No person shall enter, be, or remain in any park or facility
of the city unless he or she complies with all the applicable regulations
set forth in this chapter.
(Ord. 788 § 1, 2004)
A.
General
Requirements.
1.
An application for a special event permit, as defined in Section 7.01.020, shall be submitted to the parks and recreation department.
2.
The
city, through the parks and recreation director, may grant a special
event permit for specified time limits, but in no instance for more
than twelve months, provided the parks and recreation director finds
that the use meets all conditions and requirements set forth herein
and that the use will not be detrimental to the public health, safety
and welfare of persons residing or working in the neighborhood of
the proposed activity.
3.
The
director shall establish, adopt and amend guidelines, policies, rules
and regulations for the use of facilities within the boundaries of
the city of Brentwood service area.
B.
Procedure.
1.
An application for a special event permit, as defined in Section 7.01.020, shall be submitted to the parks and recreation department. Applications are subject to review and approval by all applicable city departments. Applications are subject to review and approved or denied administratively by the parks and recreation director.
2.
If
application is rejected or denied, or if applicant objects to a condition
of approval, a request for review may be submitted in writing to the
city manager or designee within ten days of notification of denial.
The written appeal must state the reason for the appeal and specify
any facts or evidence in support of the request. The city manager
or designee, who may be a city hearing officer, will promptly consider
the appeal and provide a written decision within ten days of the filing
of an appeal. The city manager's determination will be final.
3.
The
applicant shall make a good faith effort to work with the city staff
in addressing any concerns that arise relating to the placement or
operation of the event.
C.
Alcoholic
Beverages. No consumption or sales of alcohol shall be allowed as
part of the event, except as permitted by the city of Brentwood and,
if applicable the California Department of Alcoholic Beverage Control.
D.
Conditions
of Special Event Permit Approval. Special event permit shall include
the following conditions of approval:
1.
Provision
of a certificate of insurance acceptable to the city's risk manager.
2.
Submission
of a cash deposit, performance bond, or other surety devices, if necessary,
to ensure that any temporary facilities or structures used will be
removed from the site within a reasonable time following the event
and that the property will be restored to its former condition, to
the satisfaction of the parks and recreation director.
3.
Prior
to the event, the applicant shall provide a statement to the city
stating that the organizers of the event agree to indemnify, hold
harmless, and defend the city, its officers, agents and employees
from any and all liability or claims that may be brought against the
city arising out of its approval of the special events permit, or
arising out of the operation of the use or uses allowed under the
permit, save and except that caused solely by the city's active negligence.
4.
Adequate
parking for the anticipated attendance as determined by city staff,
shall be provided.
5.
The
applicant shall obtain county health department approval and submit
such documentation with the application for any food service beyond
what is allowed for existing permitted businesses on-site.
6.
Any amplified sound used at the event or other noise generation activities shall be subject to Chapter 9.32 (Noise Regulations) of the Brentwood Municipal Code.
7.
Adequate
provision for safety and security measures shall be provided. The
applicant shall be responsible for ensuring the safety and welfare
of the attendees, as determined by the chief of police or designee.
The police department may close the event due to failure to satisfy
conditions of the permit.
8.
Each
site occupied by a special event permit shall be cleaned of debris,
litter, or other evidence of the special event on completion or removal
of the event, and shall thereafter be used in compliance with the
provision of this title.
9.
Other
conditions determined by the parks and recreation director to ensure
the operation of the proposed special event permit in a compatible,
efficient, harmonious, nuisance-free, orderly, and safe, manner.
E.
Other
Requirements.
1.
Issuance
of a special events permit does not relieve an applicant of his or
her obligation to comply with the requirements of other agencies,
including obtaining a business license, resale certificate or to collect
and report sales tax proceeds associated with the special event.
2.
Fire
Code Compliance. The applicant shall adhere to all building and fire
codes and obtain any necessary permits and inspections prior to the
event.
F.
Revocation.
A special event permit may be revoked or modified by the parks and
recreation director when it is determined that any of the following
occurs:
1.
That
circumstance has changed so that one or more of the provisions of
this chapter are not being met or complied with.
2.
That
the special event permit was obtained by misrepresentation or fraud.
3.
That
one or more of the conditions of approval of the special event permit
have not been met.
4.
That
the use is in violation of any statute, ordinance, policy, law or
regulation.
G.
Exempt
Special Event Uses. The following special event uses are allowed without
the necessity of obtaining a special event permit:
1.
Emergency
Activities. Emergency public health and safety needs/land use activities,
as determined by the city manager.
2.
Events
on Sites Approved for Public Assembly. An event on the site of, or
within, a golf course, meeting hall/facility, school, theater, or
other similar facility designed, and approved by the city for public
assembly.
(Ord. 788 § 1, 2004; Ord. 843 § 3, 2007; Ord. 944 § 3, 2015)
As there may be situations where an exclusive use permit is necessary, the following conditions apply in addition to the conditions set in Section 7.02.020 for special event permits.
A.
Parks
and/or facilities shall be made available for the exclusive use and
regulated use by recognized civic groups, nonprofit, service, or youth
organizations within the Brentwood service area and for activities
sponsored by or supported financially or otherwise by the city, subject
to the issuance of a permit by the director. Nothing in this section
shall be deemed to change the status of any city park and/or facility
from a public park or public facility to a private park or private
facility.
B.
In reviewing
applications for use of parks, the director has the authority to allow
use of parts of parks or of entire parks. In addition, the director
has the authority to determine required staffing levels for use of
parts of parks or entire parks on a case-by-case basis.
(Ord. 788 § 1, 2004; Ord. 902 § 2, 2012)
Liability insurance with coverage as determined by the city
shall be required for all special events and any other required permit,
as determined by the director in consultation with the city's risk
manager.
(Ord. 788 § 1, 2004; Ord. 843 § 4, 2007)
All applications shall be signed by an authorized representative
of the organization sponsoring the activity, and the organization
shall be responsible for compliance with all the provisions of this
chapter and the regulations established by resolution or by the director
and for all damages resulting from the conduct of the activity sponsored
by the organization.
(Ord. 788 § 1, 2004)
A.
The
applicant shall be notified of the decision of granting or denying
such application.
B.
The
director, in granting the application, may impose reasonable requirements
and conditions concerning the use of the park or facility by the applicant.
C.
The
director is authorized to charge, collect, and waive fees as authorized
by city council.
D.
The
fee authorized by this chapter shall be set by resolution of the city
council.
E.
Requirement
of a deposit for city rentals will be set by resolution of the city
council.
F.
The
director shall deny the application if the director finds one or more
of the following:
2.
The
proposed activity or use will unreasonably interfere with, or detract
from, the promotion of the public health, welfare, safety, or recreation;
3.
The
proposed activity or use is anticipated to incite violence, crime,
or disorderly conduct;
4.
The
occupancy load of the park or facility will be exceeded;
5.
The
desired park or facility is already scheduled for use;
6.
The
applicant fails to provide timely and accurately all required information;
or
7.
Prior
negative incidents by applicant or history of similar events/activities.
(Ord. 788 § 1, 2004; Ord. 843 § 5, 2007; Ord. 902 § 3, 2012)
A.
Every
person operating, promoting, maintaining or conducting a permitted
activity in or at a facility or park shall provide, or cause to be
provided, security for the activity based upon the maximum capacity
of the building and subject to the review and approval of the chief
of police, or director. The cost of such private security shall be
borne by the applicant.
B.
Every
person operating, promoting, maintaining or conducting a permitted
activity in or at a facility shall sign a detailed statement, under
penalty of perjury under the laws of the state of California, declaring
the nature and type of activity to be held in or at the facility or
park and the expected number of guests.
C.
The
chief of police, or director, shall consider, but is not limited to,
the following factors in setting the security requirements for an
activity held in a city facility or park:
1.
The
maximum capacity;
2.
The
nature and type of activity to be held;
3.
The
hours during which the activity will be held;
4.
If
private security will be provided, the credentials, reputation and
practices of the proposed private security company;
5.
Attire
and equipment used by the private security officers;
6.
Prior
incidents by applicant or history of similar events/activities; or
7.
Whether
alcohol is being permitted to be served.
D.
If alcohol
is to be served at the proposed activity, the chief of police or director
may establish conditions on the sale, distribution, use, and consumption
of any alcoholic beverage in addition to those set forth by alcohol
beverage control.
E.
The
parks and recreation department may require use of city staff in addition
to security. This will be determined on a case-by-case basis with
costs borne by the applicant.
(Ord. 788 § 1, 2004)
A.
The
director shall have the authority to regulate the activities in park
and facility areas, when necessary, to prevent congestion and to secure
the maximum use of the park facilities for the comfort and convenience
of all and may limit the length of time such facilities are used to
avoid crowding. Visitors shall comply with any directions given to
achieve this end. Individual tables and benches shall be used on the
basis of "first come, first served" except in such areas designated
by "reservation only," pursuant to the parks and recreation outdoor
picnic permit policy on file with the department.
B.
Park
and facility areas shall not be used for the purpose of conducting
a commercial business without a vendor permit. The director may authorize
the sale of goods at specific permitted special events.
C.
The
director has the authority to designate appropriate areas in parks
for free speech activities as to time, place, and manner.
(Ord. 788 § 1, 2004; Ord. 843 § 6, 2007; Ord. 902 § 4, 2012)
A.
All
parks within the city shall be open from sunrise until sunset unless
otherwise posted. No person shall enter or remain within the parks
between sunset and sunrise except by permit or permission of the director
or chief of police.
B.
The
director has the authority to set and change hours that restrooms
will be available for use in parks.
(Ord. 788 § 1, 2004; Ord. 843 § 7, 2007)
No person shall enter into any facility or park that is closed
and/or locked or posted against such entry, except by permit or permission
of the director or chief of police.
(Ord. 788 § 1, 2004)
All park facility lighting shall be turned off by eleven p.m.
except by permit and for security or emergency lighting, as approved
by the director.
(Ord. 788 § 1, 2004)
The presence and/or the consumption of any and all alcoholic
beverages shall be prohibited except by permit.
Permit for use of alcohol may be issued by the chief of police
or director with notification to director of permit issuance. Permits
issued pursuant to this section may be issued only for an activity
at a specified park or facility during specified hours. Any permit
issued pursuant to this section may contain conditions as to the number
of persons, the time and place for service and consumption of alcoholic
beverages, litter removal, and any other condition reasonably related
to the maintenance of public health and safety. An alcoholic beverage
for private consumption, if allowed, becomes the liability and responsibility
of the group and/or organization renting the park or facility and
permittee shall agree to indemnify, defend, and hold the city harmless
for any claim, lawsuit, or action related to issuance of this permit.
All alcohol shall remain within the park or facility area as designated
on the permit. The chief of police may also require security precautions
including, but not limited to, the hiring of security guard(s) or
Brentwood police officer(s) at applicant's expense.
(Ord. 788 § 1, 2004)
Smoking is prohibited except in areas so designated for smoking.
(Ord. 788 § 1, 2004)
Except by permission of the director, candles and other open-flame
devices are not allowed in city facilities or parks, as provided and
defined by Section 2501.17 of the 1998 California Uniform Fire Code,
as that section may be amended from time to time.
(Ord. 788 § 1, 2004; Ord. 843 § 8, 2007)
Camping on city owned property is prohibited, except that the
director may permit overnight camping by youth organizations and their
chaperones in conjunction with an exclusive use permit.
(Ord. 788 § 1, 2004)
Any part of a park or facility or the entire park or facility
may be declared temporarily closed to the public by the director or
chief of police at any time and for any interval of time less than
two weeks or longer than two weeks if construction activities, health
and safety concerns require it, or if permittee is violating any of
the conditions of a permit issued by the chief of police or director.
(Ord. 788 § 1, 2004)
A.
Skateboard
Park Facility.
1.
Intended
Use.
a.
The skateboard park facility is intended for use by persons twelve
years of age or older. (Health and Safety Code Section 115800.)
b.
The following types of vehicles are permitted in the skateboard park:
skateboards, non-motorized bicycles, scooters, in-line skates, roller
skates, or wheelchairs. (See Health and Safety Code Section 115800.)
No other vehicles are allowed.
2.
Supervision.
The facility may be supervised or non-supervised. If non-supervised,
the city must post signs indicating the requirement for users to wear
a helmet, elbow pads, and knee pads. (Health and Safety Code Section
115800.)
B.
Rules.
1.
A
person who rides a skateboard, skates and/or BMX bike at a city skate/BMX
bike park shall wear well maintained, commercially manufactured helmet,
elbow pads, and knee pads that are securely fastened at all times.
2.
The
director may adopt other safety rules, which will be posted at the
facility.
(Ord. 788 § 1, 2004; Ord. 902 § 5, 2012; Ord. 989 § 1, 2017)
A.
Dog
owners using dog park shall:
1.
Have
dog(s) properly licensed and tagged pursuant to Contra Costa County
Code Section 416-6.002 as that section may be amended from time to
time.
2.
Have
a current Contra Costa County license worn on their dog(s) within
the park.
3.
Have
dog(s) properly vaccinated and current with their vaccinations.
4.
Be
with their dog(s) within the fenced area at all times.
5.
Have
the dog(s) under voice control at all times.
6.
Carry
with them the dog(s) leash.
7.
Keep
dog(s) in the designated enclosed area when off leash.
8.
Have
dog(s) leashed and under control before leaving the dog park area.
9.
Not
use dog park if dog(s) is aggressive towards people or other dogs,
is anti-social, is in heat, is unruly or barks excessively.
10.
Not bring dog(s) younger than four months of age to the dog park.
11.
Respect the privacy of surrounding residences.
12.
Be responsible for cleaning up dog(s) feces with the materials provided
and place waste in trash receptacles provided.
13.
Be solely responsible and liable for the actions and behavior of
the dog(s) under their supervision at all times while in the dog park
area.
14.
Have no more than three dogs (per owner) at one time in the dog park.
B.
Children
ages twelve and under must be accompanied by an adult when in the
dog park.
C.
Contra
Costa County animal services department will be contacted for dogs
left unattended at the dog park.
(Ord. 843 § 9, 2007)
The following acts are prohibited in a city park or facility
and parents of any minor who does any of these prohibited acts shall
be responsible for all such damage:
A.
Wilfully
mark, paint, deface, disfigure, injure, tamper with, or displace or
remove any building, bridge, table, bench, fireplace, railing, paving
or paving material, water line or appurtenances, vending machines,
or other public property.
B.
Litter,
soil, or defile restrooms, vending machines, or any facility;
C.
Construct
or erect any building, structure, or tent of whatever kind, whether
permanent or temporary in character, or run or string any private
or public service utility into, upon, or across such lands, except
with the written permission of the director;
D.
Go upon
any lawn, grass plot, or flower bed where such prohibition is indicated
by a legible sign posted near or in the area;
E.
Swim,
bathe, wade, fish, boat, or operate powered hobby model boats in any
water of any fountain, pond, lake, creek, or detention basin, except
in areas designated for such purposes and so posted or by permit.
Persons shall not throw, discharge, or otherwise place in the waters
of any fountain, pond, lake, stream, 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 such waters;
F.
Bring
into any park any material which, if spilled or spread, will be injurious
to the turf or plant growth;
G.
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;
H.
Attach
any rope, wire, or other contrivance to any tree or plant;
I.
Dig
in or otherwise disturb any park area or in any way injure or impair
the natural beauty or usefulness of any area;
J.
Climb
any tree or walk, stand, or sit upon any monument base, fountain,
railing, fence, bridge, sign, or upon any other property not designated
or customarily used for such purposes;
K.
Hunt,
molest, harm, frighten, kill, trap, chase, tease, shoot, remove, possess
or throw objects at any animal, reptile, or bird;
L.
Remove
or have in possession any wild animal, or any bird or fowl, or the
eggs or nest or young of any reptile, wild animal, or bird;
M.
Bring
to, or drink in, a park any alcoholic beverage, except as provided
in this title;
N.
Enter
or remain in a park while under the influence of intoxicating liquor
or any drug;
O.
Bring,
or set off, or otherwise cause to explode or discharge or burn in
a park any fireworks, whether safe and sane fireworks or not, or other
flammable or explosive material, or discharge them or throw them into
any park from land, or a vehicle, or building adjacent thereto, except
persons conducting a city-sponsored or supported public fireworks
display;
P.
Be,
remain, stay, or loiter in any public park or facility from sunset
to sunrise (or beyond posted hours), except as authorized by the director;
Q.
Set
up tents or other temporary shelters for the purpose of overnight
camping, nor shall any person leave in a park or facility, after closing
hours, any movable structure or vehicle to be used, or that could
be used, for such purposes, such as a house trailer, motor home, camp
trailer, or pickup camper, except as provided in this chapter or approved
by the director;
R.
No person
having the control or care of any dog shall suffer or permit such
dog to enter or remain in a park (with the exception of an area so
designated as off-leash), unless it is led by a leash of suitable
strength not more than six feet in length. The person owning, controlling,
or having the custody of such dog shall be jointly and severally responsible
for all damages caused by such dog and is responsible for removing
and disposing of owner's dog waste;
S.
Lead,
ride, drive, keep, or let loose any animal, reptile, or fowl of any
kind;
T.
Make
or kindle a fire for any purpose, except at places provided for campfires
or barbecues, unless prior permission shall be obtained therefor from
the director, or leave a fire started by such person, or at director's
direction, or used until such fire is completely extinguished;
U.
Use,
carry, or possess firearms of any description or air rifles, spring
guns, bows and arrows, slings, knives or any other form of weapon
potentially dangerous to wildlife or to humans or shoot into park
areas from beyond park boundaries;
V.
No person
shall discard or permit unattended any lighted cigar, cigarette, match,
pipe or other flammable article;
W.
Use
or allow the use of powered model airplanes, model rockets, or racing
cars, except in areas designated for such use or by permit;
X.
Golfing
or use of golf clubs is prohibited in any area of the park, except
in areas so designated and posted;
Y.
Indulge
in riotous, boisterous, threatening, or indecent conduct;
Z.
Dump,
deposit, or leave any bottle, broken glass, ashes, paper box, can,
refuse, or trash, except in the receptacles provided for such materials.
Where such receptacles are not provided, all such materials shall
be carried away from the park by the person responsible for its presence
and properly disposed of elsewhere. Household trash is not permitted
in city receptacles;
AA.
Bring
to or have in such person's possession any alcoholic or nonalcoholic
glass beverage container or bottle;
BB.
Bringing
portable barbecues into city parks or facilities without a permit;
CC.
Land
hot air balloon, parachute, hang glider, aircraft, helicopter, or
bungee jumping without permit;
DD.
Use
any amplification system unless a permit is first secured from the
director;
EE.
Use
interactive inflatable equipment without a permit.
FF.
Use
of bicycles or personal conveyances in city parks/facilities in a
negligent, unsafe or reckless manner or in a way that endangers the
life, limb or property of any person or is in violation of the provisions
of California Vehicle Code Section 21201, as that section may be amended
from time to time.
GG.
Use
of motorized vehicles in city parks/facilities, with the exception
of authorized city vehicles or trails so designated.
(Ord. 788 § 1, 2004; Ord. 843 §§ 10, 11, 2007)
While in parks or facilities, no person shall:
A.
Fail
to comply with all the applicable provisions of the Vehicle Code of
the state, in regard to equipment and the operation of vehicles, and
the provisions of this code;
B.
Fail
to obey all traffic officers and city employees authorized to direct
traffic in the parks;
C.
Fail
to obey all traffic regulations concerning the use of vehicles or
caution, stopping, parking, and all other signs posted for control
or to safeguard life and property;
D.
Ride
or drive a vehicle at a rate of speed exceeding fifteen miles per
hour, except upon roads designated by posted signs for different rates
of speed;
E.
Ride
or drive any vehicle on any area, except paved roads or parking areas
or other areas designated as temporary parking areas and posted for
that use. A bicyclist may wheel or push a bicycle by hand over any
grassy area or wooded trail or on any paved area reserved for pedestrian
use;
F.
Park
a vehicle in other than an established or designated parking area
or use a parking area in a manner not in accordance with the posted
directions or the instructions of any attendant who may be present;
G.
Ride
any other person on a bicycle, except where the bicycle is built for
operation by more than one person;
H.
Leave
a bicycle in a place other than a bicycle rack where a bicycle rack
is provided and there is space available; and
I.
Leave
a bicycle lying on the ground or paving, or set against trees, or
in any place or position where other persons may ride, drive, or trip
over it or be injured by it.
(Ord. 788 § 1, 2004)
No person in a park/facility or on public property adjacent
to a park/facility shall do any of the following without first receiving
a vendor permit from the director:
A.
Expose,
announce, advertise, call public attention to, or offer any article
of food, drink, or merchandise for sale; nor shall he or she station
or place any stand, cart, pedestrian cart, motorized or nonmotorized
mobile units, or vehicle for the transportation, sale, or display
of any such article of food, drink, or merchandise in a park/facility;
and
B.
Paste,
glue, tack or otherwise affix any banners, signs, placards, advertisements,
or inscription in a park/facility.
(Ord. 788 § 1, 2004; Ord. 843 § 12, 2007; Ord. 1069, 3/12/2024)
A.
The
director can authorize the sale of goods at specific, permitted special
events. If a vendor wishes to seek approval of the director for the
purpose of selling goods or services, a vendor permit application
must be submitted for review. Vendor permit applications are available
in the parks and recreation department.
B.
If a
vendor permit is issued by the director for a vendor to sell merchandise,
food, beverages, or services, the vendor is required to obtain a valid
city business license, comply with related applicable city, county,
state, and/or federal regulations, and meet the city's insurance requirements
and submit any other required documentation prior to commencement
of vending in parks/facilities. A vendor permit must be kept on-site
with the vendor and vendor must show such permit upon request.
C.
If a
vendor wishes to seek approval of the director for the purpose of
selling goods or services, a vendor permit application must be submitted
for review. The city reserves the right not to allow vendors at specific
city-sponsored events. The decision of the director related to vendor
permits is final.
(Ord. 843 § 13, 2007)
The donation of plants, facilities, fountains, sculptures, ponds,
pools, or any other item or funds for such item for any park or facility
shall follow the rules and policies approved by the city council.
(Ord. 788 § 1, 2004)
No person in a park or on public or private property adjacent
to a park shall produce, suffer, or allow to be produced any unnecessary
loud noise that disturbs the peaceful and quiet enjoyment of any person
in a public park or surrounding neighborhood.
(Ord. 788 § 1, 2004)
The city does not regulate the taking of videos or photographs
in parks for non-commercial purposes. Persons taking photos/videos
in parks and facilities for commercial purposes shall not do so without
a vendor permit. The director may authorize photography/videography
at specific permitted special events.
(Ord. 902 § 6, 2012)
