from 6:00 a.m. until 10:00 p.m. on a daily basis, unless otherwise posted. Activities specifically scheduled by the City, such as organized recreational activities, are exempt from the closure time.
(Ord. 105 § 1, 1985)
Public use fees for City recreational areas shall be those established by the City Council, as revised periodically by resolution of the City Council. Such public use fees are necessary to recover costs of services rendered, other than inspection, and costs of control of sanitation and pollution. The fees are fixed by resolution to the Council.
(Ord. 105 § 1, 1985)
It is unlawful for any person within the park to commit any of the following acts:
(a) 
To allow any animal or pet under his or her supervision to be in the park unless controlled by a leash not to exceed six feet in length, or by a bridle;
(b) 
To allow any animal or pet under his or her supervision to molest, inconvenience or endanger any occupant of the park;
(c) 
To abandon any animal or pet under his or her supervision within the park;
(d) 
To allow any animal or pet under his or her supervision to be outside of an enclosed vehicle at night;
(e) 
To leave any animal or pet under his or her supervision unattended at any time;
(f) 
To allow any animal or pet under his or her supervision to be in any park buildings or structures except seeing eye and hearing dogs;
(g) 
To allow any animal or pet under his or her supervision to use the park as a waste area.
(Ord. 105 § 1, 1985)
Violations of the provisions of this chapter shall be prosecuted in accordance with the provisions of Chapter 3 of Title 1 of the Atascadero Municipal Code.
(Ord. 105 § 1, 1985; Ord. 543 § 2, 2009)