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Except where other signs are required, whenever in this code smoking is prohibited, conspicuous signs must be posted so stating, containing all capital lettering not less than one inch in height on a contrasting background. It is the Director's duty to post such signs or to cause such signs to be posted.
(Ord. 1125, passed 11-8-04)
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter.
DIRECTOR means the Community Services Director, or designee.
PLAYGROUND, for purposes of Cal. Health & Safety Code § 104495, means 25 feet from the edge of a sand area within a city park or recreational area specifically designed to be used by children and that has play equipment installed in it.
SMOKING means the combustion of any cigar, cigarette, pipe, or any similar article, using any form of tobacco or other combustible substance in any form.
(Ord. 1125, passed 11-8-04)
The following actions are prohibited within the limits of any public park within the city:
(A) Cutting, breaking, injuring, defacing or disturbing any tree, shrub, plant, rock, building, monument, fence, bench or other structure, apparatus or property, or marking or writing upon any building, monument, fence, bench or other structure;
(B) Cutting or removing any wood, turf, grass, soil, rock, sand or gravel without first obtaining permission of the City Council;
(C) Posting, placing or erecting any bills, notices, paper or advertising device or matter of any kind without first obtaining permission of the City Council;
(D) Hitching or fastening any horse or other animal, except at a place especially designated or provided for such purpose;
(E) Riding or driving any horse or other animal or propelling any vehicle, cycle or automobile elsewhere than on the roads or drives provided for such purpose;
(F) Making or kindling a fire at places other than those designated and set apart by the City Council for such purposes;
(G) Permitting or allowing any livestock or other animals to run at large within the boundaries of any city park;
(H) Discharging any firearms, firecrackers, rockets, torpedoes, or other fireworks, or air guns or slingshots without first obtaining written permission of the City Council;
(I) Except as otherwise allowed by a valid permit issued pursuant to this code, possession or consumption of any alcoholic beverage at any time or location;
(J) Possession or breakage of any glass beverage container;
(K) Wilfully or negligently discarding, depositing, dropping, placing or spilling of any garbage, paper, rubbish, refuse, waste matter, leftover substance, carcass or any nauseous or offensive material of any kind, except into a waste receptacle;
(L) Possession or use of any powered model airplane;
(M) Possession or use of any golf club or golf ball;
(N) Playing of hardball or softball or baseball at any location where prohibited by a resolution of the City Council. A sign shall be posted notifying the public of such prohibition;
(O) Permitting any animal to defecate unless the waste is immediately collected and disposed of in a waste receptacle, or removed from public property.
(P) Smoking a cigarette, cigar, or use any tobacco or tobacco-related product within 25 feet of any playground or tot-lot sandbox area, pursuant to Cal. Health & Safety Code § 104495; or
(Q) Disposing cigarette butts, cigar butts, or any other tobacco-related waste within 25 feet of a playground or a tot-lot sandbox area, pursuant to Cal. Health & Safety Code § 104495.
(‘81 Code, § 12.24.020) (Ord. 952, passed - -92; Am. Ord. 1125, passed 11-8-04; Am. Ord. 1127, passed 12-20-04) Penalty, see § 95.99
(A) Except when different hours must be established by resolution of the City Council and notice of those hours posted in the particular park area or recreation ground affected, all public parks and recreation grounds in the city owned or operated by the city must be closed to the public from 10:00 p.m. to 7:00 a.m.
(‘81 Code, § 12.24.030)
(B) Any person or persons who enter or are on the premises of any public park or recreation ground owned or operated by the city between the hours of 10:00 p.m. and 7:00 a.m., or during such hours as must be established by resolution of the City Council, must be guilty of an infraction.
(‘81 Code, § 12.24.040) (Ord. 679, passed - -77; Ord. 726, passed --79; Am. Ord. 1125, passed 11-8-04) Penalty, see § 95.99
(A) Application; filing fee.
(1) Any person, persons, groups, associa-tions or organizations wishing to be in or otherwise use any public park or recreation ground, owned or operated by the city, between the hours of 10:00 p.m. and 7:00 a.m., may apply in writing to the City Council for permission therefor.
(2) The City Council may, by resolution, establish a filing fee for such applications, or may establish a fee for such use.
('81 Code, § 12.24.050)
(B) Contents. The application must contain the name or names of the person or persons, group or organization who wish to be in or otherwise use any city park or recreation ground, the number of persons who must be in or use the park, the name of the park to be occupied, the reason for such use, the specific activities to take place and the hours of use. ('81 Code, § 12.24.060)
(C) Decision of City Council.
(1) The City Council may grant the application of any applicant if, in its discretion, it finds that the use of public park or recreation ground owned or operated by the city between the hours of 10:00 p.m. and 7:00 a.m. is in the best interests of the citizens of the city and will not unduly disturb the residents immediately adjoining the park.
(2) The decision of the City Council shall be final.
('81 Code, § 12.24.070) (Ord. 679, passed - -77; Am. Ord. 1125, passed 11-8-04)
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