This chapter shall be known as, and may be cited as, the "park ordinance."
(Ord. 241 § 2.3, 1974; Ord. 1285 § 1, 2006)
(A) "Alcoholic beverages"
includes alcohol, spirits, liquor, wine, beer, and every liquid containing more than trace amounts of alcohol and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
(D) "Director"
means the Director of Recreation and Culture, his/her deputy, or other person authorized by him/her, pursuant to law, to act in his stead.
(E) "Motor vehicles"
means any multiwheeled, treaded, or sled-type vehicle that is propelled by a motor or engine. "Motor vehicles" includes any vehicle commonly known as a "motorized recreation vehicle."
(F) "Narcotics or dangerous drugs"
means those narcotics or drugs listed or defined in the Health and Safety Code as now or hereafter amended.
(G) "Park"
includes every park, roadside rest area, golf course, reservoir, riding and hiking trail, and every other recreation facility owned, managed, or controlled by the City and under the jurisdiction of the Director.
(H) "Park waters"
means any lake, reservoir, pond, or other body of water within a park.
(J) "Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(K) "Section"
means a section of this chapter unless some other statute or ordinance is specifically mentioned.
(L) "Sidewalk vendor"
means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
(N) "Scooter"
means any board or flat object which has wheels attached to it by any means whatsoever and which is intended to be propelled by pushing, pulling, or by the forces of gravity and to which there is affixed a device or mechanism for steering.
(O) "Smoke" and "smoking"
mean the carrying or holding of a lighted pipe, cigar, cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, or any other lighted smoking equipment used for burning any tobacco product, weed, plant, or any other combustible substance. Smoking includes the use of an electronic cigarette or any other electronic and/or battery-operated device used to deliver an inhaled dose of nicotine or other substance.
(P) "Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
(Q) "Vend" or "vending"
shall mean to sell or offer for sale any goods, food, wares, or merchandise.
(Ord. 241 §§ 1.1 – 1.11, 1974; Ord. 1285 § 1, 2006; Ord. 1456 § 1, 2014; Ord. 1516 § 1, 2018)
A person shall not enter, be, or remain in any park unless he complies with all of the regulations set forth in this chapter applicable to such park, with all rules posted at the park, and with all other applicable laws, ordinances, rules and regulations. The Director shall have the authority to order any person who violates the provisions of this chapter to leave the premises of, and stay away from, any particular park. The failure to comply with an order to leave or stay away from any park is a separate offense and may be prosecuted as either an infraction or misdemeanor.
(Ord. 241 § 2.1, 1974; Ord. 1285 § 1, 2006)
Whenever a power is granted to, or a duty is imposed upon, the Director or other public officer, the power may be exercised or the duty performed by a deputy of the public officer or other person so authorized pursuant to law, by the Director except as otherwise provided by this chapter.
(Ord. 241 § 2.4, 1974; Ord. 1285 § 1, 2006)
The rules and regulations set forth in this chapter apply to all parks as defined in PMC § 8.24.020 except as otherwise expressly stated.
(Ord. 241 § 3.1, 1974; Ord. 1285 § 1, 2006)
A person shall not place, throw, leave, keep, or maintain any object in such a manner or in such a place that any person or animal may be injured or any structure or vehicle may be damaged thereby.
(Ord. 241 § 3.2, 1974; Ord. 1285 § 1, 2006)
A person shall not throw, place, or dispose of any garbage, refuse, waste paper, bottles, or cans in any place in a park other than into a garbage can, recycling can, or other receptacle maintained therein for that purpose.
(Ord. 241 § 3.3, 1974; Ord. 1285 § 1, 2006)
A person shall not discharge or shoot any firearms, air gun, slingshot, bow and arrow, or any other device that discharges a projectile in any park except at ranges designated for such purpose by the Director.
(Ord. 241 § 3.4, 1974; Ord. 1285 § 1, 2006)
A person shall not take or transport into any park, or have in his possession therein, or fire or discharge therein, any firecracker, rocket, torpedo, fireworks, or other explosive substance. This section shall not apply to a "pyrotechnic operator," as defined by Health and Safety Code Section 12527, providing a "public display of fireworks," as defined by Health and Safety Code Section 12524, authorized by the City.
This section shall not apply to the temporary transport, storage and sale of safe and sane fireworks as permitted by PMC § 8.04.430 et seq. if the City Manager or his or her designee has approved the park site for temporary lease for the purpose of fireworks sales. The City Manager may place limitations and requirements on fireworks booths in City parks that he or she deems appropriate for City facilities such as rent, increased insurance, indemnity and other requirements. All other provisions of this code relating to fireworks, including, but not limited to, the application process, permitting requirements, deposits, eligibility, operation, booth construction and related regulations, shall apply.
(Ord. 241 § 3.5, 1974; Ord. 1285 § 1, 2006; Ord. 1414 § 1, 2011)
A person, other than a duly authorized park employee in the performance of his duties, shall not:
(A)
Dig, remove, destroy, injure, mutilate, or cut any tree, plant, shrub, grass, fruit, or flower or any portion thereof growing in any park;
(B)
Remove any wood, turf, grass, soil, rock, sand, or gravel from any park;
(C)
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; or mark, etch or place thereon or on any portion thereof any mark, writing, or printing; or attach thereto any sign, card, display or other similar device.
(Ord. 241 § 3.6, 1974; Ord. 1285 § 1, 2006)
A person shall not light or maintain any fire in any park other than in a stove, fire circle, or area designated for such purpose, except upon written authorization from the Director. All fires lighted or maintained pursuant to this section shall be in compliance with all applicable rules and regulations of the County air pollution control district and any Fire Department having jurisdiction over the respective park areas.
(Ord. 241 § 3.7, 1974; Ord. 1285 § 1, 2006)
A person shall not disturb the peace and quiet of any park by:
(A)
Any unduly loud or unusual noise; or
(B)
Tooting, blowing or sounding any siren, horn, signal, or noise-making device; or
(C)
Any obscene, violent or riotous conduct; or
(D)
The use of obscene language therein.
(Ord. 241 § 3.8, 1974; Ord. 470 § 24, 1982; Ord. 1285 § 1, 2006)
A person shall not bring into a park any cattle, horse, mule, goat, sheep, swine, reptile, fowl, or other animal of any kind except as specifically provided in this chapter or as otherwise permitted by the Director.
(Ord. 241 § 3.9, 1974; Ord. 1285 § 1, 2006)
(A)
Except as provided below, a person may bring and maintain in any outdoor park a dog or cat.
(B)
Dogs and cats are prohibited at the following facilities: DryTown Water Park, Palmdale Amphitheater, and Best of the West Softball Complex.
(C)
The Director may, from time to time, prohibit dogs and cats from entering any individual park, or portion thereof, by posting such a prohibition at the entrance of the park or around the prohibited area. All persons shall comply with the posted rules.
(D)
Dogs specially trained as guide dogs, signal dogs, or service dogs are allowed at all parks during park hours.
(E)
Except as provided in PMC § 8.24.141, all dogs and cats must be kept on a leash or chain, not exceeding six feet in length, at all times while on park property.
(F)
All dogs and cats must remain under the full control of its owner or custodian at all times while on park property. The owner or custodian is responsible for all actions of the dog or cat while on park property.
(G)
It shall be unlawful to leave excrement or other pet refuse on park property, except in a garbage can or other trash receptacle.
(Ord. 241 § 3.10, 1974; Ord. 1285 § 1, 2006; Ord. 1320 § 1, 2007)
(A)
The Director is authorized to designate individual parks, or portions thereof, as dog exercise and recreation areas. These areas may be referred to as "dog parks" or "authorized off-leash areas." The Director is authorized to promulgate rules and regulations regarding the nature and use of the dog exercise and recreation areas and shall post such rules and regulations at, or near, each dog exercise and recreation area. It shall be unlawful to violate any rule or regulation of this chapter or any rule or regulation posted at, or near, a dog exercise and recreation area.
(B)
Dogs are the only animals allowed to use dog exercise and recreation areas. A person shall not bring into any designated dog exercise and recreation area any pet or other animal of any kind, other than a dog, except with the written permission of the Director.
(C)
Dogs in designated dog exercise and recreation areas are not required to be leashed, as required by PMC § 8.24.140(E). However, dogs must be leashed, as required by PMC § 8.24.140(E), during ingress to and egress from designated dog exercise and recreation areas.
(D)
The presence of a dog in a designated dog exercise and recreation area shall constitute implied consent of the person either owning or controlling the dog to the regulations imposed by the Palmdale Municipal Code and the Director.
(E)
The presence of a dog in a designated dog exercise and recreation area shall constitute a waiver of liability, on behalf of the person owning and controlling the dog, to the City of Palmdale, as well as an agreement and undertaking to protect, indemnify, defend, and hold harmless the City of Palmdale for any injury or damage caused by the dog.
(Ord. 1320 § 2, 2007)
A person may only lead or ride a horse, mule, donkey, or other similar animal on designated trails or in designated equestrian areas subject to all rules and regulations governing their use or in other park areas upon written permission of the Director, subject to the regulations of the use permit.
(Ord. 241 § 3.11, 1974; Ord. 1285 § 1, 2006)
A person shall not permit any cattle, horses, goats, sheep, swine, fowl, or any domestic animal to graze in any park, except on property designated for such purpose.
(Ord. 241 § 3.12, 1974; Ord. 1285 § 1, 2006)
A person shall not molest, hunt, disturb, injure, shoot at, take, net, poison, wound, harm, kill, or remove from any park any kind of animal except:
(A)
When necessary to avoid bodily harm;
(B)
If a person is a duly authorized park employee and is doing so in the performance of his duties.
(Ord. 241 § 3.13, 1974; Ord. 1285 § 1, 2006)
A person shall not bring to, or operate in, any park any motor vehicle except at such times and at such places as permitted by the Director in written regulations or permits issued by him from time to time, and any such operation of a motor vehicle shall be in accordance with the conditions contained in the regulation or permit. A person shall not park any motor vehicle in any park except in areas designated by the Director for parking.
(Ord. 241 § 3.14, 1974; Ord. 1285 § 1, 2006)
(C)
Notwithstanding subsection (A) of this section, a person may use, ride, or otherwise operate a bicycle in a park specifically designated and posted for that purpose by the Director.
(D)
Any person who violates this section is guilty of an infraction.
(Ord. U-1181 § 1, 2001; Ord. 1181 § 1, 2001; Ord. 1285 § 1, 2006)
A person shall not operate model automobiles, motorcycles, rockets, airplanes, helicopters, boats, or crafts except with the written permission of the Director. Use of model vehicles shall be limited to those areas designated for said use and subject to all rules and regulations contained in the written permission.
(Ord. 241 § 3.15, 1974; Ord. 1285 § 1, 2006)
A person shall not hitch or pull by any vehicle upon, along, or across any road or driveway any toboggan, sled, skis, or any other type of winter sports equipment. A person shall not use any toboggan, sled, skis, or any other type of winter sports equipment upon, along, or across any road or driveway.
(Ord. 241 § 3.16, 1974; Ord. 1285 § 1, 2006)
A person shall not play or practice golf or swing any golf club within any park, except in such areas and to the extent as may be authorized by posted signs authorized by the Director.
(Ord. 1285 § 1, 2006)
(A)
Vending is allowed in City parks subject to the following regulations:
(1)
All sidewalk vendors must comply with the applicable regulations in PMC § 5.04.460 (Sidewalk vending);
(2)
Vending is prohibited in any park before the park opens or after one-half hour prior to park closure;
(3)
Vending shall occur only on sidewalks or paved walkways within the parks;
(4)
No sidewalk vendor shall vend within 100 feet of another sidewalk vendor;
(5)
Vending is prohibited in, or within the immediate vicinity of, any park area subject to a rental agreement or during any special event. For purposes of this Section, "special event" shall mean any City event and any community event subject to a special event permit or temporary use permit pursuant to PMC § 17.26.100 (Temporary use and special event permits). This prohibition shall only be effective for the limited duration of the rental agreement or event;
(6)
No vending shall be allowed in any pool area. For purposes of this Section, "pool area" shall mean any pool or water park attraction and any adjacent area circumscribed by a fence or building.
(B)
No stationary sidewalk vendor may operate in a City-owned or City-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
(C)
Vending is prohibited in parks subject to a deed restriction prohibiting private commercial activities. Parks with such restrictions shall be posted with no vending signs.
(D)
This Section shall not apply to:
(Ord. 241 § 3.17, 1974; Ord. 1285 § 1, 2006; Ord. 1516 § 2, 2018; Ord. 1606 § 6, 2023; Ord. 1614 § 4 (Exh. I), 2023; Ord. 1634 § 10, 2024)
A person shall not enter, remain in, or be in any park while he is under the influence of any alcoholic beverage or narcotic or dangerous drug.
(Ord. 241 § 3.18, 1974; Ord. 1285 § 1, 2006)
A person shall not enter, be, or remain in any park while in possession of, transporting, purchasing, selling, giving away, or consuming any alcoholic beverage except at a concession facility duly authorized by the City and properly licensed. A person shall not enter, be, or remain in any park while in possession or transporting, purchasing, selling, giving away or consuming any narcotics or dangerous drugs.
(Ord. 241 § 3.19, 1974; Ord. 1285 § 1, 2006)
A person shall not enter, be, or remain in any park or in any building in any park between the hours of 10:00 p.m. and 6:00 a.m. except where such person is camping as provided for under PMC § 8.24.260 or as authorized by a written permit issued by the Director. The Director may, from time to time, change the hours of use as stated in this section for any individual park by posting the hours at the entrance of the park. All persons shall comply with the changed hours.
(Ord. 241 § 3.20, 1974; Ord. 1285 § 1, 2006)
A person shall not bring a recreational vehicle, as defined in PMC § 15.28.010, into any park not having a designated overnight camping area except when authorized by the Director, City Manager, or the City Manager's designee.
(Ord. 241 § 3.21, 1974; Ord. 1285 § 1, 2006)
(A)
A person shall not camp or sleep overnight in any park as provided in PMC § 9.46.010 except where a family-type camping area is so designated and then only in accordance with the rules and regulations governing the use of the area. The Director may issue a permit to any youth group of a character-building nature and to any special interest group permitting its members as a group to camp overnight at a designated location in a park if he finds:
(1)
That, in the case of a youth group, the group was organized in good faith and not for the purpose of obtaining a permit under this section and the members of the group will be supervised during the camping by an adequate number of responsible adults and the overnight camping will not interfere with or in any way be detrimental to the park or interfere with the uses thereof; and
(2)
That the group has agreed to the conditions contained in the permit.
(B)
Upon the granting of the permit, the members of the group, including the adult supervisors, may camp at the time, location, and under the conditions specified in the permit.
(Ord. 241 § 3.22, 1974; Ord. 1285 § 1, 2006; Ord. 1605 § 4, 2023)
A person shall not change clothes or disrobe in a park except in that portion of a comfort station or other facility, if any, which is designated for such purpose.
(Ord. 241 § 3.23, 1974; Ord. 1285 § 1, 2006)
A person shall not place in any park waters any edible matter, dish, or utensil or wash or cleanse in any park waters any such edible matter, dish or utensil or commit any nuisance in or near such waters or pollute any park waters.
(Ord. 241 § 3.24, 1974; Ord. 1285 § 1, 2006)
A person shall not operate any motor vehicle on or over any firebreak or any fire protection roads which are posted against public use or operate any motor vehicle on or over any riding or hiking trail, including a riding and hiking trail established under Article 6 of Chapter 1 of Division 5 of the Public Resources Code of the state.
(Ord. 241 § 3.25, 1974; Ord. 1285 § 1, 2006)
In addition to all City ordinances, state and federal laws, and any other applicable laws, rules, and regulations, the following applies specifically to the park facilities known as the Hammack Activity Center, Palmdale Oasis Park Recreation Center, and any other indoor City recreation or activity center: all persons using any indoor City recreation or activity center must obtain and present upon request a photograph identification card issued by the City and comply with all posted rules at the facility. The Director shall promulgate rules and regulations applicable to the use of the individual indoor City recreation or activity center including, but not limited to, the issuance of photograph identification cards, hours of operation, admission requirements, use of the facility, and waivers of liability, and shall cause such rules and regulations to be posted at the facility.
(Ord. 1285 § 1, 2006)
In addition to all City ordinances, state and federal laws, and any other applicable laws, rules, and regulations, the following apply specifically to the park known as the Palmdale Amphitheater:
(A)
A person shall not enter, be, or remain in the Palmdale Amphitheater except during a scheduled event or with the permission of the Director.
(B)
A person shall not throw, toss, or hurl any object in the Palmdale Amphitheater.
(C)
A person shall not bring into the Palmdale Amphitheater any food, beverage, ice chest or cooler, unless prior approval is obtained from the Director.
(D)
A person shall not smoke in the Palmdale Amphitheater, except in those areas designated as smoking areas.
(E)
A person shall not dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place in the Palmdale Amphitheater, including garbage cans and other receptacles maintained for the disposal of rubbish, except in receptacles designated for the disposal of tobacco products.
(Ord. 1285 § 1, 2006; Ord. 1433 § 3, 2012)
In addition to all City ordinances, state and federal laws, and any other applicable laws, rules, and regulations, the following apply specifically to the park known as the DryTown Water Park:
(A)
All persons must comply with all posted rules and regulations relating to use of the water park and the individual park attractions. The Director shall promulgate rules and regulations applicable to the use of the park and its individual attractions including, but not limited to, hours of operation, admission requirements, use of the facility and its attractions, and waivers of liability, and shall cause such rules and regulations to be posted at DryTown Water Park.
(B)
A person shall not bring into DryTown Water Park any food, beverage, ice chest or cooler, unless prior approval is obtained from the Director.
(C)
A person shall not bring into DryTown Water Park any disposable swim diapers. Diapered guests at DryTown Water Park must wear reusable plastic swim pants in all pools and attractions.
(D)
Children under the age of 12 are not permitted at DryTown Water Park unless accompanied by a person age 18 or older.
(E)
A person shall not run or slide on any paved surface at DryTown Water Park.
(F)
A person shall not smoke in DryTown Water Park.
(G)
A person shall not dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place in DryTown Water Park, including garbage cans and other receptacles maintained for the disposal of rubbish.
(Ord. 1285 § 1, 2006)
In addition to all City ordinances, state and federal laws, and any other applicable laws, rules, and regulations, the following apply specifically to the park known as the Best of the West Softball Complex:
(A)
A person shall not enter, be, or remain in the Best of the West Softball Complex except during an authorized league game or practice, a scheduled tournament or event, or with the permission of the Director.
(B)
A person shall not smoke in the Best of the West Softball Complex.
(C)
A person shall not dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place in the Best of the West Softball Complex, including garbage cans and other receptacles maintained for the disposal of rubbish.
(Ord. 1285 § 1, 2006)
A person exercising any of the privileges authorized by this chapter does so at his own risk without liability on the part of the City, their officers, employees and agents for death or injury to persons or damage to property resulting therefrom.
(Ord. 241 § 2.7, 1974; Ord. 1285 § 1, 2006)
The Director shall enforce the provisions of this chapter.
(Ord. 241 § 2.5, 1974; Ord. 1285 § 1, 2006)
Any person who, within the incorporated territory of the City, violates any provisions of this chapter, the conditions of any permit issued pursuant thereto, or any rule or regulation relating to parks, is guilty of a misdemeanor. Upon conviction thereof, he shall be punishable by a fine of not less than $5.00 nor more than $200.00 or by imprisonment in the County Jail for not less than five days nor more than six months, or by both such fine and imprisonment.
(Ord. 241 § 2.6, 1974; Ord. 1285 § 1, 2006)