"Camp"
means to reside in or use a park for living accommodation purposes, as exemplified by remaining for prolonged or repetitious periods of time not associated with ordinary recreational use of a park with camp paraphernalia; sleeping or making preparations to sleep; storing camp paraphernalia; regularly cooking or consuming meals; or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.
"Camp paraphernalia"
includes and means, but is not limited to, one's personal possessions (including, but not limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material).
"City park" and "city playground"
mean any public park grounds or playground owned by, leased by, or under the control of the city, including any parking lots, walkways, and sidewalks adjacent to public park grounds.
"Store"
means to put aside or accumulate for use when needed; to put for safekeeping; to place or leave in a location.
(Prior code § 23-1; Ord. 4037 § 1, 1987; Ord. 4449, 1994; Ord. 4751 § 2, 2003)
The provisions in this chapter applicable to city parks and city playgrounds shall also be applicable to the Superblock, Expanded Civic Center, and Prescott Promenade area more particularly described as follows:
Lots 1 through 5, inclusive, of Superblock Phase II in the City of El Cajon, County of San Diego, State of California, according to Map thereof Number 9548, filed in the office of the Recorder of said County February 6, 1980, together with Lot 1 of El Cajon Civic Center in the City of El Cajon, County of San Diego, State of California, according to Map thereof Number 8071, filed in the office of the Recorder of said County February 14, 1975; and
Blocks 4 and 5 of Map thereof Number 597, filed in the office of the Recorder of San Diego County, State of California, on April 28, 1886. Together with that portion of Highland Avenue between Douglas Avenue and Lexington Avenue closed by the El Cajon City Council on February 3, 1987, Resolution Number 46-87.
All publicly owned property between Main Street and Douglas Avenue including that area commonly referred to as the Prescott Promenade.
(Ord. 4537, 1997; Ord. 4586 § 1, 1998)
The operation of all city parks and city playgrounds shall be under the control of the director of recreation subject to the supervision of the city manager. The maintenance of all city parks and city playgrounds shall be under the control of the director of parks subject to the supervision of the city manager. All employees of the parks and recreation departments, appointed by the city manager, shall be responsible for carrying out the provisions of this chapter, and shall call a police officer if necessary.
(Prior code § 23-2; Ord. 4037 § 1, 1987)
No person shall do any of the following acts within the premises of any city park or city playground:
A. 
Transport, carry, fire or discharge any firearm, weapon, air gun, slingshot, or explosive of any kind;
B. 
Discharge any firecracker, bomb, torpedo, rocket or other fireworks; provided, however, that supervised public displays of fireworks by the city may be permitted pursuant to Article 78 of the Uniform Fire Code adopted by the city;
C. 
Pick, dig, remove, injure, destroy or carry away wood, soil, leaf mold or rock, or any tree, flower, plant or shrub, except with the permission of the director of parks;
D. 
Ride, drive, bring, allow or permit any bovine animal, sheep, goat or swine, or bring, allow or permit any horse or ass therein, except when ridden on specially designated trails or areas, unless authorized to do so by the city council or designee;
E. 
Bring any dog or permit any dog, to be brought therein unless the same is at all times kept on a leash. However, this provision does not apply to that certain area of Wells Park designated as a "leash free" area;
F. 
No person shall throw or deposit any commercial or noncommercial handbill circulars, pamphlets, tracts, or advertisements in or upon any sidewalk, street or other public place within the city. Nothing herein shall prevent any person from handing out, distributing, or selling any commercial handbill on any public sidewalk or pedestrian pathway in conformance with Chapter 12.06 of this code provided, however, that no person shall hand out, distribute, or sell any commercial handbill in any other public place not allowed by Chapter 12.06. Further, it is not unlawful on any sidewalk, street, pedestrian pathway, or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. No person shall post or affix to any pole, tree, car, fence or structure situated therein any kind of handbill, circular, pamphlet, tract, or advertisement;
G. 
Build, kindle or light, or permit to be built, kindled or lighted, a fire in any location, except in a safe place established for that purpose; provided that all fires shall be subject to supervision by the director of recreation. No person shall throw away any lighted cigar, cigarette or tobacco or lighted match or other matter that could set fire to any grass, shrubs or buildings;
H. 
Vend, offer for sale or dispose of goods, wares or merchandise, or conduct any business unless authorized to do so by Chapter 12.06, or by the city council or designee, except that nothing in this provision shall prohibit religious or political solicitations;
I. 
Leave or throw away any garbage, refuse, cans, ashes, bottles, broken glass or like substances, or any carcass of any animal or fowl in any place, except into incinerators or containers provided for that purpose;
J. 
After using a stove, permit such stove to remain in any untidy condition, or fail to clear away therefrom all cooking utensils and other materials;
K. 
Place any food, dishes, cooking utensils or other things in any stream, lake, pond, pool, fountain, or at any hydrant for the purpose of cleaning the same, nor shall any person use any stream, lake, pond, pool, fountain, or hydrant for washing, swimming or bathing, or otherwise pollute the same;
L. 
Take, kill, wound or maltreat any bird or animal, either wild or domesticated;
M. 
Set up or maintain any exhibition, show, performance, concert, place of amusement, or concert hall without permission from the director of recreation. No person shall use amplification contrary to Chapter 9.44 of this code;
N. 
Play baseball, football, or any other game of ball, cricket or other game, except in any such place as shall be specifically designated for that purpose by the director of recreation;
O. 
No male person shall resort to any toilet set apart for women, and no female person shall resort to any toilet set apart for men; provided, however, that this shall not apply to children accompanied by a guardian entering a toilet set apart for the gender of the guardian;
P. 
Drive or ride a bicycle, motorcycle, automobile or any other vehicle on any pedestrian walk, as distinguished from an automobile road or a designated bicycle path, unless authorized by the director of recreation or designee. No person shall drive any such bicycle, motorcycle, motor vehicle or other vehicle at a greater speed than that specified by traffic ordinance by the city council for a road within a city park or city playground and indicated by a sign or signs placed along such road;
Q. 
Ride or drive any bicycle, motorcycle, motor vehicle or other vehicle at a greater speed than ten miles per hour at the entrance or exit thereto, or at a greater speed than fifteen miles per hour at any other place therein. No person shall drive any such bicycle, motorcycle, motor vehicle or other vehicle at a greater speed than that specified by traffic ordinance by the city council for a road within a city park or city playground and indicated by a sign or signs placed along such road;
R. 
Leave or park any motorcycle, motor vehicle, or leave or hitch any horse on any driveway or at any other place, except at such place or places as are provided for and designated as places for parking motorcycles, motor vehicles or other vehicles, or for hitching horses;
S. 
Haul or carry on any cart, wagon, truck or other vehicle, any manure, garbage, rubbish, hay, soil or lumber without the permission of the director of parks;
T. 
Obstruct the free travel of vehicles or pedestrians on any road, avenue, walk or path;
U. 
No child under the age of seven years shall be unattended by an adult;
V. 
Consume or possess any alcoholic beverage in violation of Chapter 9.22 of this code;
W. 
Remain upon the grounds of a city park or city playground, or occupy the grounds of such park or playground or any part thereof, or use any of the facilities or equipment therein, or permit any vehicle to remain therein, except between the hours of seven a.m. and ten-thirty p.m. of any day, unless authorized by the director of recreation. The director of recreation may, in reasonable discretion, designate and enforce a suitable and proper time for closing such grounds or facilities and equipment;
X. 
Camp, lodge or sleep overnight, or between the hours of ten-thirty p.m. and seven a.m.;
Y. 
Dispose of human waste in other than a designated facility, as provided in Chapter 9.38 of this code.
Z. 
Except as otherwise provided in subdivision (1) of this subsection, operate any food establishment (as defined in Section 113780 of the California Health and Safety Code), mobile food facility (as defined in Section 113900 of the California Health and Safety Code), vending machine (as defined in Section 113903 of the California Health and Safety Code), produce stand (as defined in Section 113855 of the California Health and Safety Code), swap meet prepackaged food stand (as defined in Section 113905 of the California Health and Safety Code), temporary food facility (as defined in Section 113895 of the California Health and Safety Code), satellite food distribution facility (as defined in Section 113880 of the California Health and Safety Code), stationary mobile food preparation unit (as defined in Section 113890 of the California Health and Safety Code), mobile food preparation unit (as defined in Section 113815 of the California Health and Safety Code) or open air barbecue facility (as defined in Section 113830 of the California Health and Safety Code).
1. 
This subsection is not intended to prohibit activities wherein no permanent facilities are used for storing or handling food, nor families, groups, or other organizations which give or sell food to its members and guests at occasional events. For the purposes of this subsection the term "occasional event" means an event that occurs not more than two days in any ninety-day period.
2. 
This prohibition does not apply to: (a) community events in accordance with Chapter 5.52; (b) to a city council sponsored community event; (c) sidewalk vendors in accordance with Chapter 12.06; (d) nor to those who have obtained the necessary permit to hold an event at a city recreation center, East County Performing Arts Center, or the Community Center.
3. 
The exception found in subdivision (1) of this subsection shall not be construed to allow a person to use park property as a mobile or stationary kitchen, "eating establishment, restaurant or similar purpose to provide food to the general public, including, but not limited to, a food bank as defined in Section 114445 of the California Health and Safety Code.
AA. 
Possess or dispose of any tobacco or tobacco-related product in violation of Section 8.32.025 of this code.
BB. 
Store personal property, including camp paraphernalia.
(Prior code § 23-9; Ord. 3723 §§ 1, 2, 1983; Ord. 3797 § 2, 1987; Ord. 4037 § 1, 1987; Ord. 4506, 1996; Ord. 4258, 1997; Ord. 4613 § 1, 1999; Ord. 4737 § 1, 2003; Ord. 4751 § 3, 2003; Ord. 4764 §§ 1, 2, 2004; Ord. 5075 §§ 2—4, 2018)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor or infraction and shall be subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code.
(Ord. 4037 § 1, 1987)