For the purpose of this chapter:
"Public parks and trails"
means and includes all dedicated parks and trails, parks and trails established by adverse uses, and parks and trails on leased property, all planted parkways, triangles and traffic circles maintained by the City, except the parkway strips between curb and sidewalk along the several streets and highways of the City.
(Prior code § 22A-1)
Within the boundary lines of any of the parks or trails, it is unlawful for any person or persons to do any of the acts hereinafter specified:
A. 
To dump or deposit any trash, refuse, rubbish, litter or other kind of waste materials, except in approved containers specifically placed or designated to receive such waste materials;
B. 
To start or maintain any fire, except in such areas as are specifically designated by the City Manager for such fires, including stoves, barbecue pits, fire rings and the like;
C. 
To commit any act of vandalism, including the damaging or destroying of trees and their leaves, limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or to deface the same, or to pick any crops, fruit or flowers in any portion of such public park or trails;
D. 
To bring into or use any firearms or air or gas or spring-propelled guns, slingshots, bows and arrows, except that bows and arrows may be permitted in such portions of public parks or trails as are specifically designated by the City Manager for archery or other projectile throwing devices;
E. 
To discharge or set off with firecrackers, torpedos, rockets or other fireworks except where a permit has been granted by the City Manager;
1. 
The City Manager shall grant the permit only where he or she finds that:
a. 
It is for an established celebration,
b. 
The person proposing to discharge or set off the fireworks has the necessary skill and experience to do so, and
c. 
That it can be done without endangering persons or property;
F. 
To stable, pasture or keep animals or insects;
G. 
To enter any portion of a public park or trail in the City, or buildings or portions thereof in such public parks which are posted with signs stating "No Entry," "Keep Out," "No Trespassing," "Closed Area," or other prohibition of entry;
H. 
To enter any portion of or be in a public park or trail in the City at a time of the day, or on a day of the week, when such entry is prohibited by a clearly legible sign posted at such entrance to such public park or trail. The City Manager is hereby given authority to post such signs;
I. 
To park any automobiles or any other vehicles in any public park or trail in the City, except in areas specifically designated as parking areas by the City Manager;
J. 
To construct or erect on any portion of a public park or trail in the City any building, fence or structure of whatever kind, whether permanent or temporary in character, or run, or string or install any public service utility into, upon or across such lands, or to close such park or trail during the construction of the public service utility, except by special permission of the City Council. Each day such condition exists shall constitute a new and separate offense;
K. 
To hitch, fasten, lead, drive or let loose any animal or fowl of any kind, provided that this shall not apply when led by a cord or chain not more than six feet long;
L. 
To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer;
M. 
To camp or lodge therein except in areas designated and posted on camping sites by the City Manager;
N. 
To play or engage in any sport or sporting event in any picnic area;
O. 
To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition;
P. 
To use or permit to be used any public address system, loudspeaker, bullhorn or other power-amplified sound equipment without first obtaining a written permit from the City Manager;
Q. 
To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper or advertising device or matter of any kind;
R. 
To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless granted a valid permit by the City Council;
S. 
To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without permission of the City Council;
T. 
To use or operate any motorized scooters, electric personal assistive mobility devices, as defined in Vehicle Code Section 313, or motor driven vehicles at any time except: (i) in designated streets or parking areas; (ii) as part of a supervised recreational activity approved by the City, (iii) as approved by the City Council in accordance with the requirements of Section 10.04.160 (Motor-Driven Vehicles in Public Parks and Trails); or (iv) pursuant to a park/trail permit issued by the City Manager. This subsection does not apply to officers, agents or employees of the United States, the State of California, the City of Yorba Linda, or any local government agency, when they are using motorized scooter, electric personal assistive mobility devices, or motor driven vehicles in the performance of their official duty, nor to the use of motor-powered driven vehicles in emergencies when it is necessary to use them for the for the preservation or protection of life or property, nor to utility companies using motor-powered vehicles for the installation, maintenance, repair or servicing of utility lines when permission is first obtained from the City Manager or the City Engineer;
U. 
No company, society or organization of more than twenty-five persons shall hold or conduct any picnic, celebration, parade, service or exercise in any public park or trail without first obtaining permission from the City Manager, and it is unlawful for any person to take part in any picnic, celebration, parade, service, or exercise held or conducted contrary to the provisions hereof. If the City Manager denies the permit, appeal may be made to the City Council within ten days thereafter;
V. 
No person who is over eight years of age shall enter or use any water closet, restroom, dressing room or other facility designated for exclusive use by persons of the opposite sex in a public park or trail;
W. 
For any person to assemble, collect or gather together in any walk, passageway or pathway set apart for the travel of persons through any park or beach or to occupy same so that the free passage or use thereof by persons passing along the same shall be obstructed in any manner;
X. 
Notwithstanding any provisions of Sections 12.20.010 through 12.20.060, inclusive, of this chapter, the riding of horses or bicycles on designated bridle trails or bikeways is permitted;
Y. 
Notwithstanding any of the provisions of Sections 12.20.010 through 12.20.060 of this chapter, nothing shall prevent the operation of motor vehicles and free right of public access over or across any validly dedicated public street or road in the City;
Z. 
To appear in the nude;
AA. 
To consume alcoholic beverages;
BB. 
To play golf, including but not limited to, putting, driving, chipping and all other aspects and parts of the game of golf, other than in areas designed for golf by the City, such as a driving range or golf course;
CC. 
To remove tennis nets and/or use the tennis courts for any activity other than directly tennis-related activities.
(Prior code § 22A-2; Ord. 94-735 § 1, 1994; Ord. 94-743 § 3, 1994; Ord. 2002-852 § 1, 2003)
The City Manager, in his or her sole discretion, may issue a license, known as a park/trail permit, to operate a motor-powered or motor-driven vehicle on all or a portion of a public park or trail for any demonstrated purpose based upon a showing of need, subject to the terms of such park/trail permit. Operation of a motor - powered or motor-driven vehicle in violation of the terms of a park/trail permit, or without a park/trail permit where one is required pursuant to this Code, shall constitute a violation of this Code and shall be subject to the provisions of Chapter 1.12.
The City Manager shall submit a report annually to the City Council listing all of the permits issued under this section during the preceding year and the purpose and expiration of each of those permits.
(Ord. 94-743 § 4, 1994)
It is unlawful for any person or persons to stand, keep or expose for hire, any wagon, carriage, automobile, or other vehicle, in or along any public street, lane or thoroughfare, adjoining or approaching any public park or trail within two hundred feet of any entrance to such park.
(Prior code § 22A-5)
It is unlawful for any person to present, conduct, hold or participate in any public dance on any public or City-owned street, highway, road or right-of-way or on any City-owned property without first obtaining a permit from the City Council as hereinafter provided. Public parks and trails are excluded from this section and are governed by Section 12.20.020(V).
(Prior code § 22A-6)
The City Manager, City police or employees of the Parks and Recreation department, or any employee of the City so designated by the City Manager shall have the authority to eject from any public park or trail any person acting in violation of Sections 12.20.010 through 12.20.060, inclusive, of this chapter.
(Prior code § 22A-3)
For any prohibited activities listed in Section 12.20.020, the City Manager, to aid in notifying the public of those prohibited activities, is authorized, but not required, to post specific park areas with notice of the prohibitions.
(Ord. 94-735 § 2, 1994)
All parks shall be open for public use from sunrise to sunset, except those parks which are lighted to accommodate night time uses, which shall be governed by written policies and standards adopted in accordance with Section 12.24.050(J).
(Ord. 95-754 § 1, 1995)
A. 
Prohibition. It shall be unlawful to construct, install, or place, or cause to be constructed, installed or placed, any structure, improvement or encroachment on, within, along or across any public or private trail easement. For purposes of this section, "public trail easement" shall mean any easement owned by the City or any other public agency established for pedestrian, recreational, equestrian or similar purposes. For purposes of this section "private trail easement" shall mean any easement required or voluntarily created in connection with any discretionary land use entitlement approved by the City, including, without limitation, tract maps, development agreements, conditional use permits and variances, which is owned by the owners of property adjacent to such easement and was established for pedestrian, recreational, equestrian or similar purposes. Any structure, improvement or encroachment constructed, installed or placed on, within, along or across any public or private trail easement after January 2, 2009 (the effective date of this section) is prohibited and shall me immediately removed upon order of the City Manager or authorized designee.
B. 
Private Easements. Since private trail easements were established pursuant to discretionary land use entitlements approved by the City, such private trail easements shall continue to exist for purposes of this section and such easements shall not be considered extinguished or abandoned, even if the owner(s) of such private trail easements agrees to extinguish or abandon such easement.
C. 
Required Removal of Structures, Improvements or Encroachments. The construction, installation or placement of structures, improvements or encroachments on, within, along or across public and private trail easements is contrary to the orderly development of the City and has the potential to adversely affect public health, safety and welfare because such structures, improvements and encroachments limit and impede use of the public and private trail easements by the community and the general public for the purpose for which such easements and trails were established and approved by the City. Therefore, any structures, improvements or encroachments located on, within, along or across any public or private trail easements existing on January 2, 2009 (the effective date of this section) shall be removed in accordance with this section. The removal provisions set forth in this subsection apply only to improvements or encroachments that were constructed, installed or placed on, within, along or across any public or private trail easement prior to January 2, 2009 (the effective date of this section).
1. 
Structures, Improvements and Encroachments with Value of $1,000 or less. Any structure, improvement or encroachment constructed, installed or placed on, within, along or across any public or private trail easement prior to January 2, 2009 (the effective date of this section) that has a value of $1,000 or less, as determined by the City Manager, shall be removed within 60 days of the date indicated on the notice provided by the City pursuant to subsection D of this section.
2. 
Structures, Improvements and Encroachments with Value over $1,000. Any structure, improvement or encroachment constructed, installed or placed on, along or across any public or private trail easement prior to January 2, 2009 (the effective date of this section) that has a value of greater than $1,000, as determined by the City Manager, shall be removed within 18 months of the date indicated on the notice provided by the City pursuant to subsection D.
3. 
Nuisance. The construction, installation, placement or existence of any structure, improvement or encroachment on, along or across any public or private trail easement shall constitute a nuisance per se and may be abated in accordance with Chapter 8.04.
4. 
Immediate Removal. Notwithstanding any provisions of this section to the contrary, whenever the City Manager or authorized designee determines that a structure, improvement or encroachment on, within, along or across any public or private trail easement is so imminently dangerous to life or property that such condition must be immediately corrected, the following procedures may be initiated:
a. 
Notice. The City Manager or authorized designee shall attempt to contact, in person or by telephone, the owner, lessee, agent or other person, if any, occupying or otherwise in real or apparent charge or control of a given parcel of land where such violation exists. In the event contact is made, the City Manager or authorized designee shall notify such person(s) of the danger involved and require that such condition be removed or otherwise abated, within a reasonable period of time under the circumstances, so as to prevent the immediate danger to life or property.
b. 
Abatement. In the event the City Manager or authorized designee is unable to make contact as hereinabove described, or if the appropriate person(s), after notification, fails to abate the condition within the time frame specified, then the City Manager or authorized designee may take all steps deemed necessary to remove or otherwise abate such condition immediately and without further notice so as to prevent the immediate danger to life or property.
c. 
Costs. The City Manager or authorized designee shall keep an itemized account of all costs incurred by the City in its abatement efforts. Such costs may be recovered pursuant to this section or by any other means provided for by law or this code.
D. 
Notice. Upon determination that the provisions of this section apply to a given parcel of land, the City Manager, or authorized designee, shall send a notice by certified mail, return receipt requested, to the owner as shown on the current tax assessor's rolls, shall cause the property to be posted with a similar notice, and shall publish the notice at least once in a newspaper of general circulation.
1. 
The notice required by this subsection shall state the following:
a. 
That a violation of this section exists on the property;
b. 
The date by which the structure, improvement or encroachment must be removed as established in subsection C of this section;
c. 
That the date of removal may be appealed to the City Council within 20 days of the date indicated on the notice.
2. 
The City has no legal obligation to notify subsequent owners of a parcel where a violation of this section exists.
E. 
Appeal. Any individual who receives a notice described in subsection D may appeal the length and/or the classification of the required removal period established by subsection C by submitting an appeal in writing to the City Clerk on forms provided by the City and accompanied by the required appeal fee, established by resolution of the City Council, within 20 days of the date indicated on the notice.
F. 
Hearing. Within 30 days after receipt of an appeal, the City Council shall hold a public hearing to determine whether the structure, improvement or encroachment should be removed as indicated in the notice, or whether a time extension should be granted as provided in subsection H.
1. 
Notice of the hearing shall be provided by certified mail, return receipt requested, to the owner of the affected parcel of land as shown on the current tax assessor's rolls, and by standard mail to all persons whose names appear on the latest adopted tax roll of Orange County as owning property within 300 feet of the exterior boundaries of the property that is the subject of the hearing. Notice of the hearing shall also be posted on the affected parcel within the front yard setback and along the public or private trail easement where the improvement or encroachment exists.
2. 
At the close of the hearing, the City Council shall determine whether the structure, improvement or encroachment should be removed and whether the owner of the parcel upon which such structure, improvement or encroachment is located can amortize the investment within the removal period established by subsection C and, if not, what term for removal should be provided. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to a longer removal period than established by subsection C.
G. 
Decision and Order. The decision of the City Council and supporting findings shall be in the form of a written order and shall be served upon the property owner personally or by certified mail, return receipt requested, within 10 days after the decision is rendered. The order shall also be recorded in the office of the County Recorder.
H. 
Extension of Time.
1. 
The City Council may grant an extension of time for the removal of a structure, improvement or encroachment constructed, installed or placed on, within, along or across a public or private trail easement where it finds that an unreasonable hardship would otherwise be imposed on the property owner.
2. 
The City Council shall base its decision as to the length of time allowed to remove the structure, improvement or encroachment on any competent evidence presented, including, but not limited to:
a. 
The amount of the owner's investment in the structure, improvement or encroachment;
b. 
The character of the neighborhood;
c. 
The detriment, if any, caused to surrounding properties and the community by the structure, improvement or encroachment;
d. 
The amount of time needed to amortize the investment in the structure, improvement or encroachment; and
e. 
The depreciation schedule attached to the owner's latest Federal income tax return.
3. 
The City Council shall make findings that an extension of time to remove a structure, improvement or encroachment constructed, installed or placed on, within, along or across a public or private trail easement will not be detrimental to public health, safety, welfare, or future planning and development of the area.
I. 
Nothing in this Section 12.20.090 shall be deemed to supersede or rescind the prohibition set forth in Section 12.20.020(J).
(Ord. 2008-924, § 1, 2008)