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.
"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.
"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.
"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;
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:
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)