Section
General Provisions
93.01 Recreation and Parks Commission
93.02 Camping permitted only in specifically designated areas
93.03 House trailers; auto and trailer camps
93.04 Euthanasia of zoo animals
93.05 Ball playing in streets restricted
Municipal Golf Course
93.25 Establishment
93.26 Rules and regulations
93.27 Control and maintenance
Parks and Playground
93.50 Closing hours
93.51 Damaging or interfering with property
93.52 Molesting birds and animals
93.53 Zoo animals
93.54 Animals prohibited
93.55 Baseball playing
93.56 Vending
93.57 Intoxicating beverages
93.58 Depositing garbage
Skate Board Park
93.70 Purpose
93.71 Definitions
93.72 Helmet, elbow pads and knee pads required
93.73 Posting of signs at skate park
93.74 Regulations of use and rules of conduct
93.99 Penalty
Cross-reference:
GENERAL PROVISIONS
(A) The Recreation and Parks Commission is hereby created and shall consist of nine members.
('63 Code, § 11-4.01)
(B) The Recreation and Parks Commission shall have the following powers and duties:
(1) To serve in an advisory capacity to the Council, the City Manager, and the Director of Public Works in all matters pertaining to public recreation, public parks, squares, and grounds;
(2) To make recommendations to the Council, the City Manager, and the Director of Public Works with respect to the provisions of the annual budget for recreation and park purposes;
(3) To accept and reject offers of donations of money, personal property, and real estate to be used for recreation and park purposes, subject to approval by the Council;
(4) To prepare and recommend to the Council, the City Manager, and the Director of Public Works a comprehensive municipal recreation and park program for the inhabitants of the city, to promote and stimulate public interest therein, and to solicit to the fullest possible extent the cooperation of school authorities and other public and private agencies interested therein;
(5) To establish schedules of charges for services rendered by the Department of Public Works, subject to approval by the Council;
(6) To prepare and recommend for adoption by the Council rules and regulations for the use and improvement of public parks and recreation areas, squares, and grounds in the city, including playgrounds, concessions, and recreational facilities and programs installed and maintained therein;
(7) To prepare and recommend to the Council, the City Manager, and the Director of Public Works policies for the acquisition, development, and improvement of parks and recreation areas; and,
(8) To perform such other duties relating to recreation and park matters as may be prescribed by the Council.
('63 Code, § 11-4.02)
(Ord. 2874, passed 7-18-61; Am. Ord. 375-C.S., passed 10-19-82)
(A) Statement of purposes. The City Council finds that:
(1) The streets, parks, public buildings and grounds, and other public areas in the city should be readily accessible and available to residents and the public at large. Public property within the city is not specifically designed for the purposes of camping or overnight sleeping activities and so does not have the facilities necessary to protect the property from overuse and unsanitary conditions potentially injurious to public health. The use of public property for camping purposes interferes with the rights of others to use the areas for the purposes for which they were intended, such as transportation, municipal operations, recreation, and open space.
(2) There is no specific site or sites that should be designated for camping because it is the experience of the city and other municipalities that sites where camping is continuous or camping populations are numerous become public health, environmental degradation, and policing problems.
(3) Camping activities may constitute a public health and safety hazard when conducted without the proper security and sanitary facilities and precautions. The necessity to clean up, repair or remediate public property that has been used for unlawful camping may result in substantial costs to the public.
(4) This section must be interpreted not to criminalize any person based on their status as a homeless individual. To that end, whenever an issue of interpretation arises, this section must be interpreted in a manner consistent with the holding in Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584.
(5) The law enforcement response to a violation of this section should prioritize the city's restorative justice and diversion programs in preference to citations for infractions when offenders are willing and able to participate in those programs.
(B) Definitions. For purposes of this section, the following definitions apply, unless the context clearly indicates or requires a different meaning:
ACCOMMODATION. A place that is protected from the elements and offers sleeping and restroom facilities and that does not require a person to forego the exercise of any State or Federal Constitutional right in order to stay there.
AVAILABLE. Obtainable by the specific person taking into account that person's characteristics and circumstances.
TO CAMP or CAMPING. To place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
CAMP FACILITIES. Tents, huts, lean-tos, vehicles, vehicle camping outfits or temporary shelters, cook stoves or fire pits, however constructed.
CAMP PARAPHERNALIA. Bedrolls, tarpaulins, cots, beds, mattresses, sleeping bags, hammocks, camp stoves or cooking implements or similar materials.
INVOLUNTARY CAMPING. Camping by a person at such time as there is no accommodation accepting homeless persons within the city that is available to that same person.
PUBLIC PROPERTY. Any property owned or leased by any public entity or agency, whether federal, state or local.
PROHIBITED PLACE. Each of the following places:
(a) The Sequoia Park Zoo;
(b) The Eureka Municipal Golf Course;
(c) All city parks;
(d) The area 75 feet from the centerline of any officially-designated recreational or multi-use trail on city property;
(e) The Downtown/Old Town Business District as defined in Appendix A to Ord. 913-C.S.;
(f) The Northern Gateway Business District A, as defined in Appendix B to Ord. 913-C.S.;
(g) The Waterfront Business District, as defined in Appendix C to Ord. 913-C.S.;
(h) The Henderson Center Business District, as defined in Appendix D to Ord. 913-C.S.;
PROHIBITED TIME OF DAY. The time between 30 minutes after sunrise and 30 minutes before sunset. EXCEPTION: Subject to the Prohibited Place and Private Property restrictions, and the restrictions of §§ 130.11 and 130.13 of this code, a person who is involuntarily camping lawfully may remain in place through the course of the day when the weather is actively, measurably raining or snowing or the temperature is below 40 degrees Fahrenheit as of 30 minutes after sunrise.
VOLUNTARY CAMPING. Camping for which no city permit has been issued, on any public property within the city, at such time as there is an accommodation available to the person that that person refuses to avail him/her or their self of for any reason that is unrelated to the person's exercise of a First Amendment or other state or federal constitutional right.
(C) Unlawful camping.
(1) It is unlawful and a public nuisance to camp voluntarily, occupy camp facilities or use camp paraphernalia in, on or under any public property, except as permitted by an exception approved expressly or by policy adopted by the City Council.
(2) It is unlawful and a public nuisance, whether voluntarily or involuntarily, to camp, occupy camp facilities or use camp paraphernalia in, on or under any public property in a prohibited place or during the prohibited time of day.
(3) It is unlawful and a public nuisance, whether voluntarily or involuntarily, to camp, occupy camp facilities or use camp paraphernalia on public or private property in a manner that meets the definition of “obstructive conduct” found in § 130.11 or obstructs rights-of-way under § 130.13 of the Eureka Municipal Code.
(D) Involuntary camping - when and where lawful. Involuntary camping on public property is lawful when and where it is not otherwise unlawful under division (C), above.
(E) Camping on private property. Camping on private property is lawful if the owner of 50% or more of the fee interest in the property is present at all times the camping is occurring, and if the camping is occurring accessory to an existing permitted residential use on the property, and the property is zoned for residential use only. Notwithstanding the foregoing exemption, if the camping is creating or maintaining a nuisance as defined in this Code or is without the express written consent of an owner of 50% or more of the fee interest in the property, then it is unlawful. On lands not described above in respect to permitted use and zoning, unless the land is specifically zoned and approved for camping, all other camping on private property is unlawful and a nuisance.
(F) Penalty. A violation of this section is an infraction and is subject to the following penalties:
(1) A fine not exceeding $25.00 for a first violation;
(2) A fine not exceeding $35.00 for a second violation of this section within one year of a prior violation:
(3) A fine not exceeding $50.00 for each additional violation of this section within one year of two prior violations.
(G) Severability. If any provision, subdivision, sentence, clause or phrase of this section as now constituted or later amended, or its application to any person or circumstance, is held invalid, unconstitutional or otherwise unenforceable, that holding will not affect other provisions that can be given effect without the invalid provision or application. The Council declares that it would have adopted this section and each provision, subdivision, sentence, clause, or phrase hereof independent of the fact that any provision, subdivision, sentence, clause, or phrase may later be declared invalid, unconstitutional or unenforceable.
(‘63 Code, § 5-2.01) (Ord. 573-C.S., passed 8-4-94; Am. Ord. 598-C.S., passed 12-19-95; Am. Ord. 913-C.S., passed 2-16-21; Am. Ord. 918-C.S., passed 8-17-21) ) Penalty, see § 10.99
(A) It shall be unlawful for any person to use a house trailer, trailer, semi-trailer, truck, or other movable structure for habitation within the city except in a duly established licensed auto camp.
('63 Code, § 5-2.04)
(B) The Health Officer is hereby authorized and directed to enforce the regulations and laws of the health and safety regulations and laws of the state and the regulations and laws of the city regarding the construction, conduction, and regulation of auto and/or trailer camps in the city.
('63 Code, § 5-2.05)
(Ord. 2419, passed 3-16-48) Penalty, see § 10.99
(A) No healthy Sequoia Park Zoo animal shall be euthanized without approval of the Zoo Advisory Board and prior public notice. As used herein “healthy” animal shall mean one free of disease or debility as judged by competent veterinary authority and “zoo animal” shall mean an animal who has come into ownership of the Sequoia Park Zoo through authorized means and is used for public display.
(B) Nothing in division (A) herein shall preclude appropriate disposal of animals judged sick and diseased or debilitated or injured by competent veterinary authority or the emergency destruction of an animal to protect human life.
('63 Code, § 11-8.101)
(C) Willful violation of this section by any city employee shall be grounds for dismissal from employment from the city.
('63 Code, § 11-8.103)
(Ord. 367-C.S., passed 8-17-82) Penalty, see § 10.99
Every person who shall play ball, or engage in throwing, pitching, or catching a ball, on any street or alley in the city after being requested by any police officer to forbear or discontinue the same shall be guilty of a misdemeanor.
('63 Code, § 11-5.01) (Ord. 215, passed - - ) Penalty, see § 10.99
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