For the purpose of this chapter, certain words and terms are defined and shall be construed as herein set forth unless otherwise expressly stated or the context clearly indicates a different intention.
(Added by Ord. 373, adopted 10-28-69)
"Director" shall mean the Director of Parks and Recreation of the City or another person authorized by the Director in his stead or behalf.
(Added by Ord. 373, adopted 10-28-69)
"Park" shall mean and include every City-owned, held, controlled, managed or operated park, golf course, theater, veteran's memorial, recreation center, and civic center and their appurtenances, as well as all other recreation facilities owned, held, controlled, managed, or operated by the City.
(Added by Ord. 373, adopted 10-28-69)
"Park waters" shall mean any lake, reservoir, pond, or other body of water within a park.
(Added by Ord. 373, adopted 10-28-69)
This chapter shall be known as, and may be cited as, the "Park Ordinance."
(Added by Ord. 373, adopted 10-28-69)
(a)
The Director shall have the authority to promulgate rules, regulations, policies, and procedures for the implementation and enforcement of provisions of this chapter - including for the ejection and expulsion of any person who has violated or is in violation of any provision of this article, other applicable law, or any duly promulgated rule, regulation, policy, or procedure.
(b)
No person shall enter, be, or remain in any park unless he complies with all of the regulations set forth in this chapter applicable to such park, and with all other applicable ordinances, rules, and regulations, and with all conditions made a part of any permit.
(Added by Ord. 373, adopted 10-28-69; amended by Ord. 24-1513, adopted 10/8/2024)
No person shall place, throw, leave, keep, or maintain any bottle, glass, crockery, sharp or pointed article, or thing in such a manner that any person or animal in a park is or may be cut, pricked, or in any way injured thereby.
(Added by Ord. 373, adopted 10-28-69)
No person shall throw, place, or dispose of any garbage, refuse, or can in any place in a park other than into a garbage can or other receptacle maintained therein for that purpose. No person shall throw, place, or dispose of any waste paper or combustible refuse in any place in a park other than into a box, can, or receptacle maintained therein for that purpose.
(Added by Ord. 373, adopted 10-28-69)
No person shall throw any object with the intent to cause bodily harm.
(Added by Ord. 373, adopted 10-28-69)
No person shall discharge or shoot any slingshot or bow and arrow or other similar device except at a range or place designated for such purpose by the Director.
(Added by Ord. 373, adopted 10-28-69)
No person, other than a duly authorized park employee in the performance of this duties, shall:
(a)
Cut, break, injure, deface, or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property in a park, or any portion thereof;
(b)
Mark or place thereon, or on any portion thereof, any mark, writing or printing;
(c)
Attach thereto any sign, card, display, or other similar device;
(d)
Dig, remove, destroy, injure, mutilate, or cut any tree, plant, shrub, bloom, or flower, or any portion thereof, growing in any park; or
(e)
Remove any wood, turf, grass, soil, rock, sand, or gravel from any park.
(Added by Ord. 373, adopted 10-28-69)
No person shall light or maintain any fire unless:
(a)
In compliance with all applicable rules and regulations of the Los Angeles County Air Pollution Control District; and
(b)
He first obtains from the Director a written authorization therefor; and
(c)
Such fire is lighted and maintained only in a stove or fire circle or place provided for that purpose.
(Added by Ord. 373, adopted 10-28-69)
No person shall disturb the peace and quiet of any park by:
(a)
Any unduly loud or unusual noise; or
(b)
By tooting, blowing, or sounding any automobile siren, horn, radio, tape deck, signal, or noisemaking device; or
(c)
By any tumultuous conduct; or
(d)
By the use of any vulgar, profane, or indecent language therein.
(Added by Ord. 373, adopted 10-28-69)
No responsible person shall bring into a park any cattle, horse, mule, sheep, swine, cat, or other animal of any kind unless pursuant to a lawful permit issued by the Director. This section shall not apply to any dog, provided that the dog is restrained by a strong leash not exceeding six feet in total length, until located within the dog park area.
(Added by Ord. 373, adopted 10-28-69; amended by Ord. 1264, adopted 08-10-10)
If the Director finds that at certain times, or under specified restrictions, or at designated places a person can so operate a motor vehicle or bicycle so as to not interfere in any way with the use of any park, the Director may grant such person permission to operate such motor vehicle. Otherwise no person shall bring into, or operate in, any park any motor vehicle or bicycle except as permitted by the Director and subject to all of the conditions which are a part of such permission. If permission to operate a motor vehicle or bicycle is granted, a person shall park such motor vehicle or bicycle only in those areas designated by the Director for parking.
(Added by Ord. 373, adopted 10-28-69)
All parks and facilities, except those hereinafter set forth, shall be closed not later than 10:00 p.m. each day of the week. In the event the Director determines it is necessary for the protection of a park, or its facilities, or properties adjacent thereto, he may determine that a park shall be closed earlier than 10:00 p.m. on all or certain days. In the event an hour of closing earlier than 10:00 p.m. is established, all entrances to the park shall be posted in such a manner as to give notice thereof.
Those facilities not required to be closed at 10:00 p.m. daily are:
(a)
The Downey Theater; and
(b)
Those park buildings or facilities being used pursuant to a permit or other official business as authorized by the Director.
The closing time of such facilities shall be determined by the Director and shall be dependent upon the nature, character, purpose, and use of such facilities. |
Notwithstanding the other provisions of this section, a group using a park pursuant to a permit, if the permit so provides, may use a park during the time specified in the permit. |
Except as otherwise provided and permitted in this Code, no person shall enter or remain in any park or leave or store any personal property (including a vehicle) within any park or any appurtenant parking lot, between the hour such park is closed and 8:00 a.m. the following day. |
(Added by Ord. 373, adopted 10-28-69; amended by Ord. 24-1513, adopted 10/8/2024)
No person shall solicit in any manner or for any purpose or sell or offer for sale any goods, wares, or merchandise or distribute or pass out any commercial handbill, advertising matter, or literature in any park except:
(a)
By any concession operating under lease granted by the Council;
(b)
When any athletic team which is a member of a regular sports league admits all members of the general public to the extent of capacity without discrimination and without charge to any game played, such team may solicit voluntary contributions from the spectators attending such game; and
(c)
When found by the Director to be consistent with the policies of the Department of Parks and Recreation, or to promote the program of the Department under conditions prescribed by him or her.
(Added by Ord. 373, adopted 10-28-69)
The Director may issue a permit to any youth group of a character building nature, permitting its members, as a group, to camp overnight at a designated location in a park if he or she finds that the group was organized in good faith and not for the purpose of obtaining a permit under this section, the members of such group will be supervised during such camping by an adequate number of responsible adults, and that such overnight camping will not interfere with, or in any way be detrimental to, the permit, the members of the youth group and its adult supervisors may camp at the time, location, and under the conditions specified in the permit.
(Added by Ord. 373, adopted 10-28-69)
No person shall change clothes in any park, or in any comfort station thereof, except in that portion of any such comfort station, if any, designated for such purpose.
(Added by Ord. 373, adopted 10-28-69)
No person shall place in any park waters any edible, dish, or utensil or pollute any park waters.
(Added by Ord. 373, adopted 10-28-69)
No person shall bathe, wash, or cleanse any portion of the body in park waters.
(Added by Ord. 373, adopted 10-28-69)
No person shall swim in any park waters except at the places and times designated by the Director.
(Added by Ord. 373, adopted 10-28-69)
No person, other than a member of the park personnel acting as such, shall molest, hunt, disturb, injure, take, net, poison, harm, kill, or remove from any park any kind of animal or fowl except when necessary to avoid bodily harm or for a purpose approved by the Director.
(Added by Ord. 373, adopted 10-28-69)
No person shall use any electric amplifying equipment or other sound amplifying equipment in any park unless a permit therefor has been issued, and in no event shall any amplifier with a power output exceeding 35 watts be used; nor shall any amplifying equipment be used after 10:00 p.m. The provisions of this section shall not apply to those facilities (such as a theater) which have built-in amplifying systems, the use of which is necessary in accordance with the regular and customary use of the facility.
No sound amplifying system shall be used in any park for any purpose unless the permit, in addition to authorizing sound amplifying equipment, authorizes the exclusive use of the facility for the group for which the permit is obtained, and in no event shall such amplifying equipment be used in such a manner as to create a loud or raucous noise.
(Added by Ord. 373, adopted 10-28-69)
No person shall play or practice golf or use golf clubs in any area of a park not designated for such use.
(Added by Ord. 373, adopted 10-28-69)
No person shall operate any motor-drive model airplane or car in a park except in areas designated for such use.
(Added by Ord. 373, adopted 10-28-69)
No person shall park any vehicle, as defined in the Vehicle Code of the State, within a park except upon areas designated for such use.
(Added by Ord. 373, adopted 10-28-69)
Any individual or group desiring to reserve any park or recreation facility, or any portion thereof, for exclusive use or for use by a group of 50 persons or more shall apply to the Director in writing on a standard department form not less than 72 hours prior to such desired reservation.
If the Director finds that the proposed use will not conflict with the general principles and standards set forth in this chapter and that the area desired to be reserved, or any part thereof, has not been previously reserved, he or she shall approve the permit; he or she may attach thereto any condition which reasonably may be required to insure the comfort and safety of citizens, nearby residents, and users of the park.
No group of 50 or more shall use any park without a written permit from the Director.
(Added by Ord. 373, adopted 10-28-69)
The Director shall deny an application for a reservation permit if he or she finds that any of the following conditions exist:
(a)
That no park or other facility of the City is capable of accommodating the activity of the applicant, either by reason of the nature of the activity or by reason of the number of persons who will or probably will be involved;
(b)
That the proposed activity is of a size, character, or nature that will require the diversion of a large number of peace officers of the City from their normal duties in order that the park facility may be policed properly and that such diversion will hinder the police protection to the City. Prior to making this determination the Director shall submit the proposed application to the Chief of Police for his or her report and recommendation;
(c)
That the applicant has failed to agree to provide a reasonable means of informing all of the persons participating in the proposed activity of the terms and conditions of such permit;
(d)
That the applicant refuses to agree, in writing, to comply with all the conditions in the permit;
(e)
That the applicant failed to file a timely application although under proper circumstances failure to file within an appropriate time may be waived by the Director;
(f)
That, by reason of the condition of the facility sought to be used or the proposed nature of the activity, turf, or other planted materials will be damaged or destroyed;
(g)
That sanitary facilities at the facility sought to be used are not of the proper kind or number or located properly to service the proposed activity; or
(h)
That conditions precedent to the issuance of the permit which may have been attached by the Director have not been met. The Director may attach such conditions to the permit as he or she may determine are necessary for the protection of the public welfare and the park facility.
(Added by Ord. 373, adopted 10-28-69)
No person within any park or building shall use, or attempt to use, or interfere with the use of any table, space, or facility within such park or building which at the time is reserved for any other person or group which has received a permit from the Director therefor. Unless the actual use of the table, space, area, building, or facility referred to in any such permit is commenced within one-half hour after the period covered by such permit begins, such permit shall thereupon be void, and all rights under such permit may be cancelled by the Director.
(Added by Ord. 373, adopted 10-28-69)
Any individual or group desiring to use park facilities shall be required to pay such fees and charges, where applicable, as established by the Department of Parks and Recreation and approved by the Council.
(Added by Ord. 373, adopted 10-28-69)
(a)
Smoking within any City park is prohibited.
(b)
Smoking during any City-sponsored event is permitted only in areas designated by City staff for smoking.
(c)
Posting of Signs. For purposes of subsection (a), the City shall install "No Smoking" signs, with letters of no less than one inch in height and including the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar. Such signs shall be clearly and conspicuously posted and maintained at all entrances to a City park, and additional signs shall be posted in a quantity and manner reasonably likely to inform individuals occupying the City park that smoking is prohibited, except during city-sponsored events where designated within the area.
(d)
Posting of Temporary Signs. For purposes of subsection (b), the City shall install temporary "Smoking" signs, in the area of a City park or special event area designated for smoking during city-sponsored events. The "Smoking" sign shall be designed in a manner that will reasonably inform individuals occupying the City park or special event area that smoking is permitted within a designated area. Such signs shall be clearly and conspicuously posted in the area of a City park designated for smoking during city-sponsored events.
(e)
For purposes of this section, the following words listed herein shall have the following meaning:
(1)
"City Park" means any outdoor area, owned or operated by the City of Downey which is open to the general public for primarily recreational purposes, regardless of any fee or age requirement, including, but not limited to, picnic areas, playgrounds, sports or athletic fields, walking paths, gardens, hiking trails, bike paths, skateboard parks and dog parks. A City park shall not include a golf course, any paved public sidewalk immediately abutting the boundary of the City park, or any parking area within the boundaries of a City park.
(2)
"City-Sponsored Events" mean events which the City of Downey plans, administers, coordinates, and finances, and which is held upon property owned by the City of Downey.
(3)
"Electronic Cigarette," also known as an "E-Cigarette," means a device intended to emulate smoking, which can be used to deliver an inhalable dose of nicotine or any other substance through a vaporized solution. Electronic cigarette includes any such electronic or battery-powered device, whether manufactured, distributed, marketed or sold as an electronic cigarette, e-cigarette, an electronic vaping device, a personal vaporizer, an electronic nicotine delivery system ("ENDS"), an electronic cigar, an electronic cigarillo, an electronic pipe or any other product name or descriptor. Electronic cigarette shall include any refill, cartridge and any other component of an electronic cigarette.
(4)
"Smoking" or "To Smoke" means the possession of a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including a lighted pipe, cigar, hookah pipe, or cigarette of any kind; and the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant, including a pipe, cigar, hookah pipe, or cigarette of any kind, or the possession of any type of electronic cigarette.
(5)
"Tobacco Paraphernalia" means cigarette papers or wrappers, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing or consumption of tobacco products.
(6)
"Tobacco Product" means:
(i)
Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and
(ii)
Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
(f)
The provisions of this section shall not apply to any person acting in a scene of a live performance production or a film or television production, as long as a film permit has been obtained if required pursuant to the Downey Municipal Code.
(g)
A violation of this section shall be prosecuted as an infraction.
(h)
In the event of any conflict between this section and any other provision of this Code, this section shall prevail.
(Added by Ord. 1297, adopted 11-22-11; amended by Ord. 1381, adopted 6-27-17)
(a)
No person shall place, erect, or maintain any tents, nor any bounce houses or other similar inflatable devices, within any City park except where placement or erection of such structure is authorized by a Reservation Permit issued by the City in accordance with Section 10124 of this Code or other permit issued by the City.
(b)
No person shall store any personal property or place or maintain any canopy, tarpaulin, blanket, or any similar makeshift shade structure within, nor attach any such object to, any tree, hedge, shrub, flowerbed area, fence, wall, or bench within any City park except where placement or erection of such structure is authorized by a Reservation Permit issued by the City in accordance with Section 10124 of this Code or other permit issued by the City.
(Added by Ord. 24-1513, adopted by 10/8/2024)