This chapter shall be known and may be cited as the "City of
Westminster Ordinance Regulating Conduct in Public Parks."
(Prior code § 6100)
For the purposes of this chapter, the following terms, phrases,
words and derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
is the city of Westminster, county of Orange, state of California.
is a person immediately in charge of any park area and its
activities to whom all park attendants of such area are responsible.
or "intoxicating liquor" or "intoxicating beverage" is any
and all spirituous, vinous, malt or fermented liquors, liquids or
compounds, whether medicated proprietary, patented or not, and by
whatever name called, containing one-half of one percent or more of
alcohol, by volume, which are potable or fit for use as, or which
may be used for beverage purposes.
is a park, reservation, playground, beach, recreation center
or any other area in the city owned and used by the city and devoted
to active or passive recreation.
is any individual, firm, copartnership, joint venture, association,
social club, fraternal organization, corporation, or any other group
or combination acting as a unit.
is any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term includes any trailer-in-tow of any size,
kind or description. Exception is made for baby carriages and vehicles
in the service of city parks.
(Prior code § 6100.1)
No person in a park shall:
A.
Buildings
or Other Property.
1.
Wilfully
mark, deface, disfigure, injure, tamper with or displace or remove
any buildings, bridges, cables, benches, fireplaces, railings, paving
or paving material, waterlines or other public utilities or parts
or appurtenances thereof, signs, notices or placards, whether temporary
or permanent, monuments, stakes, posts or other boundary markers,
or other structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal;
2.
Fail
to cooperate in maintaining restrooms and washrooms in a neat and
sanitary condition. No person over the age of six years shall use
the restrooms and washrooms designated for the opposite sex;
3.
Dig
or remove any beach sand, whether submerged or not, or any soil, rock,
stones, trees, shrubbery or plants, down timber, or any other wood
or material, or make excavations by tool, equipment, blasting or other
means or agency;
4.
Construct
or erect any building or structure of whatever kind, whether permanent
or temporary in character, or run or string any public service utility
into, upon or across such lands, except on special permit issued hereunder.
B.
Trees,
Shrubbery and Lawns.
1.
Damage,
cut, carve, transplant or remove any tree or plant, or pick the flowers
or seeds of any tree or plant. Nor shall any person attach any rope,
wire or other contrivance to any tree or plant. A person shall not
dig in or otherwise disturb grass areas, or in any other way injure
or impair the natural beauty or usefulness of any area;
2.
Climb
any tree or walk, stand or sit upon monuments, vases, fountains, railings,
fences or gun carriages, or any other property not designated or customarily
used for such purposes;
3.
Tie
or hitch a horse or other animal to any tree or plant.
C.
Wild
Animals and Birds.
1.
Hunt,
molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles
at any animal, reptile or bird; nor shall he remove or have in his
possession the young of any wild animal or the eggs or nest or young
of any reptile or bird; nor shall he collect, remove, have in his
possession, give away, sell or offer to sell, or buy or offer to buy,
or accept as a gift any specimen, alive or dead of any of the group
of tree snails. Exception to the foregoing is made in that snakes
known to be deadly poisonous, such as rattlesnakes, moccasins, coral
snakes or other deadly reptiles may be killed on sight;
2.
Give
or offer, or attempt to give to animal or bird, any tobacco, alcohol
or other noxious substances.
(Prior code § 6100.2)
No person in a park shall:
A.
Throw,
discharge or otherwise place or cause to be placed in the water of
any fountain, pond, lake, stream, bay or other body of water in or
adjacent to any park, 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 said waters;
B.
Have
brought in or dump, deposit or leave any bottles, broken glass, ashes,
paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other
trash. No such refuse or trash shall be placed in any waters in or
contiguous to any park, or left anywhere on the ground thereof, but
shall be placed in the proper receptacles, where these are provided;
where receptacles are not so provided, all such rubbish or waste shall
be carried away from the park by the person responsible for its presence
and properly disposed of elsewhere;
C.
Fail
to observe carefully all traffic signs indicating speed, direction,
caution, stopping or parking, and all others posted for proper control
and to safeguard life and property;
D.
Ride
or drive a vehicle at a rate of speed exceeding ten miles per hour,
except upon such roads as the director may designate by posted signs
for speedier travel;
E.
Drive
any vehicle on any area except the paved park roads or parking areas,
or any such other areas as may on occasion be specifically designated
as temporary parking areas by the director;
F.
Parking.
1.
Park
a vehicle in other than an established or designated parking area,
and such use shall be in accordance with the posted directions thereat
and with the instructions of any attendant who may be present,
2.
Full-park
on the road or driveway at any time. In order to enjoy some special
natural scenic feature, vehicles may be parked with the two left wheels
near the right edge of the paving for not more than ten minutes. No
stopping or parking is permitted even briefly, on the left side of
any road or driveway,
3.
Leave
any vehicle anywhere in the park with one or more wheels chained,
or with motor set in gear and doors locked, or in any manner fixed
or arranged so that such vehicle cannot readily be moved by hand,
4.
Leave
a vehicle standing or parked at night without lights clearly visible
for at least two hundred fifty feet from both front and rear on any
driveway or road area except legally established parking areas,
5.
Fail
to immediately notify an attendant of an emergency in the nature of
a breakdown requiring the assistance of a tow truck, mechanic or other
person,
6.
Double-park
any vehicle on any road or parkway, unless directed by a park official,
7.
Fail
to use a muffler adequate to deaden the sound of engine in a motor
vehicle;
G.
Bicycles.
1.
Ride
a bicycle on other than a paved, vehicular road or path designated
for that purpose. A bicyclist shall be permitted to wheel or push
a bicycle by hand over any grassy area or wooded trail, or on any
paved area reserved for pedestrian use,
2.
Ride
a bicycle other than on the right-hand side of the road paving, as
close as conditions permit, and bicycles shall be kept in single file
when two or more are operating as a group. Bicyclists shall at all
times operate their machines with reasonable regard to the safety
of others, signal all turns, pass to the right of any vehicle they
are overtaking, and pass to the right of any vehicle they may be meeting,
3.
Ride
any other person on a bicycle,
4.
Leave
a bicycle in a place other than a bicycle rack when such is provided
and there is a space available,
5.
Leave
a bicycle laying on the ground or paving, or set against trees, or
in any place or position where other persons may trip over or be injured
by it,
6.
Ride
a bicycle on any road between fifteen minutes after sunset or before
thirty minutes before sunrise without an attached headlight plainly
visible at least two hundred fifty feet in front, and without a red
taillight or red reflector plainly visible from at least two hundred
feet from the rear of such bicycle.
(Prior code § 6100.3)
No person in a park or other public property shall commit any
of the following acts:
A.
Intoxicating
Beverages.
1.
Have
brought alcoholic beverages, nor shall any person drink alcoholic
beverages, at any time in the park,
2.
At
certain specifically designated recreation centers where meals or
lunches are served under concession privileges, the sale of alcoholic
beverages by such concessionaire will be permitted under the strict
regulation and control of the director. Sales of alcoholic beverages
shall be made only in individual drinks (not in original packages
or otherwise in bulk), and shall be served for consumption on the
immediate premises of the concession;
B.
Fireworks
and Explosives. Brought or have in his possession, or set off, or
otherwise cause to explode or discharge or burn any firecracker, torpedo,
rocket or other fireworks or explosives or inflammable material, or
discharge them or throw them into any such area from land or highway
adjacent thereto. This prohibition includes any substance, compound,
mixture or article that in conjunction with any other substance or
compound would be dangerous from any of the foregoing standpoints;
C.
Domestic
Animals. Have been responsible for the entry of a dog or other domestic
animal into areas other than automobile parking concourses and walks
immediately adjacent thereto, and in such other areas as may be clearly
marked by signs bearing the words, "Domestic Animals Permitted in
this Area." Nothing herein shall be construed as permitting the running
of dogs at large. All dogs in those areas where such animals are permitted
shall be restrained at all times on adequate leashes not greater than
six feet in length;
D.
Reservation
of Facilities. Occupy any seat or bench, or enter into or loiter or
remain in any pavilion or other park structure, or section thereof,
which may be reserved and designated by the board for the use of the
opposite sex. Exception is made for children under six years of age;
E.
Appear
at any place in other than proper clothing. With the exception of
the restricted bathing and recreational areas, "properly clothed"
shall be construed to prohibit the wearing of trunks or clothing that
does not cover the upper portion of the body;
F.
Build
or attempt to build a fire except in such area and under such regulations
as may be designated by the director. No person shall drop, throw
or otherwise scatter lighted matches, burning cigarettes or cigars,
tobacco paper or other inflammable material within any park area or
on any highway, road or street abutting or contiguous thereto;
G.
Closed
Areas. Enter an area posted as "Closed to the Public," nor shall any
person use or abet the use of any area in violation of posted notices;
H.
Games
of Chance. Gamble or participate in or abet any game of chance;
I.
Exhibit
Permits. Fail to produce and exhibit any permit from the director
he claims to have, upon request of any authorized person who desires
to inspect same for the purpose of enforcing compliance with any ordinance
or rule;
J.
Interference
with Permittees. Disturb or interfere unreasonably with any person
or party occupying any area, or participating in any activity, under
the authority of a permit;
K.
Game Concessions. Operate game booths, game concessions or midway concessions, excluding food booths, amusement rides, fun houses or side shows, unless sponsored by a nonprofit organization, as defined in Section 5.08.150 of this code;
L.
No
person shall be allowed to fly a motor-driven or fuel-propelled rocket,
missile or airplane of any type, or operate self-powered crafts of
any kind in any park, grounds or recreation center except at such
places as are designated for such use by the department of community
services and recreation;
M.
No
person shall play, practice or in anyway engage in the game of golf
or archery in any park, city grounds or parkway in the city, except
at the time and places designated by the director of community services
and recreation and under the supervision of the community services
and recreation department;
N.
No
person shall be allowed to skateboard, roller blade or play, practice
or participate in roller hockey except at the time and places designated
for such use by the department of community services and recreation
and under the supervision of the department of community services
and recreation.
(Prior code § 6100.6; Ord. 1874 § 3, 1978; Ord. 2258 § 1, 1996)
No person in a park shall:
A.
Expose
or offer for sale any article or thing, nor shall he/she station or
place any stand, card or vehicle for the transportation, sale or display
of any such article or thing. Exception is here made to any regularly
licensed concessionaire acting by and under the authority and regulation
of the director;
B.
Announce,
advertise or call the public attention in any way to any article or
service for sale or hire;
C.
Paste,
glue, tack or otherwise post any sign, placard, advertisement or inscription
whatever; nor shall any person erect or cause to be erected any sign
whatever on any public lands or highways or roads adjacent to a park.
(Prior code § 6100.7)
A.
Hours.
All parks in the city adjacent to arterial highways shall be closed
to the public between the hours of nine p.m. and six a.m., except
when said parks are being used for activities under the supervision
of the recreation and parks director. Any person violating the provisions
of this subsection shall be guilty of a misdemeanor.
B.
Closed
Areas. Any section or part of any park may be declared closed to the
public by the director 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 me director shall
find reasonably necessary.
C.
Lost
and Found Articles. The finding of lost articles by park attendants
shall be reported to the director, who shall make every reasonable
effort to locate the owners. The director shall make every reasonable
effort to find articles reported as lost.
D.
Permit.
1.
A
permit shall be obtained from the appropriate director before participating
in the following park activity: Athletic field reservation; Building
and auditorium use and reservation; Reservation of picnic areas by
more than twenty-five people.
2.
Application.
A person seeking issuance of a permit hereunder shall file an application
with the appropriate director. The application shall state:
a.
The name and address of the applicant;
b.
The name and address of the person, persons, corporation or association
sponsoring the activity, if any;
c.
The day and hours for which the permit is desired;
d.
The park or portion thereof for which such permit is desired;
e.
An estimate of the anticipated attendance;
f.
Any other information which the director shall find reasonably necessary
to a fair determination as to whether a permit should issue hereunder.
3.
Standards
of Issuance. The director shall issue a permit hereunder when he or
she finds that:
a.
The proposed activity or use of the park will not unreasonably interfere
with or detract from the general public enjoyment of the park;
b.
The proposed activity or use will not unreasonably interfere with
or detract from the promotion of public health, welfare, safety and
recreation;
c.
The proposed activity or use is not reasonably anticipated to incite
violence, crime or disorderly conduct;
d.
The proposed activity will not entail unusual, extraordinary or burdensome
expense or police operation by the city;
e.
The facilities desired have not been reserved for other use at the
day and hour required in the application.
4.
Appeal. Within fifteen days after receipt of an application, the director shall apprise an applicant, in writing, of his or her reasons for refusing a permit, and any aggrieved person shall have the right to appeal, in writing, within thirty days to the city council, which shall consider the application under the standards set forth in subsection 2 above and sustain or overrule the director's decision within thirty days. The decision of the city council shall be final.
5.
Effect
of Permit. A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though same were inserted in
said permits.
6.
Liability
of Permittee. The person or persons to whom a permit is issued shall
be liable for any loss, damage or injury sustained by any person whatever
by reason of the negligence of the person or persons to whom such
permit has been issued.
7.
Revocation.
The director shall have the authority to revoke a permit upon a finding
of violation of any rule or ordinance or upon good cause shown.
(Prior code § 6100.8; Ord. 1874 § 2, 1979)
A.
Officials.
The director and park attendants shall, in connection with their duties
imposed by law, diligently enforce the provision of this chapter.
B.
Ejectment.
The director and any park attendant shall have the authority to eject
from the park any person acting in violation of this chapter.
C.
Seizure
of Property. The director and any park attendant shall have the authority
to seize and confiscate any property, thing or device in the park,
or used in violation of this chapter.
(Prior code § 6100.9)
Any person violating any provision of this chapter shall, upon
conviction thereof, be guilty of a misdemeanor and shall be subject
to a fine of not more than three hundred dollars or by imprisonment
in the County Jail for a period of not to exceed three months, or
by both such fine and imprisonment.
(Prior code § 6100.10)
