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)