For purpose of this chapter, the following definitions apply:
means the city director of parks and recreation or the director's
authorized designee.
means any property, grounds, or facilities under the supervision
of the department of parks and recreation. This includes, but is not
limited to, city parks, pools, recreation centers, golf center, playgrounds,
fields, open spaces, and all parking lots and structures involved
in these facilities, and school facilities when scheduled or programmed
by the city.
(Ord. 1741 § 2, (2004))
(a)
It is unlawful for any person to trespass upon the grounds and facilities
of any park or recreational area of the city which are restricted
to the exclusive use of such persons as may be permitted thereon by
the rules and regulations governing the use thereof by the general
public or as may be engaged in the recreational programs of the city,
and the employees assigned thereto.
(b)
The city manager or the director of parks and recreation is authorized
to have excluded from any park any person violating the provisions
of this chapter or any of the rules and regulations. Any person thus
excluded who fails to leave the park forthwith, or who thereafter
enters therein or thereupon, except with the consent of the city manager
or director of parks and recreation, is guilty of a misdemeanor or
infraction as determined pursuant to this code.
(Ord. 918 § 1, (1970); Ord. 1741 § 2, (2004))
Except as provided in Section 10.55.020, the parks, recreational areas and all facilities located therein, including the parking lots serving the parks and recreational areas, shall be closed to the public between the hours of 9:00 p.m. and 6:00 a.m. the following morning.
In addition to all city owned facilities, the provisions of
this section shall also apply to that area known as Wooley Park, located
between 150 Anza Boulevard and the entrance to Anza Lagoon, except
it shall not apply to the adjacent parking lot or to persons traversing
the bayfront pathway between that parking lot and the bridge at Anza
Lagoon.
(Ord. 918 § 1, (1970); Ord. 1205 § 1, (1981); Ord. 1515 § 1, (1994); Ord. 1741 § 2, (2004))
The hours established by Section 10.55.015 hereof shall not apply to:
(a)
The parking lots serving and immediate area of any municipal recreation
building during the time the building is being used with permission
and for one hour after the closing thereof;
(b)
Any recreation program conducted or authorized by the parks and recreation
department and for one hour after the completion thereof.
(Ord. 918 § 1, (1970); Ord. 1741 § 2, (2004))
It is unlawful for any unauthorized person to use, cross or remain in any park or recreational area and the parking lots adjacent thereto except during the hours such park or recreational area and parking lot is open to the public as provided in Sections 10.55.015 and 10.55.020.
(Ord. 918 § 1, (1970); Ord. 1741 § 2, (2004))
It is unlawful for any person, group, or organization to do
any of the following in any city park or recreational area without
the express permission of the director of parks and recreation, or
the director's authorized designee:
(a)
Open, expose or interfere with any water or gas pipe, hydrant, stopcock,
sewer, basin or other construction, or any natural or artificial drainage;
(b)
Remove turf, soil, grass, rock, sand or gravel, tree, shrub or wood
or portion thereof;
(c)
Make or kindle a fire for any purpose, except in places provided
therefor or in a portable barbecue in an area designated for such
purpose;
(d)
Play or practice golf or archery or fly or operate motor-driven models,
except in areas specifically designated and posted for such purposes;
(e)
Take into, exhibit or use any firearm, air gun, slingshot, firecracker,
torpedo, rocket or weapon of any sort, whether manufactured or improvised.
This prohibition includes the use of any item or utensil in such a
manner as to approximate a weapon or to cast fear into another;
(f)
Cut, break, injure, deface or disturb any tree, shrub, plant, rock,
building, cage, pen, monument, fence, bench, path, walk or other structure,
apparatus or property, or mark or write thereon;
(g)
Practice, carry on, conduct or solicit for any trade, occupation,
business or profession without a permit therefor endorsed by the director
of parks and recreation;
(h)
Sell or offer for sale, any merchandise, article or thing, whatsoever,
without a permit therefor endorsed by the director of parks and recreation;
(i)
Use or attempt to use or interfere with the use of any table, space
or facility which at the time is reserved for any other person or
group;
(j)
Enter any area which is posted by the city as being closed to the
public;
(k)
Operate or park any vehicle except upon areas designated or as may
be permitted by the director of parks;
(l)
Place litter or debris elsewhere than in container designed to receive
such litter or debris;
(m)
Play any game of chance or carry on betting of any kind;
(n)
Fish, wade, swim or bathe except in the places designated therefor;
(o)
Set up or use a volleyball net so as to exceed a maximum of two such
nets in a park at any time;
(p)
Have in his or her possession or control any exotic animal, as defined by Section 9.08.050 of this code, regardless of size, or to release any such animal in a park or recreational area;
(q)
Operate any of the following equipment, without express written permit
from the director of parks and recreation:
(1)
Generator for producing electrical voltage, or
(2)
Sound amplification equipment, or
(3)
Any radio or sound reproduction equipment which causes any noise
that disturbs the peace and quiet of the neighborhood or other users
of the park or facility, or
(4)
Inflatable play equipment, such as astro-jumps and similar items,
or
(5)
Batting machines, except on designated lighted ballfields between
the hours of 9:00 a.m. and 9:00 p.m. on Mondays through Saturdays
and between 10:00 a.m. and 9:00 p.m. on Sundays, and on designated
unlighted ballfields between the hours of 9:00 a.m. and dusk on Mondays
through Saturdays and between 10:00 a.m. and dusk on Sundays. However,
for Ray Park on Sundays, batting machines are only permitted on the
designated ballfields between 11:00 a.m. and 5:00 p.m.;
(r)
Gather in groups of 15 persons or more without specific written permission
from the director of parks and recreation in the following locations:
(s)
Engage in any activity involving batted balls in any park or recreational
area, except on a designated ballfield at Bayside Park, Cuernavaca
Park, Ray Park, or Washington Park;
(t)
Possess, serve or sell alcoholic beverages at any park or recreational
area, except by the city's authorized golf center operator at the
Burlingame Golf Center; or
(u)
Allow dogs in or around any playground as designated by the surface
material at the playground equipment in Cuernavaca Park, Pershing
Park, Ray Park, Trenton Park, Victoria Park, Village Park, or Washington
Park, or as designated by the fenced area surrounding the City's tot
lots at Alpine Park, "J" Lot, Laguna Playground and Paloma Playground.
(Ord. 1741 § 2, (2004))
In addition to the general rules and regulations contained in
this chapter, the director of parks and recreation may propose and
submit to the parks and recreation commission for approval, rules
and regulations governing the administration, operation, use and maintenance
of each park and recreational area, provided that such rules and regulations
are consistent with the provisions of this chapter. The approval of
such rules and regulations shall be acted on at a duly noticed public
meeting of the commission, and council shall be provided notice by
the director of parks and recreation of the upcoming commission agenda
item. If the commission declines to approve or modifies proposed rules
or regulations, the director of parks and recreation may seek review
by the council by notifying the city clerk in writing within 10 calendar
days of the commission's action. Additionally, any member of the city
council who wishes to do so may call up the commission's action for
review by notifying the city clerk in writing within 10 calendar days
of the commission's action. If no such review has been initiated,
the rules and regulations as approved by the commission shall go into
effect on the eleventh (11th) day following the commission's action.
(Ord. 1962 § 1, (2019))
(a)
It is unlawful for any person, group, or organization to violate any rule or regulation adopted pursuant to Sections 10.55.030 of this chapter.
(b)
In addition to the other remedies provides by this code and state
law, the city manager or the director of parks and recreation may
suspend the privilege of a person, group, or organization that violates
the provisions of this chapter or the terms and conditions of any
permit issued pursuant to this chapter to obtain any further permit
for use of any park or recreational area for such time as the manager
or director determines is an appropriate suspension. Any person, group,
or organization whose privilege is suspended under this subsection
may appeal the suspension to the city council by filing a written
appeal together with an appeal fee with the city clerk within 10 days
of the written notice of suspension. The city council will then hear
the appeal within a reasonable period of time and render a decision
on the suspension. The decision of the city council shall be final
and conclusive.
(Ord. 918 § 1, (1970); Ord. 1380 § 1, (1988); Ord. 1493 § 1, (1993); Ord. 1741 § 2, (2004))
The city manager and the director of parks and recreation shall
provide a permit process for group reservations of park areas and
recreational areas, special events, and circumstances not covered
by this chapter or the rules and regulations. In so doing the city
manager or director shall ensure that the parks and recreational areas
are available and provided for the comfort and convenience of all.
(Ord. 918 § 1, (1970); Ord. 1741 § 2, (2004))
The city manager or the director of parks and recreation may
close any park or recreational area and remove all persons therefrom
when in his judgment such closing will best preserve the public peace,
prevent damage to public property or quell riots, mobs or violence.
The city manager or the director may also cause any and all persons
whose presence on the premises is disruptive to the normal and safe
use and enjoyment thereof by the greatest number of people to be removed.
(Ord. 918 § 1, (1970); Ord. 1741 § 2, (2004))
