The purpose of this chapter is to ensure that the public has fair access to the city's parks and facilities therein, and to ensure that the parks and their facilities are maintained in good working condition.
(Ord. 1881 § 1, 2014)
The city council is authorized to designate by resolution certain parks within the city that require a permit to use the park facilities therein. The city council is authorized to set the amount of fees for these permits by resolution.
(Ord. 1881 § 1, 2014)
As used in this chapter, the following terms have the following definitions:
"City"
means the city of Upland.
"City staff"
means an employee of the city of Upland.
"Designated park"
means a park that has been designated by the city council by resolution so as to require a permit for the use of all park facilities therein.
"Director"
means the director of recreation and community services division of the city of Upland and shall include his or her designee.
"Exclusive use"
means the right to physically occupy the park facility and use personal property in park facilities during the permitted period free from the interference of others.
"Non-designated park"
means a park that has not been designated by the city council as requiring a permit for the use of the park facilities therein.
"Park"
means any land that is owned, leased, operated or maintained by the city and open to the public for recreational activities.
"Park facility"
means any structure, installation, equipment or designated recreational area designed for use by the public including, but not limited to, picnic shelters, barbeques and athletic facilities located within any city park.
"Peace officer"
shall have the same meaning as Section 830 of the California Penal Code.
"Permit"
means a document issued by the city authorizing the permittee to use park facilities.
"Permittee"
means the person, group, entity, corporation or association to whom a permit is issued and shall include any individual accompanying the person, group, entity, corporation or association.
"Person"
means an individual, group, entity, corporation, association or its agent, employee or representative.
"Stored personal property"
means accumulating or putting aside personal property, placing it for safekeeping, or leaving it in public areas; or personal property that is left unattended in any public area lacking a guard, escort, caretaker, or other watcher.
"Trespass notice"
means a written notice issued by city staff or a peace officer to any person found to be in violation of Section 12.44.050. The trespass notice shall indicate that the person's presence at the specific park facilities without a valid permit is unlawful and require that the person vacate the park facility immediately.
(Ord. 1881 § 1, 2014)
All persons desiring to use park facilities in designated parks must first obtain a permit pursuant to the provisions of this chapter and present the permit to any peace officer or member of city staff upon request.
(Ord. 1881 § 1, 2014)
Any person desiring exclusive use of park facilities in non-designated parks may, prior to the use, obtain a permit pursuant to the provisions of this chapter. The permittee must present the permit to any peace officer or member of city staff upon request in order to establish his or her right to exclusive use of park facilities.
(Ord. 1881 § 1, 2014)
A. 
In a designated park, it is unlawful for a person to do any of the following:
1. 
Occupy or use park facilities without having first obtained a permit issued pursuant to the provisions of this chapter.
2. 
Occupy or use park facilities at any time other than the date and time specified in the permit issued pursuant to the provisions of this chapter.
3. 
Occupy or use park facilities during the time and date that a permit issued pursuant to the provisions of this chapter has been issued to another person.
4. 
Store personal property on or in park facilities.
5. 
Fail to present a valid permit issued pursuant to the provisions of this chapter to any requesting peace officer or member of city staff while occupying or using park facilities.
B. 
In a non-designated park, it is unlawful for any person to interfere with, intrude upon, or use the park facilities specified in a permit issued pursuant to the provisions of this chapter belonging to another person during the time and date stated in the permit.
(Ord. 1881 § 1, 2014)
A. 
All persons desiring a permit to use facilities at designated or non-designated parks must:
1. 
Complete the permit request form provided by the city.
2. 
Present a current form of identification.
3. 
Pay the required fees and deposits that may be established by resolution of the city council.
B. 
Denials of permit requests shall be in a writing that states the reason(s) for the denial and the procedures for appealing the denial.
(Ord. 1881 § 1, 2014)
The city shall provide signage at park facilities in designated parks that state the park facilities therein shall only be available to those holding a valid permit issued pursuant to the provisions of this chapter.
(Ord. 1881 § 1, 2014)
A. 
Any person who violates the provisions of Section 12.44.060 shall be issued a trespass notice and shall be required to vacate the park facility. A refusal to vacate the park facility after being issued a trespass notice is unlawful and shall constitute a misdemeanor.
B. 
Nothing in this chapter shall be construed to affect, supersede or otherwise prevent private causes of action for trespass or other civil, penal or administrative prosecution for trespass or maintaining a nuisance under state or local statute or ordinance.
(Ord. 1881 § 1, 2014)