For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings ascribed to them
in this section:
means the community services director or designee either
by contract or by employment with the City of Escondido.
means the public works director or designee either by contract
or by employment with the City of Escondido.
means a park, playground, recreation center, public school
athletic field, or any other area in the city owned or used by the
city which is devoted to active or passive recreation. It shall include
all adjacent facilities used in conjunction with the park such as
restrooms and locker rooms.
means any conveyance, whether motor-powered, animal-drawn
or self-propelled.
(Ord. No. 2000-32, § 1, 10-18-00)
The provisions of this article shall be applicable to all persons,
unless exempted, for the use of and conduct in recreational areas
in the city.
(Ord. No. 2000-32, § 1, 10-18-00)
The community services director, the public works director,
the city's park rangers and police officers shall, in connection with
their duties imposed by law, diligently enforce the provisions of
this chapter, and also those portions of the San Diego County Code
of Ordinances which are adopted in Chapter 4 of this code. City park
rangers and police officers are hereby authorized to arrest persons
for violations thereof in accordance with the provisions of sections
836 and 836.5 of the California Penal Code.
(Ord. No. 2000-32, § 1, 10-18-00)
Any person who willfully harasses or interferes with any city
employee in the performance of their duties in a recreational area,
or who by their conduct unreasonably interferes with the use of a
recreational area by any other person, or who has committed any public
offense in a recreational area, shall leave the recreational area
upon the request of the community services director, or any park ranger
or police officer, or a responsible school official where school facilities
are involved. No person who has left the premises after such a request
shall re-enter said recreational area for a period of 72 hours. Any
person who fails to leave or who re-enters the recreational area in
violation of this section is punishable by $1,000 fine and/or six
months in jail.
(Ord. No. 2000-32, § 1, 10-18-00)
The community services director, the public works director,
and any park ranger or police officer shall have the authority to
seize and confiscate any property, thing or device which is located
in the recreational area and which is used in violation of this article.
(Ord. No. 2000-32, § 1, 10-18-00)
Except for unusual and unforeseen emergencies, recreational
areas shall be open to the public every day of the year during designated
hours. The opening and closing hours for each individual recreational
area shall be posted therein for public information. It shall be an
infraction for any person to use or occupy a recreational area except
at such times as are designated.
(Ord. No. 2000-32, § 1, 10-18-00)
Any section or part of any recreational area may be declared
closed to the public by the community services director, the public
works director, any park ranger, any police officer or a responsible
public school official, as it pertains to school sites only, at any
time and for any interval of time, either temporarily or at regular
and stated intervals (daily or otherwise) and either entirely or merely
to certain uses, as the enforcing authority shall find reasonably
necessary.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall fail to cooperate in maintaining restrooms and
washrooms in a neat and sanitary condition.
(Ord. No. 2000-32, § 1, 10-18-00)
(a)
No
person over the age of eight years shall use a restroom or washroom
designated for members of the opposite gender. This section shall
not apply to the attendant of or a person who needs assistance with
toileting because of a disability.
(b)
A
restroom or washroom designated, by name or by symbol, as a family
restroom may be used by a member of any gender. However, only one
person at a time may use the restroom unless:
(Ord. No. 2000-32, § 1, 10-18-00)
(a)
Where
signs exist to mark designated trails in any recreational area, no
person shall enter any area which is not designated as a marked trail.
(b)
No
person shall enter an area posted as "Closed to the Public," nor shall
any person use or aid another in the use of any area in violation
of posted notices.
(c)
A
violation of this section shall be a misdemeanor.
(Ord. No. 2000-32, § 1, 10-18-00)
It shall be a misdemeanor to mark, deface, disfigure, injure,
tamper with, or displace or remove any buildings, bridges, tables,
benches, fireplaces, railings, paving material, water lines or other
public utilities or parts, signs, notices or placards whether temporary
or permanent, monuments, stakes, posts, or other boundary markers,
or other structures or equipment, in any recreational area.
(Ord. No. 2000-32, § 1, 10-18-00)
With respect to any city property or recreational area:
(a)
No
person shall damage, cut, carve, transplant or remove any tree or
plant or injure the bark, or pick the flowers or seeds, of any tree
or plant which causes damage to the tree or plant.
(b)
No
person shall attach any rope, wire or other contrivance to any tree
or plant which causes damage to the tree or plant.
(c)
No
person shall dig in or otherwise disturb grass areas, or in any other
way injure or impair the natural beauty or usefulness of any area.
(Ord. No. 2000-32, § 1, 10-18-00)
With respect to any city property or recreational area, no person
shall dig or remove any beach sand, whether submerged or not, or any
soil, rock, stones, trees, shrubs or plants, or cut down timber or
other wood or materials without prior approval of the community services
director.
(Ord. No. 2000-32, § 1, 10-18-00)
With respect to any city property or recreational area, no person
shall make any excavation by tool, equipment, blasting or other means
or agency.
(Ord. No. 2000-32, § 1, 10-18-00)
With respect to any city property or recreational area, no person
shall construct or erect any building or structure, whether permanent
or temporary, or run or string any public service utility into, upon
or across such lands, except on special written approval of the community
services director.
(Ord. No. 2000-32, § 1, 10-18-00)
(a)
No
person shall bring in or shall dump, deposit or leave any bottles,
broken glass, ashes, paper boxes, cans, dirt, rubbish or refuse, or
other trash or discarded items on any city property or recreational
area.
(b)
No
such refuse or trash shall be placed in or contiguous to any recreational
area, or left anywhere on the grounds, but shall be placed in the
proper receptacles where these are provided; where receptacles are
not provided, all such rubbish or waste shall be carried away from
the recreational area by the person responsible for its presence,
and properly disposed of elsewhere.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall throw, discharge or otherwise place or cause
to be placed in the waters of any fountain, pond, lake, stream, bay
or other body of water in or adjacent to any recreational area or
any tributary, stream, storm sewer or drain flowing into such waters,
any substance, matter or thing, liquid or solid, which will or may
result in the pollution of such waters.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall drop, throw or otherwise scatter lighted matches,
burning cigarettes or cigars, tobacco paper or other flammable material
within any recreational area or on any highway, road or street abutting
or contiguous thereto.
(Ord. No. 2000-32, § 1, 10-18-00)
(a)
Attendants
in any recreational area shall have the authority to regulate the
activities relative to picnicking in such areas when necessary to
prevent congestion and to secure the maximum use for the convenience
for everyone.
(b)
Visitors
to recreational areas shall comply with directions given by attendants.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall picnic or eat in a place which is posted as
a "no picnicking" area.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall use any portion of the picnic areas or any of
the buildings or structures therein for the purpose of holding picnics
to the exclusion of other members of the public except by facility
use permit or a special event permit on file with the city; nor shall
any person use such area and facilities for an unreasonable time if
the facilities are crowded.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall build or attempt to build a fire except in an
area posted as available for such use, and under such regulations
as may be designated by the community services director, public works
director or fire chief.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall violate the regulation that use of the individual
fireplaces together with tables and benches follows generally the
rule of "First-come, first-served."
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall leave a recreational area before the fire is
completely extinguished and before all trash in the nature of boxes,
papers, cans, bottles, garbage and other refuse is placed in the disposal
receptacles where provided. If no such trash receptacles are available,
then refuse and trash shall be carried away from the recreational
area by the picnicker to be properly disposed of elsewhere.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall disturb the peace and quiet of a recreational
area by any loud or unusual noise, or by the sounding of an automobile
horn or other noise-making device, or by the use of profane or obscene
gestures, or by the use of abusive or threatening language.
(Ord. No. 2003-02, § 9, 2-5-03)
No person shall:
(1)
Leave
a bicycle in a place other than a bicycle rack when such is provided
and there is an open space available.
(2)
Leave
a bicycle lying on the ground or paving, or set against a tree, or
any place or position where other persons may trip over or be injured
by it.
(3)
Operate
a bicycle on any sidewalk, or on any right-of-way not open to public
vehicular traffic at a speed greater than is reasonable and prudent,
having due regard for pedestrian traffic, and in no event at a speed
which endangers the safety of persons or property.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall bring into or operate any boat, raft or other
watercraft, whether motor-powered or not, upon any waters, except
at places designated for boating by the public works director.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall use the public docks in any recreational area
for dockage or other purposes without the approval of the public works
director, who shall assign space and collect reasonable rental charges
in conformity with established regulations and rates.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall navigate, direct, or handle any boat in such
a manner as to unjustifiably or unnecessarily annoy or frighten or
endanger the occupants of any other boat.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall launch, dock or operate any boat of any kind
on any waters between the closing hour of the recreational area at
night and opening hour the following morning, nor shall any person
be on, or remain on or in, any boat during the closing hours of the
recreational area.
(Ord. No. 2000-32, § 1, 10-18-00)
No person except an authorized city or fish and game official
shall hunt, trap or pursue wildlife with the intent to cause harm
to such wildlife. This section shall not prohibit fishing in authorized
areas in conformity with all state and federal laws.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall, unless properly authorized, use, carry or possess
firearms of any description, or air rifles, spring guns, bows and
arrows, slings or any other form of weapons potentially inimical to
wildlife and dangerous to human safety, or any instrument that can
be loaded with and fire blank cartridges, or any kind of trapping
device in any recreational area.
(Ord. No. 2000-32, § 1, 10-18-00)
Shooting into any recreational area from beyond the area's boundaries
is a misdemeanor.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall take part in or abet the playing of any games
involving thrown or otherwise propelled objects such as stones, arrows,
javelins, or model airplanes except in areas set apart for such forms
of recreation. The playing of rough or comparatively dangerous games
such as football, baseball and quoits is prohibited except in the
fields and courts or areas provided therefor. Roller skating shall
be confined to those areas specifically posted as available for such
activity.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall expose or offer for sale any article or thing,
nor shall he or she station or place any stand, cart, or vehicle for
the transportation, sale or display of any such article or thing in
any recreational area. An exception to this prohibition is made to
any regularly licensed concessionaire or nonprofit organization in
conjunction with community-sponsored events acting by permit and under
the authority and regulation of the community services director.
(Ord. No. 2000-32, § 1, 10-18-00)
(a)
Except
as specifically set forth in this section, it is unlawful for any
person to consume or possess an open container of any alcoholic beverage
as defined in Section 23004 of the California Business and Professions
Code in any recreational area within the City of Escondido, including
Dixon Lake and Lake Wohlford. However, beer and wine, as defined by
California Business and Professions Code Sections 23006 and 23007
respectively, may be consumed in the camping area at Dixon Lake.
(b)
At
the discretion of the community services director, the city may grant
a permit for the distribution and consumption of alcoholic beverages
to persons or organizations sponsoring special events to be held in
any recreational area within the City of Escondido which is open to
the public with or without charge, provided such person or organization:
(1)
Provides sufficient security as determined by the community services
director after consulting with the chief of police, the cost of such
security to be borne completely by the person of organization applying
for a permit under this section; and
(2)
Obtains and maintains for at least the duration of the event general
liability insurance with coverage amounts determined and in a form
approved by the city attorney, which shall include liability coverage
for events and activities where alcoholic beverages are consumed or
sold, and shall separately identify and name the City of Escondido
as an additional insured;
(3)
Abide by all state laws; and
(4)
Obtain an alcoholic beverage control license.
(c)
The
community services director shall consult with other officials, including
but not limited to the chief of police, the fire chief, the risk manager
and the building director, to determine the need for any specific
requirements appropriate to the event or events and the location of
the event or events in which alcoholic beverages are to be consumed
and/or sold, and shall include such determinations as conditions of
or to the grant of a permit authorized by this section.
(d)
All
applications authorized by this section shall be submitted to the
community services director no later than 60 days prior to the first
day of the event or events.
(e)
Within
10 days after notice by the community services director to the person
or organization applying for a permit under this section of denial
or conditional approval of such application for permit, such person
or organization may petition the city council, in writing, for a public
hearing. The city council, after notice and a public hearing, may
sustain, reverse or modify the action of the community services director.
(f)
Any
person or organization who violates any provision of this section
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in an amount not exceeding $1,000 or be imprisoned
for a period not exceeding six months, or by both such fine and imprisonment.
Each day such violation is committed or permitted to continue shall
be punishable as a separate offense.
(g)
As
an additional remedy, any person or organization who violates any
provision of this section shall be subject to any civil penalties
authorized by this Code, including but not limited to, cost recovery
of reasonable and necessary city services.
(Ord. No. 2000-32, § 1, 10-18-00; Ord. No. 2003-02, § 10, 2-5-03)
No person shall announce, advertise or call the public attention
in any way to any article or service for sale or hire in any recreational
area, except when authorized by a permit issued in advance by the
community services director.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall paste, glue, tack or otherwise post any sign,
placard, advertisement on any public lands or highways or roads adjacent
to or in any recreational area.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall use or operate, or permit to be played, used or operated, any stereo receiver, radio, cassette tape player, compact disc player, musical instrument, phonograph, television set or other device for the production or reproduction of sound in such manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity located in the area; or in a manner to exceed those levels set forth in section 17-229 of this code when measured at a distance of 25 feet from such device operating in a public right-of-way or public space, whether from a mobile or fixed source. Subject to permit issued by the City of Escondido specifying time, location and other conditions, amplified sound may be permitted within recreational areas subject to the restrictions imposed by section 17-229 of this code.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall walk or stand upon tables, benches, monuments,
vases or fountains, or sit on tables or upon other property not designated
or customarily used for such purposes.
(Ord. No. 2000-32, § 1, 10-18-00)
It is the intent of this section to impose reasonable place
and manner limitations on solicitation, as defined herein, in order
to protect the safety of the general public against "abusive solicitation"
in recreational areas within the city while respecting the constitutional
right of free speech.
The following words or phrases as used in this section shall
have the following meanings:
means to do one or more of the following while engaging in
solicitation or immediately thereafter:
Coming closer than three feet to the person solicited unless
and until the person solicited indicates that he or she wishes to
make a donation;
Blocking or impeding the passage of the person solicited;
Following the person solicited by processing behind, ahead or
alongside of him or her after the person solicited declines to make
a donation;
Threatening the person solicited with physical harm by word
or gesture;
Abusing the person solicited with words which are offensive
and inherently likely to provoke an immediate violent reaction;
Touching the solicited person without the solicited person's
consent; or
Soliciting from any person traveling in a vehicle.
|
No person shall engage in abusive solicitation in any recreational
areas within the city. Any person who engages in abusive solicitation
as defined herein shall be guilty of a misdemeanor.
|
means a gift of money or other item of value and shall also
include the purchase of an item for an amount far exceeding its value
under circumstances where a reasonable person would understand that
the purchase is in substance a gift.
means any request made in person seeking an immediate donation
of money or other item of value. A person shall not be deemed to be
in the act of solicitation where he or she passively displays a sign
or gives any other indication that he or she is seeking donations
without addressing his or her solicitation to any specific person,
other than in response to an inquiry by that person.
(Ord. No. 2000-32, § 1, 10-18-00; Ord. No. 2003-02, § 11, 2-5-03; Ord. No. 2015-15, § 2, 8-5-15)
(a)
No
person shall bring a dog or other domestic animal in a recreational
area, except:
(1)
Service animals accompanied by a person with a disability, pursuant
to state and federal law; or
(2)
Where signs are present indicating that dogs or other domestic animals
are allowed, subject to the conditions and restrictions posted on
such signs; or
(3)
Where a permit has been issued by the community services director.
(b)
Where
dogs or other domestic animals are allowed in recreational areas,
subject to the conditions and restrictions above, dogs must be on
a leash, and any other domestic animal must be restrained to a similar
degree, except where signs are posted which designate that dogs or
other domestic animals are allowed without such restraint.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall ride a horse except on designated bridle trails.
Where permitted, horses shall be thoroughly broken and properly restrained,
and ridden with due care, and shall not be allowed to graze or go
unattended, nor shall they be hitched to any rock, tree or shrub.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall within any recreational area have, possess,
or use any trampoline, air jump, or similar apparatus, except in locations
where the community services director has issued a special permit
in advance.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall fish, wade, or swim in any lake owned by the
city, except in compliance with any posted city rules and regulations.
(Ord. No. 2000-32, § 1, 10-18-00)
No person shall, within any recreational area, have, possess
or use any cup, tumbler, jar, receptacle or container made of glass
and used for carrying or containing any liquid for drinking purposes,
except in locations where such containers are specifically permitted
under this code.
(Ord. No. 2000-32, § 1, 10-18-00)
When posted, persons participating in hazardous recreational
activities at the Escondido Sports Center or other designated areas,
which include the use of skateboards, in-line skates, roller skates,
or bicycles, must wear the following safety equipment.
(Ord. No. 2000-32, § 1, 10-18-00)
Except as otherwise provided by any specific section of this
chapter, violation of any provision of this chapter is an infraction
punishable by:
(1)
A
fine not exceeding $100 for a first time violation;
(2)
A
fine not exceeding $200 for a second violation of the same section
within one year;
(3)
A
fine not exceeding $500 for each additional violation of the same
section within one year.
(Ord. No. 2000-32, § 1, 10-18-00)
