The purpose of this chapter is to establish the rules, regulations and policies for the orderly use of parks and community service facilities for the general enjoyment of the community.
The regulations contained herein shall not prohibit any person authorized by the city manager from the normal exercise of requested, assigned or contracted duties.
(Ord. 89-12 §§ 1.01, 1.05)
The following words and phrases used in this chapter have the meanings indicated in this section unless the context clearly indicates otherwise:
"Alcoholic beverage"
means alcohol, spirits, liquor, beer, wine or any other liquid which contains one-half of one percent or more of alcohol by volume.
"Amplified sound"
means sound projected and/or transmitted by electronic means including amplifiers, loud speakers, microphones or similar devices which are intended to increase the volume, range, distance or intensity of sound.
"Building"
means and includes those buildings or community service facilities, or any portion thereof, under the supervision of the department of parks and community services.
"Camp" or "camping"
includes:
1. 
Occupying for living or sleeping purposes a camper, trailer, motor home or other vehicle equipped for human habitation;
2. 
The erection of any tent or other shelter; or
3. 
The arrangement of sleeping bags or other bedding for the purpose of, or which will permit, remaining overnight.
"Charitable purposes"
means the use, actual or represented, of money or property for:
1. 
The benefit in any manner of poor, impoverished, destitute, underprivileged, needy, sick, refugee or crippled persons;
2. 
The relief or assistance of any veteran or the benefit of any veterans organization or association or any purpose purporting to aid the general welfare of any state or nation;
3. 
Civic purpose such as social or cultural functions or the improvement or beautification of any state, city or other community;
4. 
The benefit of any fraternal or social organization or association;
5. 
The benefit of educational institutions or for the education of any person or group of persons;
6. 
The benefit of youth service organizations.
"Children's playground area"
means and includes park areas which are specifically designed and include equipment for use by children.
"City manager"
means the city manager or the city manager's designee.
"Commercial activity"
means the selling, offering for sale, or solicitation for immediate or future delivery or performance of any goods, wares, merchandise or services of any kind, including, but not limited to, food and beverages in any park or building, but shall not include magazines, books, newspapers, periodicals or pamphlets.
"Cosponsored"
means activities that provide specific organized recreation/community services for participants and for which the department of parks and community services shares the responsibility for the activity with other community agencies and/or organizations or individuals.
"Decibel" or "dBA"
means a unit which denotes the ratio between two quantities which are proportional to power (the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base of ten is this ratio), as measured by the "A" weighted sound pressure level obtained by meter at slow response, with a reference pressure or twenty microPascals.
"Designated area" or "building"
means an area or building specifically designed or equipped for special uses and set aside for such uses.
"Fundraising"
means and includes the act of making a request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for charitable purposes (as the term "charitable purpose" is defined herein) or for any other purpose other than that of pecuniary profit.
"Nonprofit organization"
means any group or persons associated for scientific, literary, educational, recreational, leisure services, benevolent or other nonprofit purpose not of pecuniary profit.
"Parks"
means and includes all parks, parkways, malls, plazas, greenbelts, gardens, lakes, boating facilities, ponds and any other property owned by the city, including structures thereon, and used, operated or maintained for recreational purposes whether passive or active. The term "park" also includes all off street parking areas which are used or intended to be used in connection therewith. The term "owned" includes any property or interest under which the department of parks and community services operates, maintains or controls said property. The term also includes any property owned or kept by the city as open space, utility easements or rights-of-way, including undeveloped sites for future parks.
"Person"
means and includes persons, individuals, associations, groups, partnerships, firms and corporations.
"Picnic"
means the consumption of food and/or beverage outdoors.
"Residential property"
means a parcel or real property which is developed and used either in part or in whole for residential purposes other than transient uses such as hotels and motels.
"Sponsored"
means activities organized by the city and over which it retains responsibility.
"Supervisor" or "park supervisor"
means the superintendents of parks and community services for the city.
"Vehicle"
means and includes gasoline, electric or other fuel-powered or human or animal powered devices by which any person or object may be propelled, moved or drawn, including gocarts, minibikes, model boats and model airplanes.
(Ord. 89-12 § 2.00)
No person shall:
A. 
Conduct or carry on an assembly of more than fifty people in a park or ten in a building, which assembly is intended or can reasonably be expected to last more than twenty minutes or which does in fact last more than twenty minutes, unless a facilities use permit first has been issued therefor as provided in this chapter;
B. 
Use any amplified sound in a park, except as provided in this chapter without first obtaining an amplified sound permit. This prohibition shall not apply to the use of any radio, tape player, tape recorder, record player or television for personal use or to broadcasts from emergency vehicles or personnel;
C. 
Engage in any commercial activity in any city park or building. This prohibition does not apply to commercial activity carried on pursuant to a lease or concession contract with the city or to a nonprofit organization pursuant to a city fund-raising permit issued therefor;
D. 
Engage in any fundraising activity in any city park or building, except pursuant to a permit issued therefor as provided in this chapter; provided, however, that funds may be raised for organizational dues or to defray the cost of the activity by a nonprofit organization or cosponsored activity without first securing a permit;
E. 
Use, or interfere with the use of, any city park or building or portion thereof which at the time is reserved by a permit for the use of any other person or group;
F. 
Reserved.
G. 
Possess, serve or consume alcoholic beverages of any kind within any city park or building, except as may be expressly conditioned by permit;
H. 
Bring or permit to remain within any park any domesticated animal, except securely leashed and under control, nor fail to promptly remove to an appropriate receptacle fecal matter deposited by such animals. Domesticated animals shall be prohibited from city buildings except Seeing Eye dogs or other specially trained dogs to assist handicapped or disabled persons;
I. 
Possess, discharge or shoot any firework, firearm, model rocket or bow and arrow in any park, except as may be expressly conditioned by permit; provided, however, that slingshots, airguns, firecrackers and other such devices potentially harmful to park visitors are prohibited in all parks;
J. 
Play or practice golf in any area not expressly designated for such use;
K. 
Swim or wade in any area not expressly designated for such use;
L. 
Bring or permit to remain within any park or building any livestock or exotic undomesticated animals except as may be expressly conditioned by permit;
M. 
Hunt, kill, chase, wound, tease, molest or capture any wild or domestic bird or animal in a park, except chasing or capturing of one's own animal, nor remove or have in his or her possession the young, eggs or nest of any such creature;
N. 
Intentionally remove, break, injure, deface or disturb any material, equipment, structure, building or improvement, nor cut, dig up, pick, remove or destroy any turf, tree, plant, shrub, bloom or flower in a park;
O. 
Contaminate in any way any water, fountain, pools, lakes, rivers, other water supply or wash any clothing or cooking utensils in any such waters in a park;
P. 
Dispose of trash or garbage not accumulated within park areas, nor dispose of trash or garbage accumulated within park areas other than in receptacles provided for this purpose;
Q. 
Start or maintain fires in parks other than in "on-site" barbecue pits or personal portable barbecues within designated picnic areas, nor fail to extinguish live coals or fires before leaving the picnic area;
R. 
Open, expose or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose;
S. 
Use, operate or leave standing, whether attended or unattended, any vehicle or motorized objects in a park, except as provided in this chapter;
T. 
Camp in any city park, parking area, or building without a use permit therefor as provided in this chapter;
U. 
Remain or loiter in any park or building between one hour after sundown and six a.m. except as expressly conditioned by permit;
V. 
Enter, be or remain in any city park or building unless he or she complies with all regulations set forth in this chapter or procedures adopted pursuant thereto;
W. 
A maximum load limit of ten thousand pounds allowed on the Broderick Boat Ramp facility.
(Ord. 89-12 § 3.00; Ord. 93-21 § 1(A); Ord. 96-20 § 2; Ord. 03-21 § 1 (part))
A permit must be obtained from the city as provided in this chapter whenever any park or building of the city is required for the exclusive, restricted use by any individual or group. Except as otherwise provided in this chapter, restricted use shall be granted on generally a "first-come, first-served" basis.
(Ord. 89-12 § 4.01)
Whenever any permit is required by a provision of this chapter, an application therefor shall be filed with the department of parks and community services at least five business days for park facilities or three days for buildings, but not more than twelve calendar months, in advance of the earliest date for which the permit is sought stating:
A. 
The name, address and telephone number of the applicant, who must be twenty-one years of age or older;
B. 
The name, address and telephone number of the person, group, organization or corporation sponsoring the proposed activity;
C. 
The date, hours and facility or portion thereof for which the permit is desired;
D. 
The nature of the proposed activity including a description of the equipment to be used in connection therewith;
E. 
The estimated attendance;
F. 
Whether the applicant has insurance covering the described activity and, if so, the type, amount, company and agent; and
G. 
Any other information respecting the public health, safety and welfare which the city manager or authorized designee finds necessary to a fair determination, including assurances the activity will not result in injury to persons or property or involve violations of the law.
(Ord. 89-12 § 4.02)
The city manager or the city manager's authorized designee may waive the time period for filing a permit application where circumstances make it impractical or unnecessary, as when the issuance of a permit would not create a scheduling conflict, or when the activity is spontaneous, as in response to an event of obvious local or national importance.
(Ord. 89-12 § 4.03)
The city manager or the city manager's designee shall issue a permit under this chapter unless first expressly finding that:
A. 
The proposed activity and use will unreasonably or unnecessarily interfere with or detract from the public health, welfare, safety and general enjoyment of the facility;
B. 
The proposed activity and use are reasonably anticipated to incite violence, crime or disorderly conduct;
C. 
The proposed activity and use will entail unusual, extraordinary or burdensome expense or security operation by the city;
D. 
The facilities requested have been reserved for other use or will not accommodate the desired activity;
E. 
The applicant fails to agree in writing to all conditions of use including where applicable:
1. 
The payment of fees,
2. 
To provide deposit for use of special equipment or utensils,
3. 
The use of adult monitors at the prescribed ratio,
4. 
To clean, repair and restore the park facility, building or recreation area or portion thereof to the condition it was in immediately prior to the activity,
5. 
To provide satisfactory evidence of adequate insurance coverage,
6. 
To relinquish any issued permit if a priority permit subsequently is issued in accordance with provisions of this chapter;
F. 
The applicant or sponsoring group has misused a park or building of the city in such a way as to cast doubt on the responsibility of the applicant or group;
G. 
The applicant failed to file a timely application.
Where one or more of the conditions above exist justifying denial, the city manager or the city manager's authorized designee shall notify the applicant thereof within two business days of application. Otherwise, the permit shall be issued the following business day.
(Ord. 89-12 § 4.04)
The following types of permits are expressly required where applicable:
A. 
Facility Use Permit. This permit is the basic permit for the exclusive, restricted use of a park or building or portions thereof.
B. 
Amplified Sound Permit. In addition to any other permit required by this chapter, the use of amplified sound in any park or building requires such a permit and shall be subject to the following regulations:
1. 
No person shall use amplified sound except between sunrise and sunset unless otherwise expressly conditioned in the permit;
2. 
No sound shall be amplified except human speech or music, or both;
3. 
No amplified sound may exceed a noise level of eighty-four dBA, at a distance of thirty-five feet from the noise source(s), or exceed fifty-five dBA on residential property. The provision of this paragraph shall not apply to the use of any amplified sound by any peace officer, or employee of the city, while engaging in the performance of his or her duties.
C. 
Fundraising Permit. In addition to any other permit required by this chapter, any nonprofit organization desiring to raise funds in any park or building shall first obtain a fund raising permit. Fund raising permits must be approved for issuance by the parks commission and are not subject to the time limitations of Section 12.12.070.
(Ord. 89-12 § 4.05)
Organized member groups of the East Yolo sports federation shall be considered for priority issuance of park use permits over any other use, except for programs sponsored or cosponsored by the city, or conducted under agreement with the city.
A. 
Priority consideration hereunder shall include the revocation of existing conflicting use permits if application by the member group is made not less than ten business days before the earliest use date of the conflicting permit which is to be revoked.
B. 
Priority consideration hereunder extends only to park facilities designated for scheduled use of the type requested.
C. 
Conflicting use permit requests by two or more members of the East Yolo sports federation shall all be treated as nonpriority requests.
D. 
For the purpose of this section, the East Yolo sports federation shall be deemed to exist when four or more nonprofit groups organized primarily to engage in team athletics and whose members are principally residents of the city, and which groups are recognized as such by the city, join together to promote their common interest in a manner acceptable to the city.
(Ord. 89-12 § 4.06)
No person shall fail to produce and exhibit a permit he or she claims to have upon request of the park supervisor or designee or any peace officer who desires to inspect such permit for the purpose of enforcing compliance with this chapter or any permit condition.
(Ord. 89-12 § 4.08)
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person or property by reason of the negligence or intentional acts of the person or persons to whom such permit has been issued. All persons to whom a use permit has been granted must agree in writing to hold the city harmless and indemnify the city from any and all liability for injury to persons or property occurring as a result of the activity of permittee or as caused by any participant in such activity.
(Ord. 89-12 § 4.07)
An applicant may appeal the revocation or denial of any permit under this chapter to the city parks commission, who may affirm, reverse or amend the action. The appeal must be filed in writing within three business days of the decision to revoke or deny the permit. The decision of the city parks commission may be further appealed to the city council in accordance with the uniform appeals and hearings procedure as established by Chapter 1.08.
(Ord. 89-12 § 9.01)
Such fees as may be established from time to time by the parks commission and approved by the city council for the use of city parks and buildings shall be collected at the time of issuance of permits, and no permit for which a fee has been established shall be issued if such fee has not first been paid. The schedule of fees shall be reviewed annually by the parks commission.
(Ord. 89-12 § 5.00)
In parks without toilet facilities, or where available facilities are below the ratio required in this chapter, use permits shall require that chemical toilets be provided at the rate specified in this section, as a condition of use.
A. 
For any event where the estimated attendance is at least fifty persons, and not more than one hundred persons, two toilets shall be provided at the permittee's expense.
B. 
Additional toilets for attendance in excess of one hundred persons shall be provided at the permittee's expense at the ratio of one toilet for each additional two hundred persons or fraction thereof, up to one thousand five hundred persons.
C. 
Additional toilets for attendance in excess of one thousand five hundred persons shall be provided at the permittee's expense at the ratio of one toilet for each additional five hundred persons or fraction thereof.
(Ord. 89-12 § 6.00)
While within the boundaries of any city park, no person shall:
A. 
Drive or operate any motorized vehicle or craft except in areas specifically designated, or as expressly conditioned by permit;
B. 
Park any motorized vehicle except in areas specifically designed as parking areas, or as expressly conditioned by permit;
C. 
Park or otherwise allow his or her vehicle to remain within the park during the hours the park is closed, whether the park is physically restricted or not, except as may be expressly conditioned by permit;
D. 
Wash, detail or repair any vehicle;
E. 
Drive or operate any motorized vehicle contrary to the California Vehicle Code, except as may be expressly conditioned by permit.
(Ord. 89-12 § 7.01)
While within the boundaries of any park no person shall:
A. 
Ride a bicycle across any turf or planted area, except as may be expressly conditioned by permit;
B. 
Park or leave standing a bicycle except in racks or areas designated therefor;
C. 
Ride a bicycle in any manner that presents a hazard to the public.
(Ord. 89-12 § 7.02)
While within the boundaries of city boat facilities no person shall:
A. 
Leave a boat or watercraft moored to a dock without obtaining the appropriate berthing permit;
B. 
Leave standing or moored any boat or watercraft vehicle in a parking area or dock area respectively, for purposes of repair or maintenance without prior approval of the city manager or authorized designee;
C. 
Anchor a boat or watercraft in a manner obstructing public use of a dock or public boating facilities;
D. 
Leave marine debris as defined in Harbor and Navigation Code Section 550(b).
(Ord. 21-5 § 3)
The city manager or his or her authorized designee shall promulgate a schedule which shows uses and capacities of each park or building. Such schedule shall be approved by the city parks commission and adopted by resolution of the city council.
(Ord. 89-12 § 8.00)
Consistent with the terms and procedures set forth in this chapter, the city manager shall provide for special events and circumstances not covered by this chapter.
(Ord. 89-12 § 9.02)
Plans for decorations authorized in connection with the use of any city park or building must be approved prior to installation, and are subject to the following limitations:
A. 
Only fireproof or fire-retardant decoration material may be used.
B. 
Nails, tacks or adhesives which might deface the property may not be used.
C. 
Facility exits may not be covered in such a way as to restrict free ingress or egress or to visually obstruct or camouflage them at any time.
(Ord. 89-12 § 9.05)
Users of any city park or building are responsible for cleaning up the facility or area after use. Permit holders must prepare and/or clean up within the time for which the permit is issued.
Special custodial and maintenance services may be arranged at the permittee's expense, or the city may bill the applicant for such special services performed or ordered by the city or a cleaning or repair deposit may be levied at the city's option from which special custodial, maintenance and repair expenses shall be paid prior to refund.
(Ord. 89-12 § 9.03)
No person other than one acting under the direction of the city manager or the city manager's designee shall duplicate or cause to be duplicated a key used by the city for any lock of whatever type or description, nor transfer or permit the unauthorized use of a key by anyone other than the person to whom it is issued, nor fail to promptly return the key after its use has been fulfilled or revoked.
(Ord. 89-12 § 9.04)
The city manager is responsible for the administration of the rules set forth in this chapter, and is hereby authorized to prepare procedural regulations consistent herewith to amplify the provisions of these rules, and to promulgate and enforce compliance with such regulations so as to promote the intent and purpose of this chapter.
(Ord. 89-12 § 1.02)
A. 
Except as provided in subsection B of this section, a violation of any provision of this chapter or any rule or regulation adopted pursuant to it is a misdemeanor, punishable as set forth in the city's general penalty law.
B. 
Malicious injury or destruction of any real or personal property which constitutes vandalism under Penal Code Section 594 is subject to prosecution under that section, punishable as either a misdemeanor or a felony, as provided therein.
C. 
The city manager or the city manager's authorized designee shall have the authority to amend, modify, suspend or revoke a use permit upon finding of violation.
D. 
The city manager or the city manager's authorized designee may close or cause to be closed any city park, building, recreation area or portion thereof, and remove all persons therefrom when in the city manager's judgment such closing will best preserve the public peace, prevent damage to public property or quell or prevent violent disturbance. The city manager or the city manager's authorized designee may also cause to be removed any and all persons whose presence on the premises is disruptive to the normal and safe use and enjoyment of the premises.
(Ord. 89-12 § 1.04)