This chapter shall be known and may be cited and referred to
as the "Parks and Facilities Ordinance of the City of Lemon Grove."
(Ord. 329, 2004)
It is the purpose of the city council, in establishing rules
and regulations governing the use of park and recreational areas in
the city, to insure the public in general, and the inhabitants of
this community in particular, full and equal rights to the use and
enjoyment of said public facilities without regard to the status or
condition of the users of the facilities. It is recognized that society
generally and the inhabitants of any community have a right to have
publicly owned premises maintained in a sanitary and orderly condition.
Further, the city council recognizes the rights of individuals to
speak, write and freely disseminate their views and to make full use
of public facilities so long as said rights are exercised in the manner
which is not inconsistent with the rights of others and violative
of said rights. It is the intent of the city council, being aware
that no rights are absolute, to regulate and prohibit certain activities
in public parks and other places of public recreation within the city,
in the interest of protecting the enjoyment and safety of the public
in the use of the facilities. To further this purpose and intent,
the director of community services, as authorized herein, is authorized
to promulgate reasonable rules and regulations and post signage as
may be necessary and appropriate to carry out the provisions of this
chapter.
(Ord. 329, 2004)
For the purposes of this chapter, the following definitions
apply:
"Alcoholic beverage"
means any beverage as defined by Business and Professions
Code Section 23004, and includes beer, wine, whiskey, gin or similar
beverage containing more than one-half of one percent of alcohol by
volume.
"Director"
means the director of community services or designee.
"Park" or "city park"
means the land and easements owned or leased by the city
of Lemon Grove which, by ordinance, resolution, encroachment permit,
regulation or agreement, are dedicated to or operated by the city
for purposes of sports, community gardens, and public recreation.
The term shall include the buildings, parking lots, streets and sidewalks
within the territorial boundaries establishing the park.
"Pet"
means any dog, cat, reptile, or other domestic or exotic
animal legally permitted pursuant to applicable laws including the
Lemon Grove Municipal Code.
"Recreation area"
means the land and easements owned or leased by the city
of Lemon Grove which, by ordinance, resolution, regulation or agreement,
is dedicated to or operated by the city for purposes of sports, special
events, community gardens, and public recreation.
"Recreation facility"
means a building and the appurtenant land owned, leased or
operated by the city of Lemon Grove for the purpose of sports and
public recreation activities including, but not limited to, community
gardens, and includes a parking lot serving the building and any contiguous
sidewalks. Although a recreation facility may be located within a
city park, it is a separate and distinct term for purposes of this
chapter.
(Ord. 329, 2004; Ord. 422, 2014)
On any property as defined in Lemon Grove Municipal Code Section
12.20.030, it is unlawful for any person to perform the acts prohibited by Lemon Grove Municipal Code Sections
12.20.050 through
12.20.360, inclusive.
(Ord. 329, 2004)
A. It
is unlawful to remain upon the grounds of any city park, or any part
thereof, except between the hours of dawn to dusk. The director is
authorized to alter the park closing hours stated herein above when
determined necessary to protect public health, safety, or welfare.
Any change in park hours shall be posted at each affected park site.
Any alteration in park hours shall be made on a content-neutral basis
and shall be solely based on threats to the health, safety and welfare
of park users. If an alteration in park hours is claimed to potentially
impact the expressive rights of any park user, said affected individual
may seek immediate judicial review of the change in park hours pursuant
to California
Code of Civil Procedure Section 1094.8.
B. The
director shall promulgate hours of operation for the city-owned facilities
and fees and charges for the use of said facilities which shall be
effective from the time they are approved by resolution of the city
council.
(Ord. 329, 2004; Ord. 445 § 1, 2017)
A. Except
when authorized by the director, it is unlawful to dig up vegetation
or excavate any soil within any city park or recreation facility.
B. Except
when authorized by the director, it is unlawful to cut, break, injure,
deface or disturb any tree, shrub, plant or other vegetation, rock,
building, fence, bench, table, street, sidewalk, parking lot or other
structure, apparatus or property within any city park or recreation
facility.
C. Except
when authorized by the director, it is unlawful to mark or write upon,
paint or deface in any manner any tree, rock, building, monument,
fence, bench, wall, street, sidewalk, parking lot, apparatus or other
structure within a city park or recreation facility, or to attach
a decoration of any sort to any structure in or at any city park or
recreation facility.
(Ord. 329, 2004)
It is unlawful to possess and consume all alcoholic beverages
within any city park, recreation facility or recreation area.
(Ord. 329, 2004; Ord. 445 § 1, 2017)
A. It is unlawful to consume or possess an alcoholic beverage within any city park during the hours of closure established by Lemon Grove Municipal Code Section
12.20.050.
B. It
is unlawful to consume or possess an alcoholic beverage at any time
within any city park rest room, playground, parking lot or public
street contiguous to or immediately adjoining the territorial boundary
of those parks.
(Ord. 329, 2004)
Littering in a city park or recreation area is prohibited pursuant
to California
Penal Code Section 374 4.
(Ord. 329, 2004)
A. It
is unlawful for any person over eight years of age to enter or use
any toilets or rest rooms designated by signage for persons of the
opposite gender.
B. It
is unlawful to use a sink in any public park or recreation building
to launder clothing or to bathe or wash any part of the body other
than the hands or face, or both. Notwithstanding the forgoing, any
person may wash their person or clothing stained or soiled as a result
of using park grounds or facilities.
(Ord. 329, 2004)
A. It
is unlawful to post within any city park or recreation facility, or
to post or affix upon any tree, fence or structure or building located
within any city park or recreation facility, any handbills, circulars,
pamphlets, tracts, papers or advertisements.
B. With
the permission of the director of community services, announcements
may be posted upon community service bulletin boards located within
recreation facilities advising persons of local, noncommercial or
non-sectarian recreational, non-profit or civic events in the Lemon
Grove community.
(Ord. 329, 2004)
Except as authorized by a permit issued by the director, it
is unlawful to sell or offer for sale any merchandise, article, food,
or beverage or any object whatsoever, or to practice, carry on, conduct
or solicit for any trade, occupation, business or profession, within
any city park, recreation facility or recreation area. Permits shall
only be issued for city-authorized, community events.
(Ord. 329, 2004)
Except pursuant to a permit issued by the director or except for emergency repairs, it is unlawful to stop or park a food vending vehicle or other vehicles within a one-fourth mile radius of any city park or recreation facility for the purpose of, or to sell, give away, display or offer for sale, any food or beverage product from that vehicle. Any vehicle stopped for emergency repairs shall not sell, give away, display or offer for sale any food or beverage product. Permits shall only be issued in conjunction with city-authorized events and the permittees shall comply with Lemon Grove Municipal Code Chapter
8.04 (Food Regulations).
(Ord. 329, 2004)
It is unlawful for any automobile, motorcycle or other motor
vehicle to be in any park, excepting at such place or places as are
provided for and designated as places for the parking of automobiles,
motorcycles or other motor vehicles.
(Ord. 329, 2004)
It is unlawful to clean, wash or polish, or to make other than
emergency repairs upon, any automobile, motorcycle or self-driven
vehicle within any city park or at any recreation facility.
(Ord. 329, 2004)
It is unlawful for any person to willfully obstruct vehicular
or pedestrian traffic or circulation within or upon any of the sidewalks
or streets of a city park or recreation facility.
(Ord. 329, 2004)
It is unlawful to ignite and/or maintain a fire in any city
park except in picnic stoves provided by the city for that purpose
or as part of a city-authorized event.
(Ord. 329, 2004)
It is unlawful to open or close any valves or switches pertaining
to the water, gas or electric service or to move or remove from one
location to another or destroy any equipment, tools, implements or
materials used by the community services department; provided, however,
that this section shall not apply to any employee
or contractor of the community services department while in
the performance of their approved duties.
(Ord. 329, 2004)
A. Subject
to the conditions set out in this section, pets are permitted in city
parks during the hours that such parks are open to the public.
B. No
person shall bring a dog into, permit a dog to enter into or remain
in, or possess a dog in any city park without first having obtained
a valid license for such dog.
C. It
is unlawful to bring or allow a dog to be within any city park, unless
the dog is restrained by a chain, line or leash not to exceed six
feet and is in the custody and control of some competent person.
D. Except as provided in subsection
C of this section, no person shall bring a pet into or permit a pet to enter and/or remain within, or posses a pet within any structure in a city park. Subsection
C of this section shall not apply to a seeing-eye dog or other service animal assisting a person with a disability.
E. No person shall keep, or permit to remain within a city park, a noisy, vicious, or dangerous pet, or pet which disturbs others. This prohibition shall include all wild animals, potentially dangerous animals and vicious animals as defined in Lemon Grove Municipal Code Chapter
6.04 (Rabies, Animal Control and Regulation).
F. Any
person bringing a pet into a city park is solely responsible for the
action of such pet.
G. The
director may further regulate pets in, or may exclude pets from, any
city park, recreation facility, or recreation area or section of city
park, recreation facility, or recreation area that they find that
the presence of pets conflicts with the general use and enjoyment
of such park, recreation facility, or recreation area.
(Ord. 329, 2004)
No person shall trap, kill, wound, or maltreat any wild or domesticated
bird or animal, and no person shall permit any pet to pursue, trap,
kill, or wound, kill or catch any wild or domesticated bird or animal
in any city park, recreation facility or recreation area. Nothing
herein shall prevent the acts of public officers, employees or agents
from performing acts in furtherance of their public duties.
(Ord. 329, 2004)
It is unlawful for any person to ride, bring, allow, or permit
a horse, mule, donkey, or pony owned or controlled by such person
upon a city park, parking lot, street or sidewalk without the written
permission of the director as part of an authorized city event.
(Ord. 329, 2004)
It is unlawful to permit any child under the age of seven years
to play in any city park or recreation area unless such child is attended
by an adult.
(Ord. 329, 2004)
It is unlawful to practice or play any team or organized sports
within a city park. The use of regulationtype baseballs or bats is
prohibited.
(Ord. 329, 2004)
It is unlawful in any city park, recreation facility or recreation
area to practice or participate in archery or golf, or to possess
an implement used for archery or golf.
(Ord. 329, 2004)
It is unlawful to operate any model airplane, model car, go-cart
or similar self-propelled device, toy or model within any city park
or recreation area. Further, it is unlawful to engage in any inherently
dangerous activity within any city park or recreation area.
(Ord. 329, 2004)
It is unlawful to set up, maintain or give any exhibition, performance,
lecture, or concert without a permit.
(Ord. 329, 2004)
Except when authorized pursuant to a permit issued by the director,
it is unlawful in any city park or recreation area to operate a radio,
television, stereo or any similar electronic or mechanical device
capable of producing or emitting sound at a volume where the sound
is audible at a distance greater than fifty feet from the point of
emission.
(Ord. 329, 2004)
It is unlawful to disturb in any manner any picnic, meeting,
services, concert, exercises, exhibition, athletic events, special
events or organized class, or to indulge in riotous, boisterous, threatening
or indecent conduct or abusive, threatening, profane or indecent language
in any city park, building or recreation area.
(Ord. 329, 2004)
It is unlawful to enter into, wade, bathe, or launder clothing
in the waters of any fountain. Further, it is unlawful to throw into
or deposit any dirt, filth, coins or foreign matter in the waters
of any fountain, or in like manner pollute the same.
(Ord. 329, 2004)
Except when authorized pursuant to a permit issued by the director, it is unlawful to camp, lodge, or sleep for any period of time within a city park during the hours that the park is closed pursuant to Lemon Grove Municipal Code Section
12.20.050. Usage of the parks and recreation areas shall also be subject to the restrictions found in Lemon Grove Municipal Code Chapter
9.36 (Loitering, Soliciting, Camping and Storage of Personal Property).
(Ord. 329, 2004)
Unless permitted by Chapter
8.56, Fireworks, pursuant to a lawful permit, it is unlawful to discharge any firearm, firecracker, bomb, torpedo, rocket or other fireworks within any city park.
(Ord. 329, 2004; Ord. 421 § 2, 2014)
Except for peace officers defined in California
Penal Code Section
817, it is unlawful to carry, convey, maintain, or provide any arm
or weapon including, but not limited to, any fixed-blade knife, hunting
knife, pocket knife, switchblade knife, bayonet, machete, firearm,
chain, club, bat, stack, cane, blackjack, sling shots, bullies, sandclubs,
sandbags, and metal knuckles or any other object or device, whether
normally designed for such use or not, which is intended to be used
or which can be used in a dangerous or offensive manner to inflict
bodily harm upon the person of another, or property damage upon the
property real and personal, or the trees, shrubs, vegetation or lawn
owned by or in the custody of the city, or any other person upon his
or her person, or in a vehicle, whether concealed or not, within any
public park, or other recreational area in the city, or in or upon
any of the walks, lots or avenues of any park or recreational area
in the city.
(Ord. 329, 2004)
Gambling and gaming is prohibited pursuant to the provisions
of California
Penal Code Sections 330 and 330A.
(Ord. 329, 2004)
A. It
is unlawful in a city park to use a group picnic shelter designated
for group use of twenty-five or more persons or to use a ballfield
without a permit authorized by the director. Group picnic shelters
for groups of twenty-five or more persons shall be designated by signs
posted by the director of community services for that purpose.
B. It
is unlawful for any person or group of persons within a city park,
without a permit issued by the director, to fail or refuse to promptly
leave a picnic shelter designated for group use by twenty-five or
more persons or a ballfield following notification by a person designated
for that purpose by the director, or a law enforcement officer.
C. All
groups desiring to make reservations for picnic shelters or ballfields
must complete a park reservation request form, submit a refundable
cleaning and security deposit, and pay the required fee(s) at the
time of request. The reservations must be made at least two days before
the desired date. Groups wishing to reserve a ballfield must reserve
one for a minimum of two hours. If groups wish, for an additional
required fee(s), to have a ballfield prepped (dragged and chalked),
seven days' notice must be given.
D. At
the conclusion of the group's use, a staff member from the community
services department will inspect the area to determine if it has been
cleaned and to ensure that no damage has occurred. If the area is
left in satisfactory condition, the deposit will be refunded. If the
area has not been properly cleaned, the department will cause it to
be cleaned, with the actual costs being deducted from the deposit.
If the costs of cleaning exceed the amount of the deposit, the group
or organization will be billed for the balance due with interest added
if not paid within thirty days after the billing date.
E. Groups
must not exceed the maximum size for their shelter. Any group that
exceeds the maximum will forfeit its cleaning deposit. This occurrence
may be grounds for refusal to approve future requests.
F. Groups
who cancel a reservation will be charged a required fee(s) for handling.
If the reservation is cancelled seven or more days in advance, the
use fee and cleaning/damage deposit will be refunded. If the reservation
is cancelled less than seven days in advance, only the cleaning/damage
deposit will be refunded. Cancellations must be made during business
hours (eight a.m. to five-thirty p.m.), Monday through Thursday, by
calling 825-3815 or by coming to the community services department.
Should inclement weather occur on the day of the reservation, the
groups may receive a refund of the use fee and cleaning/damage deposit
or reschedule their reservation.
G. All
groups will confine themselves to their assigned areas, unless they
are involved with recreational activities. No picnic tables, benches,
grills, stoves or other park equipment will be moved from any other
area without express permission from the community services department.
Groups may not change assigned picnic areas. Failure to comply will
result in forfeiture of all fees.
H. All
group members and caterers must use the parking area assigned on the
reservation form. Any vehicle not parked in designated parking spaces
will be ticketed.
I. Organizations
and groups staging functions in the parks should acquaint themselves
with the general park rules and regulations. Actions which are in
violation of said rules and regulations may result in cancellation
of the outing, forfeiture of deposits, arrest or fine.
J. These
group use rules and regulations apply to all city parks and recreation
areas.
(Ord. 329, 2004)
Upon application presented at least three days in advance, the director will issue a permit for activities regulated within this chapter. The permit process described in this chapter shall be governed by the provisions of Lemon Grove Municipal Code Chapter
10.40 (Permits for Special Events and Parades). A permit shall not be issued if the director finds that the event or activity will violate or cause any of the following conditions to occur:
B. Exceed
the capacity of the city park or recreation facility for the safe
conduct of the event;
C. Present
a clear and present danger to the health, safety or welfare of the
public or other park users;
D. Conflict
with the terms or conditions of a valid prior issued permit;
E. Involve
the use of machinery or equipment which can damage park or recreation
property; or
F. Involve
activity, equipment or a number of persons, or a combination thereof,
which in the opinion of the director of community services, is or
constitutes a threat to public health and safety.
(Ord. 329, 2004)
It is unlawful to possess a lighted or burning tobacco product or tobacco-related product, marijuana or a marijuana-related product, or use an electronic smoking device, as defined in Lemon Grove Municipal Code Chapter
8.24, at any time within the boundaries of any park, including designated parking areas of any city park.
(Ord. 383 § 1, 2009; Ord. 430 § 3, 2015; Ord. 445 § 1, 2017)
A. Any
person skateboarding in a designated skateboard park must wear a helmet,
elbow pads, and knee pads at all times.
B. Skateboarding
in a designated skateboard park is prohibited during wet or unsafe
conditions (including, but not limited to, maintenance, repairs, or
construction).
(Ord. 374 §1, 2008; Ord. 377 § 1, Exh. A, 2008)
Any person who knowingly or willingly violates any of this chapter
shall be guilty of a misdemeanor or infraction as determined by the
city attorney.
(Ord. 374 §1, 2008; Ord. 377 § 1, Exh. A, 2008)