(A) City Parks: The terms "city park", "park" and "park facility" shall include the following: Benham/City Park, Rotary Park, Lions Park, Lumsden Park, Duffey Park, Orchard Hill Park, and Gold Bug Park.
(B) Closing Time: No person shall enter upon, engage in any activity in, or be present in any city park from one hour after sunset to one hour before sunrise, except as provided for in subsection (B)1 of this section or as posted on the park premises.
1. This subsection (B) shall not be applicable to individuals:
(a) Engaged in city business;
(b) Engaged in city authorized programs or activities;
(c) Engaged in an activity at a city park for which a permit has been issued by the recreation and parks department authorizing use during nondaylight hours.
(C) Smoking: Smoking tobacco or any other substance is unlawful and prohibited in Benham/City Park and is permitted in other parks and park facilities only in designated areas that have signs posted for smoking in that specific area, which areas shall contain appropriate receptacles for cigarettes, ashes and butts.
(D) Commercial Activity:
1. "Commercial activity" means selling, or offering for sale, or vending any goods, wares, merchandise, service or other thing of value, for immediate or future delivery, or requesting monetary donations, contributions, pledges, or other things of value for a charitable, religious, cultural, or other cause. Commercial activity includes the distribution of food or clothing.
2. No person shall engage in any commercial activity in any city park without the express written authorization of the director of community services (director) or his or her designee. The director may authorize commercial activities within any city park in connection with special programs or events sponsored or cosponsored by the city, if he or she determines that the commercial activity complements and enhances the special program or event and does not detract from the use of the city park for ordinary park purposes. In making his or her determination, the director shall consider the potential impact on the city park and the surrounding neighborhood.
(E) Alcoholic Beverages:
1. Consumption or possession of alcoholic beverages is permitted in Lions Park and Gold Bug Park in areas designated by the director, which areas shall be signed in a conspicuous manner.
2. With the exception of Lions Park and Gold Bug Park and as provided for in this subsection, consumption or possession of any "alcoholic beverage", as defined in section 8-14-1 of this title, in any park is permitted only upon the issuance of a permit by the director, which permit shall specify and be valid for a particular date and designated area.
(F) General Conduct:
1. Dogs And Animals:
(a) Any person who enters a park with any animal in that person's charge shall not allow such animal to stray or run at large. Dogs shall be maintained on a leash and be properly licensed and vaccinated.
(b) No person shall fail to promptly remove from any park to an appropriate receptacle fecal matter deposited thereon by any animal in said person's charge.
2. Motor Vehicles: Except as permitted by the director, it is unlawful for any person, other than when engaged in the performance of duties as a city employee, to drive or park any motor vehicle or other motorized conveyance, including, but not limited to, motorized scooters and miniature motorcycles, in or upon any city park, greenbelt, trail or other open space owned by the city, except for those areas designated for vehicular travel. This section does not apply to scooters and wheelchairs in proper use by mobility impaired persons.
3. Damaging Park Property: It is unlawful for any person to destroy, damage or deface any property owned or used by the city as a park. Violation of this subsection may be charged as either an infraction or a misdemeanor in the discretion of the district attorney.
4. Animal Life:
(a) It is unlawful to hunt, molest, chase, tease, capture, take, harm, or shoot or attempt to hunt, molest, chase, tease, capture, take, harm, or shoot any vertebrate animal or wildlife in any park, provided that sport fishing is permitted in Lumsden Park as posted.
(b) Violation of this subsection may be charged as either an infraction or a misdemeanor in the discretion of the district attorney.
5. Amplified Sound: No person shall use any amplified sound in any city park without a permit pursuant to section 6-10-2 of this code. This prohibition shall not apply to the use of any radio, tape recorder, CD player, DVD player, personal recording device, television, or broadcasts from any vehicle that is being used for personal use at a volume insufficient to cause a public nuisance.
6. Firearms: No person shall possess, discharge or shoot any firearm, bow and arrow, lawn darts, slingshot, wrist rocket, air gun, spring gun, paintball gun, or any device that shoots or propels a projectile, fireworks, combustible powered projectile, or any other such devices potentially harmful to park visitors and park property. It shall be unlawful to possess or fire any firecracker or fireworks in a city park.
7. Camping: No person shall camp in a city park.
8. Fires: No person shall start or maintain fires in any city park, except for barbecuing food, using established barbecue facilities or personal portable barbecues within designated picnic areas. No person shall fail to fully extinguish live coals or embers before leaving the barbecue facilities or picnic area.
9. Bicycles/Skateboards/Rollerblades/Roller Skates/Scooters: Bicycles may be used along paved walkways, sidewalks, parking lots, or where signage indicates use is permitted. Anyone riding a bicycle within any park facility shall not ride it in such a manner that threatens to, or injures persons, animals, or property. Riding skateboards, rollerblades, roller skates and scooters is allowed only in areas posted with signage to designate such use. Anyone riding within any park facility shall not ride in such a manner that threatens to, or injures persons, animals, or property.
10. Interference: No person shall interfere with the use of any park or portion thereof that at the time is reserved by permit for the use of any other person or group.
11. Harassment/Disturbing The Peace: No person shall annoy or harass, as defined in subsection 6-5-3(B) of this code, any other persons using the park, nor shall anyone commit any act which is a breach of the public peace.
12. Sports: Unless previously authorized in writing by the city of Placerville director of community services or his/her designee, no person, while within any park facility, shall conduct any organized sport tryout, practice, competition or other sporting event associated with a team, league, or school.
13. Golf: Unless, previously authorized in writing by the city of Placerville director of community services or his/her designee, no person, while within any park facility, shall swing golf clubs.
14. Rules And Policies: No person shall disobey or violate any of the rules, policies or regulations of the director of community services governing the use and enjoyment by the public of any park and recreation facility, or governing the use and enjoyment of any building, structure, equipment, apparatus or appliances thereon, which rules or regulations at the time are posted in some conspicuous place in the park and recreation facility, or in or near the building, structure, equipment, apparatus or appliance to which the rule or regulation applies.
15. Removal From Park/Park Facilities:
(a) Any person who interferes with any city employee in the performance of the employee's duties, or who by his or her conduct interferes with use of a park or other park facility, shall be removed from the park by the director or his or her designee or the police. A person who is removed from a park pursuant to this section shall not return to or reenter the park or park facility until the time that the park or park facility opens on the next day.
(b) The director of community services or a police officer may exclude any person who, while present in a park or park facility, violates any applicable ordinance, statute, posted rule or regulation. Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions unless that person is also committing acts that are not protected that violate a specific provision of the law that would allow for exclusion.
(c) Any exclusion from a park or park facility under the provisions of this section shall be for the specified time periods following occurrence of the following violations in a park or park facility:
(1) One day: Single infraction of park rules or ordinances;
(2) Thirty (30) days: Arrest or citation for a misdemeanor nonviolent crime (e.g., public intoxication), or three (3) or more infractions of park rules or ordinances within the previous year;
(3) Ninety (90) days: Two (2) arrests or citations for misdemeanor nonviolent crimes, or five (5) or more infractions of park rules or ordinances within the previous year, or arrest for a felony nonviolent crime (e.g., drug possession);
(4) One year: Three (3) or more arrests or citations for nonviolent crimes, or seven (7) or more infractions of park rules or ordinances within the previous year, or any arrest for a violent crime.
(d) Written notice shall be given to a person excluded from any park or park facility under this section. The notice shall specify the date the exclusion begins and the duration of the exclusion, shall identify the offending conduct leading to the exclusion, and shall inform the excluded person of the right to appeal the exclusion. The exclusion notice shall be signed by the issuing person and shall also state any penalties for failure to comply.
(e) Any exclusion shall begin immediately upon the issuance of the exclusion notice and end upon the opening of the park on the day following the end of the exclusion.
(f) At any time within the period of exclusion, a person receiving a notice of exclusion may appeal the exclusion in writing to the director or chief of police for a waiver or modification of the exclusion for good cause. Upon review by the director, chief of police or designee, the exclusion shall be upheld if a preponderance of the evidence presented upon the appeal demonstrates that the excluded person committed the violations. The director, chief of police, or designee, shall have the authority to modify the terms of the exclusion for good cause. The decision of the director, chief of police, or designee, shall be final.
(g) The recreation and parks department shall maintain an accurate database of those persons excluded from parks and park facilities.
(h) No person subject to the exclusion notice shall enter or remain in any park or park facility at any time during the period indicated in the exclusion notice. Violation of this subsection may be charged as an infraction or misdemeanor in the discretion of the district attorney.
(G) Special Events/Filming Permits:
1. Any person desiring to use a park or park facility for a special event having fifty (50) or more participants shall notify the director of such intended use and shall obtain the appropriate special events permit from the director.
2. Any person desiring to use a park or park facility for the purpose of producing a commercial video or film shall first obtain a filming permit from the director. This provision is not intended to prohibit filming or videoing for an individual's personal use.
(H) Violation; Penalty:
1. Unless specified otherwise, a violation of any provision of this section shall be punishable as an infraction. (Ord. 1657, 9-10-2013)