Except as provided in this chapter, it is unlawful for any person
within the limits of any park, recreational trail, library or other
recreation facility owned or operated by the city to:
A. Lead or let loose any animal except:
1.
Dogs or cats on a leash which are under the full control of
a person;
2.
Horses, ponies or the like which are ridden or led on bridle
trails or other areas designated for such purpose.
B. Possess an open container of, or to consume beer, wine, or other
alcoholic beverage, as defined in California Business and Professions
Code section 23004, in any city-owned park or recreational facility,
or in or upon any city-owned public place within the city.
1.
The provisions of subsection
B above, shall not apply to persons conducting or attending social events in or upon any city-owned park, recreational facility, or other city-owned public place where alcoholic beverages are being served, that are sponsored by the city, or that are conducted by established community service or similar non-profit organizations, or other persons, organizations or entities that have rented a city-owned park, recreational facility or other city-owned public place, having prior written authorization of the city manager or designee, after taking into account the nature of the event and potential risk to the public health and safety. During events to which this exception applies, the lawful consumption and type of alcohol and/or possession of open containers of alcoholic beverages is strictly limited to the immediate area where such event is being conducted and only for the duration of the event. A true copy of any required license or permit issued by the State of California Department of Alcohol Beverage Control, and the city manager's, or designee's, written authorization, authorizing the provision of the alcoholic beverage being served, must be in the possession of an authorized representative of the organization sponsoring the event, and that representative shall be present at all time at the event. The representative shall present the license or permit and/or city manager's, or designee's, written authorization, to any peace officer upon demand.
C. Enter or remain between the hours of 10:00 p.m. of one day and 6:00
a.m. of the following day, except to attend an event in the stadium
building located in the sports complex on the west side of Rochester
Avenue, south of Foothill Boulevard, or pursuant to a written authorization
issued by the city community services department or as part of a city-sanctioned
activity.
D. Light or maintain any fire, except in a stove, fire circle or other
place provided by the city for that purpose.
E. Throw, project or propel any object capable of causing serious personal
injury or damage to property, except that baseball, basketball, football
and other games where a ball is used may be played in areas designated
for such purposes.
F. Use vehicles in the following way(s):
1.
Park or stand any vehicle other than in a designated parking
area and in a single marked parking stall, except pursuant to a permit
issued by the city.
2.
Drive any vehicle other than on roads, trails or driveways provided
for that purpose, except pursuant to a written authorization issued
by the city.
3.
Drive any vehicle at a speed in excess of five miles per hour.
G. Ride or use playground equipment posted for use by children under
the age of 14 years, unless under the age of 14 years.
H. Litter, including the following:
1.
Throw, discard, place or dispose of any garbage or refuse upon
the ground or in any place other than a garbage can or other receptacle
maintained for such purpose.
2.
Bring garbage or refuse from outside the limits of the park
or recreation facility and deposit the same in garbage cans or receptacles.
3.
Fail to immediately remove and dispose of in a sanitary manner,
by replacing in a closed or sealed container and depositing in a trash
receptacle, any feces deposited by any animal owned by or in control
of a person.
I. Hold or engage in a musical concert or other musical event without
a written authorization issued by the city, except for those events
conducted within the stadium building located in the sports complex
on the west side of Rochester Avenue, south of Foothill Boulevard.
J. Fly any powered model aircraft other than rubber band-powered models
no longer than two feet in length or unmanned aviation system, except
in areas designated and posted for such purposes or pursuant to a
written authorization issued by the city.
K. Hunt, kill, wound, capture, or attempt to capture, any animal or
disturb its habitat.
L. Play any radio, tape recorder or other electronic sound-producing
device at such volume as to be audible at a distance of more than
50 feet.
M. Swim, dive, wade or in any way enter into any pond, lake, water feature,
reflecting pool or any similar body of water.
N. Sell or offer for sale any merchandise, article or thing of any kind or nature, including professional services, except in accordance with a sidewalk vending permit issued in accordance with chapter
9.35, as specifically authorized in writing by the city manager or designee, or pursuant to an agreement approved by the city council.
O. Bring, set up, or use any large equipment without written authorization
from the city. The term "large equipment" includes, but is not limited
to, inflatable structures, dunk tanks, and carnival rides.
P. Provide fitness or athletic instruction for commercial purposes without prior written authorization of the city pursuant to section
12.04.040.
1.
No written authorization will be issued for commercial fitness
or athletic activity at locations deemed by the city to be incompatible
with the public use of said location.
2.
Those authorized to provide commercial fitness or athletic instruction
must comply with all applicable federal, state, and city laws, rules
and regulations.
3.
Providing fitness or athletic instruction for commercial purposes
includes, but is not limited to, one-on-one instruction, group instruction,
done for compensation or done as part of a non-profit, association,
or other community group. Such conditions can be determined by observable
conditions, including equipment usage and uniform usage, as well as
advertisement for such fitness or athletic instruction.
4.
This section shall not be construed to limit the city's
ability to conduct activities, including, but not limited to, fitness
or athletic instruction, classes or camps, in city recreation facilities.
Q. Damage any city property, including the following;
1.
Cut, deface, remove, or damage any tree, shrub, plant, wood,
turf, rock, sand, gravel or earth except pursuant to a written authorization
issued by the city.
2.
Intentionally cause or facilitate damage of any kind to any
public property.
R. Use public facilities contrary to other city regulations, prohibitions,
or other directives, including:
1.
Fail to comply with posted city policies that govern the use
of specified areas. "Specified areas" include, but are not limited
to, sports fields, covered/uncovered picnic areas, playgrounds, skate
parks, dog parks, tennis courts, basketball courts, pickleball courts,
etc.
2.
Loiter at or around any restroom facility or other publicly
accessible building.
3.
Erect any barrier or lay, string, or join any wires, ropes,
chains or place any obstruction on or across any path, trail, or other
publicly accessible area, without prior written authorization from
the city.
(Code 1980, § 12.04.010; Ord. No. 85, § 1, 1979; Ord. No. 25, §§ 1, 2, 1985; Ord. No. 313, § 3, 1987; Ord. No. 505, § 1, 1992; Ord. No. 505-A, § 1, 1993; Ord. No. 509, § 2, 1993; Ord. No. 634, § 1, 2000; Ord. No. 741, § 1, 2005; Ord. No. 870 (Recodification), 2014; Ord. No. 908 § 1, 2017; Ord. No. 927 § 1, 2018; Ord. No. 939 § 1, 2018; Ord. No. 946 § 3, 2019; Ord. No. 1027, 5/15/2024)
A. The provisions of subsection
(A)(1) of section
12.04.010, requirin
g all dogs to be on-leash while in public parks within the city, and any similar requirement contained in the city's animal control regulations, shall not apply to the following:
1. Any
dog used by a law enforcement agency.
2. Any
dog while participating in a formal dog obedience training program,
dog show or other program expressly permitted or sponsored by the
city.
3. Any dog within a posted leash-optional area of any city-owned park, as established by resolution of the city council; provided, however, that nothing herein shall relieve the owner or person having charge, custody, care and/or control of such dog from the responsibility to maintain proper control over the dog. Furthermore, nothing herein shall be construed as relieving such person from any liability for any damages arising out of his or her use of a leash-optional area. In order to be subject to the exemption set forth in this subsection
3, all persons must comply with all requirements of law and the following rules and regulations when utilizing any leash-optional area:
a. No dog is permitted in a leash-optional area, except when in the
care, custody and control of a person at least 13 years old. Any person
under 13 years of age must be accompanied by and be under the direct
supervision of an adult. No person may have more than two dogs in
a leash-optional area at any one time. All dogs must be under the
voice control of their caretakers at all times. Dogs are permitted
in a leash-optional area between the following days and hours only:
Monday—Friday (year-round)
|
7:00 a.m. to 8:30 p.m.
|
Saturday (fall/winter)
|
8:00 a.m. to 5:00 p.m.
|
Saturday (spring/summer)
|
8:00 a.m. to 7:00 p.m.
|
Sunday (year-round)
|
8:00 a.m. to 5:00 p.m.
|
The fall/winter season begins the first Sunday in November,
and the spring/summer season begins the first Sunday in March each
year.
b. All dogs must be at least four months of age, vaccinated for rabies,
and currently licensed by the city's animal control authority. No
dog that is sick, in heat, injured, under four months of age, or which
displays aggressive behavior toward other dogs or humans is permitted
in any leash-optional area. Food or treats for dogs may not be brought
into any leash-optional area.
c. Any person having care, custody or control of a dog in a leash-optional
area shall quiet or remove the dog if it barks and shall promptly
remove and properly dispose of any waste deposited by such dog.
d. No animals other than dogs are permitted in any leash-optional area.
e. The use of a leash-optional area shall constitute an agreement by any such dog owner or person having the care, custody or control of the dog, to strictly follow the rules in this section
12.04.020(A)(3) and to assum
e all risks and to indemnify, defend and hold harmless the city, including its elected officials, officers and employees, with respect to any liabilities, claims, injuries or other damage to persons or property arising out of or connected with such person's use of the leash-optional area.
B. The provisions of subsections
C,
(F)(1),
(F)(2),
(F)(3),
O, and
P of section
12.04.010 shall not apply to city employees who are engaged in the performance of their duties.
(Code 1980, § 12.04.020; Ord. No. 85, § 4, 1979; Ord. No. 618, § 2, 2000; Ord. No. 837, § 2, 1-19-2011; Ord. No. 870 (Recodification),
2014; Ord. No. 927 § 1,
2018; Ord. No. 939 § 1,
2018; Ord. No. 1027, 5/15/2024)
The city manager or designee may adopt rules and regulations
for the issuance of any written authorization permitted hereunder.
Any such written authorization shall be issued by the community services
department.
(Code 1980, § 12.04.030; Ord. No. 85, § 5, 1979; Ord. No. 870 (Recodification), 2014; Ord. No. 927 § 1, 2018; Ord. No. 939 § 1, 2018)
The community services department, pursuant to the rules and
standards adopted by the city manager or designee, may issue written
authorizations permitting the exclusive temporary use of specified
recreational areas for groups desiring to engage in specified recreational
activities.
(Code 1980, § 12.04.040; Ord. No. 85, § 6, 1979; Ord. No. 870 (Recodification), 2014; Ord. No. 927 § 1, 2018; Ord. No. 939 § 1, 2018)
A. Any person engaging in any activity declared unlawful by section
12.04.010(C),
(J),
(N) or
(Q) is guilty of a misdemeanor and shall be punished as set forth in section
1.12.010.
B. Any person violating any other provision of this chapter
12.04, including, but not limited to, violation of any rules applicable to use of leash-optional areas, shall be guilty of an infraction, punishable as set forth in section
1.12.010.
(Code 1980, § 12.04.050; Ord. No. 85, §§ 2, 3, 1979; Ord. No. 509, § 3, 1993; Ord. No. 618, § 3, 2000; Ord. No. 837, § 3, 1-19-2011; Ord. No. 870 (Recodification), 2014; Ord. No. 927 § 1, 2018; Ord. No. 939 § 1, 2018)