As used in this chapter:
"Director"
means the Community Resources Director, or a designee of
the Community Resources Director or the City Manager.
"Park"
means any property or recreational facility that is designated
as a city park by city ordinance or resolution. For purposes of this
chapter, the term "park" shall include, but not be limited to, any
public square, recreation facility, reserved park area, playground,
tot lot, public trail, or trail system.
"Vehicle"
means any wheeled conveyance, whether motor powered, animal-drawn,
or self-propelled, but does not include baby carriages, strollers,
wheelchairs or other mobility assistive devices for disabled park
visitors and vehicles in the service of the City of Napa.
(O2009 2; O2009 9; O2020-011)
It is unlawful for any person to enter, loiter or remain in
or upon any city park, playground, tot lot or other facility at any
time between dusk and dawn, except as may be otherwise posted at the
entrance to the facility or as designated by the Community Resources
Director. The Community Resources Director may close parks to public
use if he or she deems it necessary due to unsafe conditions such
as extreme fire danger or when such park is unsafe.
(O93 022)
It is unlawful for any person to fail to cooperate in maintaining
restrooms and washrooms in a neat and sanitary condition, or use such
facilities for purposes other than those intended.
(O2989)
It is unlawful for any person to build, light, kindle, or maintain
any open or outdoor fire at any place within the boundaries of any
city park unless either: (A) the person is acting in compliance with
written authorization from the director and the city Fire Safety Official,
or (B) the person is acting in accordance with signs posted by the
city that authorize outdoor fire within specified areas or facilities
and the fire is for the purposes of food preparation and contained
within a designated barbeque area.
(O2009 2)
A. No
person shall enter any body of water owned, managed, controlled or
operated by the city for the purpose of swimming, wading or bathing
except in those areas designated.
B. All
persons operating or docking a boat on land or water owned, managed,
controlled or operated as a city park shall comply with posted restrictions,
conditions, regulations and all state and city laws.
C. No
person shall pollute in any manner any water owned, managed, controlled
or operated as a city park and no person shall deposit or cause to
be deposited any foreign material such as glass, paper, garbage, or
rubbish of any kind in said waters.
(O2989)
It is unlawful for any person to camp overnight, erect a campsite
or tent on land owned, managed, controlled or operated as a city park,
playground, tot lot or other facility except with permission of the
Community Resources Director.
(O93 022)
It is unlawful for any person, or group of people, to use a park for any commercial purpose, including the sale of any service, merchandise or food, except to the extent authorized by permit pursuant to Chapter
12.48.
(O2009 2)
Any person desiring to reserve a portion of a park or recreational facility, or desiring to use a portion of a park or recreational facility for which a permit from the city is required, shall submit an application to the director pursuant to Chapter
12.48. It is unlawful for any person to use or enter any recreational facility, or reserved park area unless that person is acting in accordance with a permit issued by the city in accordance with Chapter
12.48.
(O2009 2)
A. It is unlawful for any person to operate any vehicle in or on any park (particularly any portion of any park that is turfed, landscaped or unimproved), except as authorized by state law on any public street or in an area posted for parking of vehicles, and except to the extent authorized by permit pursuant to Chapter
12.48. As used in this section, the terms "bicycle," "vehicle" and "street" are defined by the California
Vehicle Code.
B. It is unlawful for any person to wash or repair any vehicle, any other wheeled conveyance (including any bicycle, trailer or wagon), or any other equipment in a park, except to the extent authorized by permit pursuant to Chapter
12.48.
C. It is unlawful for any person to park, abandon or otherwise allow to remain within any park any vehicle or other wheeled conveyance between dusk and dawn, except to the extent authorized by permit pursuant to Chapter
12.48.
D. It is unlawful for any person to operate any bicycle in or on any park, except as authorized by state law on any public street, bike path, or any area posted for parking of vehicles; except on any park area that is improved (by paving or gravel) and is designated as authorized for the operation of a bicycle (for example, in accordance with the terms of the license for use of the BMX track); and except to the extent authorized by permit pursuant to Chapter
12.48.
(O2009 2)
It is unlawful for any person to throw, hit, or otherwise project
any hard object (such as a baseball, golf ball, stick or stone) in
any manner that unreasonably interferes with the lawful use of a park
by any other member of the public; unless the person is acting in
accordance with signs posted by the city that authorize the activity
(for example, at a baseball field).
(O2009 2)
No gambling of any kind or description shall be permitted within
the boundaries of land or water owned, managed, controlled or operated
as a city park, playground, tot lot or other park or playground facility.
(O2989)
A. No
person shall fly motorized model airplanes or operate motorized model
boats or motorized model automobiles or motorized model craft of any
kind or description on land or water owned, managed, controlled or
operated as a city park, playground, tot lot or other park or playground
facility, except in areas set aside for those specific activities
and with authorization and permit issued by the Director of Community
Resources.
B. The
Director of Community Resources shall be authorized to develop conditions
of use or rules for the safe and orderly operation of models in those
areas so designated. The Director of Community Resources shall have
the right to prohibit violators of any rules established by the Director
from operating any models on city maintained parks or facilities.
C. Hours
for operation of gas powered models shall be from 9:00 a.m. to 5:00
p.m. Monday through Saturday, 12:00 noon to 4:00 p.m. Sunday or as
posted by the Director of Community Resources.
(O93 022)
It is unlawful for any person to land, takeoff in or otherwise
use small aircraft, gliders, or any other fixed winged craft, or a
paraplane or parasail in a city park, playground, tot lot or other
facility except with the permission of the Community Resources Director.
(O93 022)
It is unlawful for any person to land or otherwise operate a
hot air balloon within a city park, playground, tot lot or other facility
without prior written permission of the Director. The Director shall
not withhold permission if the applicant: (A) lands only when other
appropriate landing sites are not accessible; and (B) provides a certificate
of insurance covering, and indemnification of, the city for the proposed
activity to the satisfaction of the Director, in consultation with
the City Attorney.
(O2009 2)
A. It
is unlawful for any person to mark, deface, disfigure, injure, tamper
with, displace or remove any building, bridge, table, bench, fireplace,
railing, fence, paving, water line or other utility, monument, stake,
post or other structures or equipment, facilities or city park property
or appurtenances whatsoever, either real or personal, including, but
not limited to, wood or other pieces of trees or vegetation.
B. It
is unlawful for any person to engage in any games, actions or conduct
injurious to or to injure in any manner any trees, shrubs, plants,
flowers or other property in any city park, playground, tot lot or
other park or playground facility.
C. It
is unlawful for any person to misuse, damage, cut, carve, transplant
or remove any tree, plant, wood, turf or ground cover, or pick the
flowers or seeds of any tree or plant, or attach any rope, wire or
other object to any tree or plant within any city park, playground,
tot lot or other park or playground facility, except as may be designated
by the Community Resources Director.
(O93 022)
It is unlawful for any person to possess in a city park, playground,
tot lot or other park or playground facility any hatchet, ax, machete,
brush knife or any other device, other than a legal pocket knife or
cutlery necessary for the preparation of food, capable of cutting,
defacing or mutilating trees or shrubs except in a place, manner and
time as may be designated by the Community Resources Director.
(O93 022)
It is unlawful for any person to climb any tree or walk, stand
or sit upon monuments, vases, fountains, railings, fences or upon
any other property not designated or customarily used for such purposes.
(O2989)
A. It is unlawful for any owner/guardian or responsible party to permit a dog to enter upon land or water owned, managed, controlled, or operated as a city park (including any playground, tot lot, or other park or playground facility), except as provided by Section
6.04.170 and this section.
1. Consistent with the provisions of Section
6.04.170, the City Council may, by resolution, identify certain parks or areas within city parks or recreational areas as "off-leash areas." Any off-leash area shall be posted with conspicuous signage, consistent with Section
12.36.270(B). In any "off-leash" area, no more than five dogs per owner/guardian, or per responsible party, shall be allowed at any one time, and the owner/guardian, or responsible party, must be physically present at the park at all times. Any dog whose owner/guardian, or responsible party, is not physically present may be impounded pursuant to the authority set forth in Chapter
6.04.
2. It
is a violation for any owner/guardian or responsible party to permit
a dog to enter into any park area that is posted as a play area for
children, including sand or wood-chip covered play equipment areas
or other fenced tot lots, or play areas.
B. A person
shall not leave or deposit dogs, cats or other animals, fowl or fish,
whether dead or alive, within the boundaries of land or water owned,
managed, controlled or operated as a city park, playground, tot lot
or other park or playground facility.
C. It
is unlawful for any person to hunt, molest, harm, frighten, kill,
trap, chase, tease, shoot or throw missiles at any animal, reptile,
or bird, or remove or have in his or her possession the young of any
wild animal, or the eggs or nest or young of any reptile or bird.
D. It
is unlawful for any person to take or collect fish or any other aquatic
life except in areas and at times designated by the Community Resources
Director.
E. It
is unlawful for any person to hunt, trap or pursue wildlife at any
time in any city park, playground, tot lot or other park or playground
facility, nor shall any person, other than peace officers in the discharge
of their duties, possess, carry or use firearms of any description,
or air or gas rifles, spring guns, bows and arrows, slings or any
other form of weapon potentially inimical to wildlife and dangerous
to human safety, or any kind of trapping device. The mere possession
of such firearm or device herein specified in any city park shall
be a violation of this section, whether such firearm or device is
loaded or unloaded. Shooting into park areas from beyond park boundaries
is forbidden.
F. No
person other than one acting under authorization or direction of the
Community Resources Director shall ride a horse, pony, mule or animal
of any description onto or over land owned, managed, controlled or
operated as a city park, playground, tot lot or other park or playground
facility other than upon roads and trails and at times designated
for such riding.
(O2009 2)
No person shall wear shoes or foot covering that will damage,
injure or create the need for excessive maintenance on any field,
park, turf or specialized surface prepared for particular games or
activities. In areas posted with a sign specifying footwear authorized
or approved, it is unlawful for any person to enter any such area
in other than the footwear so required.
(O2989)
It is unlawful for any person to dump, deposit or leave any
bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste,
garbage or refuse in a place other than in the receptacles provided
therefor.
(O2989)
A. No
person shall serve, or cause to be served, consume, or possess alcoholic
beverages of any kind whatsoever within the boundaries of land or
water (or within a building) owned, managed, controlled, or operated,
as a city park, playground, tot lot, or other facility without a permit.
C. The
Director may, at his or her discretion, issue permits only for certain
facilities owned or operated by the city. Any permit issued may, at
the discretion of the Community Resources Director, contain conditions
as to the type and amount of beverages to be served, numbers of persons,
time and place, security precautions, and any other conditions reasonably
related to the maintenance of public health and safety. When alcoholic
beverages are being served pursuant to such a permit, the permit shall
be on the premises and available for inspection by any city employee.
(O2007 18)
No person shall attach to any park facility materials, devices
or equipment for the purpose of decorating that facility or for any
similar purpose without first having obtained the permission of the
Parks and Recreation Director.
(O2989)
Within the limits of any existing or future park or tot lot
in the city, it is unlawful for any person, firm, or corporation,
to use or possess any glass beverage containers within the boundaries
of any park or tot lot.
(O2989)
It is unlawful for any person to ride a skateboard, roller skates,
inline skates or scooter in a city park unless: (A) the person is
acting in accordance with signs posted by the city that authorize
the activity in a particular area with facilities designated and maintained
for recreational skateboard use; and (B) the person is wearing a helmet,
elbow pads and kneepads.
(O2009 2)
Jump houses and all other inflatable structures, including, but not limited to, moonwalks, inflatable slides, waterslides, and other inflatable play structures, are prohibited in all city parks (including recreation areas), except to the extent authorized by permit pursuant to Chapter
12.48.
(O2009 2)
A. The City Manager is authorized to establish and maintain written administrative regulations which implement the requirements of this chapter and Chapter
12.48. A copy of the administrative regulations shall be maintained in the office of the City Clerk. The administrative regulations shall be approved by the City Manager, based on the recommendation of the Community Resources Director, and subject to the review and approval as to form by the City Attorney. The administrative regulations may include, but are not limited to the following elements: identification of any delegation of duties to qualified city employees, identification of the processes by which city staff will post signs at city parks and recreational facilities to reasonably notify the public regarding the requirements of this chapter, and identification of any other administrative actions that are necessary to preserve park property and public safety by regulating park space and facilities among competing uses, including the prohibition of certain activities in certain areas, and the restriction of certain activities to certain areas or times.
B. Whenever any activity or use is restricted or prohibited in specified areas of any park, the City Manager shall cause signs to be posted to reasonably notify the public of such restrictions or prohibitions, and to reasonably notify the public of the punishment for a violation. It is a violation of this code punishable pursuant to Chapter
1.16 for any person to either: (1) fail to obey any restriction or prohibition stated in any sign posted in accordance with this chapter, or (2) fail to comply with any requirements of this chapter, after receiving actual or constructive notice of the requirement.
(O2009 2)
Smoking is prohibited in any park. It is a violation of this code for any person to be smoking in any park. It is a violation of this code for any responsible person (such as the event organizer who is issued a permit to use a park, in accordance with Chapter
12.48) to permit smoking in any park.
(O2009 9; O2020-011)