As used in this chapter, unless the context clearly requires
a different meaning, the following words have the following meanings:
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.
means director of City of Atascadero Department of Public
Works.
means any member of the equine family.
means Atascadero Lake.
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.
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.
means any vessel propelled by machinery and capable of transporting
a person.
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.
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 mutilate or
destroy any equipment or facilities of others.
(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 to dispose of combustible
materials other than in park trash cans.
(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)
It is unlawful within the park for any person to engage in skin
diving or scuba diving.
(Ord. 105 § 1, 1985)
It is unlawful for any person to swim in any area of Atascadero
Lake.
(Ord. 105 § 1, 1985)
It is unlawful for any person within the park to post or erect
a sign, or to construct any temporary structure, except by permit
approved by the Public Works Director.
(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)
