The following words shall have the meanings indicated in this
chapter unless the context clearly indicates a different meaning:
means music, sound wave, vibration or speech projected or
transmitted by electronic equipment, including amplifiers.
means a permit authorized by the City Manager or any person
authorized by the City Manager.
means a knife, dirk, or dagger having a blade of three inches
or more in length; any ice pick or similar sharp stabbing tool; any
straight-edge razor or any razor blade fitted to a handle.
means any community park, neighborhood park, or any other
recreational facility maintained by the City.
means any device by which any person or property may be propelled,
moved, or drawn, excepting a device moved by human power.
means travel by a vehicle.
(Ord. No. 782, § 1)
No person shall enter, be, or remain in any City park unless
he or she complies at all times with all of the City regulations applicable
to such park and with all other applicable laws, ordinances, rules
and regulations.
(Ord. No. 782, § 2)
Any person not having a permit for the use of a recreational
facility, park or school district property designated for scheduling
by the Community Services Department of the City of San Juan Capistrano,
shall surrender or turn over possession of said recreational facility
to any person having possession of a permit from the Community Services
Department for the use of said facility.
It is unlawful for any person not having a permit from the Community
Services Department to refuse or fail to surrender the use of any
recreational facility to any person who has a permit for the use of
said facility or where facilities are posted “Permit Only”
from the Community Services Department of the City of San Juan Capistrano.
(Ord. No. 782, § 2)
The following rules and regulations apply in all City parks
unless expressly stated otherwise elsewhere in this title:
(a)
Operations
of vehicles.
(1)
Roads for public use. The provisions of the Vehicle Code are applicable
in the City parks with respect to any way or place of whatever nature
which is publicly maintained and open to the use of the public for
purposes of vehicular travel. All violations of such Vehicle Code
shall be enforced and prosecuted in accordance with the provisions
thereof.
(2)
Surfaces other than roads for public use; skateboards. No person
shall drive or otherwise operate a vehicle in a park upon surfaces
other than those maintained and open to the public for purposes of
vehicular travel, except upon temporary parking areas as may be designated
from time to time by the Council, and further excepting vehicles in
the service of the City, animal control vehicles, law enforcement
vehicles, and motorized wheelchairs. Unless posted otherwise on the
park grounds, no person shall ride or operate a skate-board in any
park.
(b)
Prohibition
of animals in park. No person shall cause, permit, or allow any animal
owned or possessed by them or any animal in their care, custody, or
control to be present in any park except:
(1)
Equine animals being led or ridden under reasonable control upon
any bridle path or trail provided for such purpose;
(2)
Equine or other animals which are hitched or fastened at a place
expressly designated for such purpose;
(3)
Dogs or cats when led by a cord or chain not more than six feet long,
or when confined within the interior of a vehicle;
(4)
Dogs which have been specifically trained and are being used by persons
with a disability to aid and guide them in their movements;
(5)
Small pets which are kept on the person of the possessor at all times;
(6)
In connection with activities authorized in writing by the City;
(7)
Fowl or animals turned loose at the direction of the City.
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It shall be the mandatory duty of all persons owning, possessing,
in control of, or otherwise responsible for a dog, cat, or an equine
animal in a park to promptly collect, pick up, and remove all fecal
matter left behind by such animal in or upon any park; provided, however,
that this subsection (b) shall not apply to guide dogs for persons
with a disability or to equine animals on bridle paths.
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(c)
Amplified sound in parks. The following provisions are enacted for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by constitutional rights of free speech and assembly, the City nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens to privacy and freedom from the public nuisance of loud and unnecessary sound. This subsection (c) applies in addition to, and not instead of, any other applicable noise regulation in this Code.
(1)
Permit required for amplifiers. It shall be unlawful for any person
to install, use, and operate within a park a loudspeaker or any sound
amplifying equipment for the purposes of giving instructions, directions,
talks, addresses, or lectures, or of transmitting music to any persons
or groups of persons in any park, or in the vicinity thereof, except
when installed, used, or operated in compliance with one of the following
provisions:
(2)
Granting or denial of permit. In determining whether to grant or
deny a permit, the City shall be guided by the following considerations:
(A)
The possible effects upon the peaceable passage or presence of persons
in the park;
(B)
The potential for disorder or unlawful injury to persons or property;
(C)
The potential invasion of other persons’ rights of privacy;
(D)
The possible unlawful breach of disturbance of the peace;
(E)
Any actual conflict with other scheduled park uses or events.
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The City shall not deny a permit on the basis of any dislike
for or disagreement with the content of any proposed talks, addresses,
lectures, or musical presentations. The City may, however, deny a
permit for any such events which are designed for the purpose of advocating
imminent lawless conduct.
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(3)
Power source for amplifiers. Amplifiers permitted in parks shall
be operated only through a power source provided or approved by the
City or with a battery.
(d)
Prohibition
of firearms, fireworks, BB guns, toy weapons. No person shall carry
or discharge firearms, firecrackers, rockets, torpedoes, or other
types of explosives; or carry or discharge any gun, pistol, slingshot
or similar device, or any bows and arrows, or carry or use any other
object capable of propelling a projectile; or carry or use any object
calculated to make a noise sufficient to disturb the peace or quiet
of the park; or bring into any park any of the above objects or articles.
(e)
Prohibition
of dangerous weapons. The provisions of the California Dangerous Weapons
Control Law are applicable in City parks and shall be enforced and
prosecuted in accordance with the provisions thereof. No person shall
carry on his or her person any knife or dagger.
(f)
Exceptions to applicability. The provisions of subsection (e) above shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or for the purpose of lawful recreation.
(g)
Damaging
property. No person other than a duly authorized City employee in
the performance of his or her duties shall cut, break, injure, deface
or disturb any tree, shrub, plant, rock, building, cage, pen, monument,
fence, bench or other structure, apparatus, or property; or pluck,
pull up, cut, take or remove any shrub, bush, plant or flower; or
mark or write upon, paint or deface in any manner any building, monument,
fence, bench or other structure.
(h)
Damaging
land. No person other than a duly City-authorized employee in the
performance of his or her duties shall cut, dig, or remove any wood,
turf, grass, soil, rock, sand, gravel or fertilizer, except park maintenance
personnel.
(i)
Temporary
or permanent structures. No person shall erect or construct any temporary
or permanent structure, comprised of any material, within any City
park, unless specifically permitted by the prior written approval
of the City.
(1)
Any object installed, placed, or deposited in violation of this subsection
shall be removed by City personnel and stored. The owner, if readily
ascertainable, shall be promptly notified. Upon failure of the owner
to claim such object within three months after removal, the object
shall be deemed unclaimed property and shall be disposed of in accordance
with all applicable laws and regulations.
(j)
Golf.
No person shall play or practice the game or golf, including chipping,
putting, driving or any other type of play or practice which includes
the hitting of a golf or similar type ball with a golf or similar
type club.
(k)
Water.
No person shall swim, fish, bathe, wade, release pet animals in, or
pollute the water of any fountain, pond, lake, stream or reservoir
except by permission of the City.
(l)
Fires
and fireplaces. No person shall kindle a fire except in fireplaces
provided for that purpose or in barbecues approved by the City, except
by permission of the City.
(m)
Waste
liquids and refuse. No person shall wash dishes, or empty salt water
or other waste liquids, or leave garbage, cans, bottles, papers or
other refuse elsewhere than in the receptacles provided therefor.
(n)
Park hours. No person shall be or remain in any park beyond posted hours as established by the Director of Community Services. The provisions of subsection (c)(2) of this section shall govern the granting or denial of such permission. Unless otherwise posted on the park grounds, the following are established park hours:
(o)
Smoking.
Smoking is prohibited and unlawful within the boundaries of all public
parks within the City.
(p)
Alcoholic
beverages. No person shall consume any alcoholic beverage within any
park unless specifically permitted by the prior written approval of
the City.
(q)
Controlled
substances. The provisions of the California Uniform Controlled Substances
Act are applicable in City parks and shall be enforced and prosecuted
in accordance with the provisions thereof.
(r)
Glass
containers. No person shall possess any glass container in City parks.
(s)
Vendors selling food and/or merchandise, whether stationary or roaming, shall not be allowed to vend in any areas of City parks outside of the paved pedestrian paths. For vendors selling upon paved pedestrian paths in City parks, such vendors shall comply with the regulations contained in Chapter 28 of Title 5 of this Code.
(Ord. No. 782, § 2; Ord. No. 1042, § 11, 2017; Ord. No. 1086, § 4, 2021; Ord. No. 1102, § 4, 2022)
(a)
Scope.
This section shall apply to all public land owned, operated or maintained
by the City.
(b)
Unauthorized
camping. It is unlawful for any person to camp or sleep overnight
in a vehicle or otherwise, or to park a camper truck, camper trailer,
tent trailer or other vehicle overnight upon any lands or easements
owned by the City, except upon such portions thereof as may have been
specifically designated and set aside by the City for such purposes.
(Ord. No. 782, § 2)
(a)
Every
act prohibited or declared unlawful and every failure to perform an
act made mandatory by these regulations is a misdemeanor punishable
by imprisonment in the County Jail not exceeding six months, or by
fine of $100, or by both.
(Ord. No. 782, § 2; Ord. No. 1102, § 4, 2022)
