a. Amplified Sound. No one shall operate any sound amplification equipment at a volume that violates the provisions of Sections 4-2 through 4-2.7 of the Danville Municipal Code in any park without a valid permit issued by the Manager.
b. Large Gatherings. The Manager can deny a group permit if the number of persons in the group is so large that it constitutes a threat to park property or public safety.
c. Fires.
1. No person shall kindle or maintain in any park or open space any outdoor fire except for a fire maintained in a regulation park fire pit or park barbecue.
2. No person who kindles or maintains any fire in any park shall leave the area where the fire is kindled or maintained until the fire has been extinguished and is cold to the touch.
3. No person shall ignite any fireworks in any park, open space, or on any Town property, or possess fireworks at any time in any park, open space, or on any Town property.
d. Camping. No person shall camp or lodge in a tent or on the ground, in a motor home or other vehicle, in any park or community facility, including the parking lot of any such area, without the written permission of the Manager.
e. Guns and Dangerous Instruments. No person, except those persons listed in California Penal Code Section 12031 (b) and 12031 (c), shall have in his/her possession in any park or community facility any dangerous weapon, bow and arrows, firearm, or destructive device as that term is defined in Section 12301 of the Penal Code.
f. Motorized Boats and Planes. No person shall operate in any park or community facility any airborne or waterborne boat or plane, any rocket or missile, without the written permission of the Manager.
g. Hunting, Injuring Park Wildlife; Animals and Pets in Parks.
1. No person, other than an open space grazing permittee, shall set out food intended for any wild or tame animal, bird, fish, or reptile, in any park, except at feeding stations so designated by the Manager. In parks where there are water features where wild and domestic fowl gather, birds may be fed bread or birdseed without written permission of the Manager.
2. No person shall abandon any animal, bird, fish or reptile in any park.
3. No person shall hunt, capture, harm, or attempt to hunt, capture or harm any land, air or water animal in any park. All state fish and game laws and regulations shall be in force in all parks. Children under twelve (12) years of age are allowed to fish without a license at Oak Hill Park. While fishing, poles and/or lines may not be left in the water unattended.
4. No person shall remove the unhatched eggs of any wild animal found in any park.
5. Horses and other equine animals may be ridden or led only in those areas of parks designated for such use.
6. No person shall pick, damage, remove or destroy any tree, plant or plant material from any park without the permission of the Manager.
h. Dogs. No person shall bring or allow a dog owned or maintained by them into any park unless such dog is on a leash under complete control at all times. Dogs may be allowed off leash in open space areas where cattle are not grazing when accompanied by an owner or handler and under positive control, but may not be let off leash in any park. “Positive control” shall mean “in sight of and under direct obedient command of the person bringing the dog into the open space”:
1. Any person having the custody or control of any dog shall have the duty to immediately remove any feces left by such animal on any public place and to dispose of such feces in a sanitary manner.
2. Any person having the custody or control of any dog in or on a Town property shall have in such person’s immediate possession a bag or equipment for the picking up and removal of animal feces.
3. No person shall fail or refuse to show to a Town official or to any police officer such device or equipment if the device or equipment is not visible.
4. The provisions of paragraphs 2 and 3 above shall not apply to any disabled person when the person’s disability requires a dog to accompany the person, nor to a person using a dog in emergency or rescue activities.
i. Grazing. No person shall graze cattle, sheep, goats, or any other animal in any park, except in designated open space and then only with a permit issued by the Manager.
j. Swimming. No person shall swim, wade, float, dive, or otherwise immerse themselves in any water feature in any park except in those areas so designated by the Manager by the placement of appropriate signs.
k. Golfing. No person in a park or community facility shall golf, including but not limited to chipping, putting, driving or otherwise practicing golf.
l. Commercial Activities. No person shall practice, carry on, or conduct any business or profession or other commercial enterprise, nor sell or offer for sale any service, merchandise, article, or anything whatever in any park except by permit issued by the Manager and subject to all other provisions of this Code. This section shall not apply to concessionaires of the Town or to persons acting under a lease, license or special permit issued by the Town.
m. Smoking. Smoking shall be prohibited in all parks, facilities and buildings owned or maintained by the Town of Danville.
n. Certain Activities. No person shall engage in sporting or recreational activities or other activities which the Manager has determined to be unsafe or hazardous or likely to cause damage to the park or likely to cause damage to public property. Such restrictions will be posted by the placement of a sign in applicable areas.
o. Alcohol.
1. No person shall consume any alcoholic beverage, with the exception of beer and wine, in any area of a park, including parking lots associated therewith. Individuals twenty-one (21) years and over may consume beer and wine in parks providing it is consumed in conjunction with picnicking activities. Park users may not gather in picnic or other areas for the sole purpose of consuming beer and wine.
2. Beer and wine may be consumed in community buildings providing approval is granted in conjunction with a Facilities Use Permit.
3. Beer and wine shall not be sold in parks or community facilities without a one (1) day license from the Alcohol Beverage Control Board. For events where admission is charged and alcohol served, a one (1) day Alcohol Beverage Control Board license must also be obtained.
4. No alcoholic beverages shall be consumed or possessed on school premises including school grounds defined as parks and maintained by the Town of Danville.
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p. Vehicles in Parks.
1. No person, except for peace officers and Town employees acting in the course and scope of their employment, shall drive or convey any motorized vehicle onto any park grounds except by permit issued by the Manager. Violation of this paragraph shall constitute a misdemeanor, and a public offense authorizing the impoundment of the moter vehicle used in the commission of the offense
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For the purposes of this paragraph, park grounds shall include all areas within all parks except for roadway and parking lots intended for public use.
2. All sections of the California Vehicle Code in effect in the Town of Danville shall be enforced in Town parks.
3. Bicycle. All sections of this Code and the State Vehicle Code pertaining to the use and maintenance of bicycles shall be enforced in Town parks.
q. Yard Clippings or Garbage. No person shall place or dump any grass clippings, tree or shrub pruning, rubbish, garbage or other refuse in any park, except for garbage from food or drink consumed in the park which shall be placed only in receptacles provided for such.
r. Advertising. No person shall place or affix any handbill, circular, pamphlet or advertisement to any tree, fence, shrub or structure in any park.
s. Graffiti. No person shall destroy, mar, spoil, deface, or mutilate any park property by means of painting, carving, writing, or otherwise.
t. Structures. No structure shall be erected or placed in any park or open space other than by permit issued by the Manager.
(Ord. #91-13, §1; Ord. #2011-03, § 2)
1 See California Business and Professions Code, Section 25608.
1 See California Vehicle Code, Section 22655.5