Park Ordinances

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12.04.010 Definitions.
12.04.020 Authority and enforcement.
12.04.030 Peace officer.
12.04.040 Entry to activities.
12.04.050 Powers of use and park closure.
12.04.060 Use of city equipment by noncity groups.
12.04.070 Exclusion from city areas or facilities.
12.04.080 Exceptions.
12.04.090 Liability.
12.04.100 Damage to buildings, facilities and equipment.
12.04.110 Vandalism.
12.04.120 Security.
12.04.130 Disturbing the peace (as defined in the California Penal Code, Section 415).
12.04.140 Application for use.
12.04.150 Priority of use.
12.04.160 Revocation of permit.
12.04.170 Right of appeal.
12.04.180 Permit.
12.04.190 Extended usage.
12.04.200 Fees and deposits.
12.04.210 Use of parks.
12.04.220 Use of recreation centers, picnic facilities and athletic fields.
12.04.230 Rental periods.
12.04.240 Setup.
12.04.250 Decorations.
12.04.260 Sales for profit and solicitation.
12.04.270 Overnight camping.
12.04.280 Fire.
12.04.290 Amplified sound.
12.04.300 Hot air balloons, hang gliders, sky divers.
12.04.310 Model airplanes, boats, cars or model rockets.
12.04.320 Golf.
12.04.330 Dumping.
12.04.340 Animals.
12.04.350 Smoking.
12.04.360 Trespassing.
12.04.370 Motor vehicles and parking.
12.04.380 Posted property.
12.04.390 Alcoholic beverages.
12.04.400 Flora and turf.
12.04.410 Litter, rubbish and glass containers.
12.04.420 Throwing missiles.
12.04.430 Firearms and weapons.
12.04.440 Hunting.
12.04.450 Fireworks and dangerous objects.
12.04.460 Interference.
12.04.470 Compliance.
12.04.480 Violation--Penalty.

12.04.010 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Alcoholic beverage" means alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or combined with other substances.

"Amplified sound" means sound projected and transmitted by electronic equipment, including amplifiers.

"Amplified speech" means speech projected and transmitted by electronic means.

"Buildings" means those structures or any portion thereof under the management of the city and made available for the use of permittees, including parking areas.

"City" means the city of Lancaster.

"City manager" means the city manager of the city of Lancaster, or a designated representative to act in his/her place.

"Designated representative" means a person appointed by the city manager or the city council to act as a representative.

"Director" means the director of the city of Lancaster parks, recreation and arts department or a designated representative to act in his/her place.

"Facilities" or "area" means city-owned or leased property, improved or unimproved city park and park amenities.

"Parks" means all grounds, roadways and lands acquired by the city or any area thereof which is controlled by the city.

"Permit" means a document that authorizes use of parks, equipment or building as provided for and defined within city ordinances.

"Persons" means individuals, groups, organizations, associations, partnerships, firms and corporations.

"Section" means a section of this part unless some other statute or policy is specifically identified.

"Shall" means mandatory; "may" means permissive. (Prior code § 4-1.68)

12.04.020 Authority and enforcement.
The elected city council authorizes the city manager to implement and administer the policies, ordinances and regulations contained therein. Whenever a power is granted to or a duty imposed on the city manager, the powers may be exercised or the duty performed by a designated representative of the city manager, unless this policy expressly provides otherwise. The city manager shall enforce the provisions of this part. (Prior code § 4-1.69)

12.04.030 Peace officer.
City and Los Angeles County employees who are certified peace officers shall have the authority to warn, evict, arrest and cite persons who violate any provisions of the city ordinance. City and county peace officers shall carry proper identification. (Prior code § 4-1.70)

12.04.040 Entry to activities.
The city manager, or a duly authorized representative, may enter any park area or recreation facility at any time to inspect the premises for safety, compliance of use, hazards, or other reasons deemed necessary by the city. (Prior code § 4-1.71)

12.04.050 Powers of use and park closure.
A. Hours. The use of all public parks and recreation areas within the city limits is prohibited without a permit from the hours of eleven (11) p.m. to six a.m.

B. Park Closure. The city manager, or a duly authorized representative, may close a park area or recreation facility at any time there is an apparent danger to the persons using the property itself, or for any cause which would provide for the safety and protection of the public. This section may be enforced without concurrence of those individuals or groups involved in the use of the parks. Remaining in an area closed by the city manager or authorized representative is prohibited. (Prior code § 4-1.72)

12.04.060 Use of city equipment by noncity groups.
City equipment is provided for the express purpose of carrying out the city functions. Requests received from noncity local groups or organizations for the use of city equipment shall be made in writing to the city. Such requests may be granted by the city manager provided that such use does not interfere with city operations. Appropriate fees may be charged. (Ord. 724 § 6, 1996; prior code § 4-1.73)

12.04.070 Exclusion from city areas or facilities.
When in the interest of public health, safety or welfare, it is determined that it is in the best public interest to exclude persons or groups from any city area and/or facility, such action may be taken by the city manager, or his designated representative, subject to appeal to the city council. (Prior code § 4-1.74)

12.04.080 Exceptions.
The provisions of this chapter do not apply to the operation of city-owned or operated vehicles or personnel who engage in official city business. (Prior code § 4-1.75)

12.04.090 Liability.
All persons to whom a use permit is granted must agree in writing to hold the city harmless and indemnify city from any and all liability for injury to persons or property occurring as the result of the activity sponsored by permittee, and said persons shall be liable to the city for any and all damages to parks, equipment and buildings owned or controlled by city which result from the activity or permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his own risk without liability on the part of the city for any injury to persons or property resulting therefrom.

When an association or organization which carries public liability insurance requests the use of city facilities, or when the city is involved with scheduling and/or coordinating their activities, a certificate of co-insurance naming the city as an additional insured must be filed with the city five days prior to the first day of use of facilities involved. The city may require proof of liability insurance with limit of bodily injury and property damage of not less than one million dollars ($1,000,000.00) and a certificate of co-insurance for any group when it is determined that the planned activity is judged to be other than a low risk activity. (Prior code § 4-1.76)

12.04.100 Damage to buildings, facilities and equipment.
Individuals or groups causing damage to any building, grounds, fixtures, furniture or appurtenance shall be required to reimburse the city for all costs involved to restore the building, grounds, fixtures, furniture or appurtenance to its original condition. Such individuals or groups shall be subject to refusal of use in the future. (Prior code § 4-1.77)

12.04.110 Vandalism.
Persons causing vandalism, or parents of persons under the age of eighteen (18), will be held financially responsible for the full amount of damages, or the maximum allowed under the California Civil Code, Sections 1714.1 and 1714.3 or subsequent sections. All provisions of the California Penal Code, Section 594, referring to malicious mischief, are applicable. (Prior code § 4-1.78)

12.04.120 Security.
To ensure proper use and control of facilities and equipment, a security guard may be required when an event is the major use of a facility. Additional security measures may be required to protect the general public and city property. (Prior code § 4-1.79)

12.04.130 Disturbing the peace (as defined in the California Penal Code, Section 415).
It is unlawful for a person to do any of the following within a park:

A. Fight or challenge another person to fight;

B. Use offensive words which are likely to incite imminent lawless action;

C. Maliciously and wilfully disturb another person by loud and unreasonable noise, provided however, where the noise is a result of communications made in a loud manner, the communication shall be unlawful only where it is likely to incite imminent lawless action, or where the communication is not intended as such but is merely a guise to disturb persons. (Ord. 699 § 1, 1995: prior code § 4-1.80)

12.04.140 Application for use.
A. The city manager shall reserve the right to grant or deny all applications for the use of parks or buildings within the city. Unless waived by the city manager, all applications for use of city parks or buildings shall be signed by an adult twenty-one (21) years of age or over who shall be responsible for compliance with the terms of the permit.

B. Requests for use shall be made a minimum of fourteen (14) days and a maximum of six months prior to the date of requested use. Exception: Alcoholic beverage permits must be made in person a minimum of ninety (90) days prior to the event.

C. Denial of an application shall be based on the following criteria:

1. When a building or a park with the required capacity for the proposed activity is not available;
2. Refusal by an applicant to agree in writing to conditions of the permit;
3. Failure of an applicant to file an application in sufficient time for administrative review;
4. The failure to provide the required number of personnel to properly police and protect the activity and other users of the facility or area due to the size or nature of proposed activity;
5. The filing of more than one application for the same facility at the same time. Under these circumstances, the city manager will give consideration to the application first received and the schedule of priority classification;
6. When usage of facility may damage, destroy or detract from the city property and/or cause harm, injury, discomfort or displeasure to the other persons in or near the park;
7. Record of applicant or event not complying with regulations of this chapter. (Prior code § 4-1.81)

12.04.150 Priority of use.
A. Use of facilities is based on priority ranking. Groups ranked at a low priority may be subject to rescheduling with thirty (30) days' written notice; in that event, the city will attempt to relocate the group to another city facility.

B. Group priority rating shall be as follows:

1. City of Lancaster and city parks, recreation and arts department sponsored activities;
2. Other governmental agency meetings open to the public;
3. Youth, family or adult community recreation activities open to the general public, sponsored or conducted by recognized community organizations;
4. Groups conducting recreation activities open to only their own members (closed meetings);
5. Nonrecreation use, service organizational meetings, or restricted activities not open to the general public;
6. Religious, sectarian or political groups;
7. Commercial use for financial gain;
8. Out-of-city groups (fifty-one (51) percent of participants do not reside or work within the city limits). (Prior code § 4-1.82)

12.04.160 Revocation of permit.
Permit may be revoked if any terms or conditions of the permit are violated by the permittee or any agent or employee of the permittee. Said permit may be revoked by the city manager with or without notice to the persons to whom the permit was issued. (Prior code § 4-1.83)

12.04.170 Right of appeal.
An applicant may appeal the decision of a city representative regarding park and building permits. The applicant must file such appeal through the following appeal process: first, appeal through the director; second, appeal through the city manager; third and final appeal is made to the city council following the uniform appeal procedure. (Prior code § 4-1.84)

12.04.180 Permit.
The application for a permit shall include, but not be limited to, the following information:

A. Name of the applicant, the sponsoring organization(s), and name of the person in charge of the proposed activity;

B. Address and telephone number of applicant(s);

C. Park or building being applied for and the area involved;

D. Starting time of the proposed activity;

E. Finishing time of the proposed activity;

F. Number of persons expected;

G. Additional city personnel or items requested, such as tables, chairs, and associated equipment;

H. Nature of the proposed activity or activities, including equipment and vehicles to be brought into the park, duration and nature of the use of any amplified sound whether sound, or speech;

I. Fees charged and moneys collected;

J. Individual(s) who will receive moneys collected and purpose for money;

K. Notice of requirement of certificate of co-insurance for public liability, in the form of attachment to application, if required. (Prior code § 4-1.85)

12.04.190 Extended usage.
Facility usage may be granted for a maximum of six months. Requests for facility usage exceeding six months are subject to administrative approval and will be reviewed each six months for compliance to the city priority schedule. Scheduled groups may be subject to cancellation upon thirty (30) days' notice. When cancellation is necessary, the city will attempt to relocate the activity. (Prior code § 4-1.86)

12.04.200 Fees and deposits.
Fees and deposits may be levied to offset city expenses incurred in providing services. Basic rates for use of facilities are established by resolution adopted by the city council and are subject to change by the city council. (Prior code § 4-1.87)

12.04.210 Use of parks.
The city's reservable areas may be made available for the use of persons and groups subject to the issuance of a permit and the payment of fees therefor. Use of any park for pre-advertised assemblies may not be made without the issuance of a permit. All applications for use of any park must be signed by an adult twenty-one (21) years of age or over who shall agree to be responsible for said exclusive use. (Prior code § 4-1.88)

12.04.220 Use of recreation centers, picnic facilities and athletic fields.
Recreation centers, reservable picnic facilities, and athletic fields within the city's parks, are available for the use of persons and groups subject to the issuance of permit and payment of fees thereof. All applications for use must be signed by an adult twenty-one (21) years of age or over who shall agree to be responsible for said use. No use permit shall be granted if there is a conflict with a prior reservation.

A. Any request which will place a major impact on a given facility will be subject to the city review process. "Major impact" is defined as any activity that impedes the normal use of more than one area of any city facility. All requests are subject to city priority ranking classification (Section 12.04.150). The city reserves the right to cancel a permit or application for a permit upon one week's notice.

B. Applications are immediately revocable if false statements are made in reserving a facility, or if the individual or group wilfully violates any rule or regulation established by the city. Applicants shall be responsible for the condition in which they leave city premises. If city property has been damaged or abused beyond normal wear, applicants shall be responsible for reasonable costs to replace, repair or clean such property.

C. Persons or groups may use any designated reservable or nonreservable facility of any part on a first come, first served basis; however, such groups must vacate any reserved facility at the time a permitted group arrives. Individual picnic tables are available on a first come, first served basis in all nonreservable areas.

D. No use permit shall be granted for any reservable field before eight a.m. nor beyond one hour before sunset unless the park has appropriate lighting.

E. City personnel will open and close buildings and may be on duty to supervise the use of the facility. (Prior code § 4-1.89)

12.04.230 Rental periods.
Minimum building rental periods are based on three-hour increments. The time indicated on the application will reflect the actual facility use time which includes setup, decoration and clean up. Additional time beyond the three-hour block will be charged on an hourly rate. (Prior code § 4-1.90)

12.04.240 Setup.
Setup, breakdown and basic cleanup will be the responsibility of the group utilizing the facility. When city personnel are to be utilized for setup, finalized setup sheets must be submitted ten (10) days prior to the event. Changes after the final setup sheet is submitted shall be the responsibility of the user. (Prior code § 4-1.91)

12.04.250 Decorations.
Decorations of any building or on any structure are prohibited unless approval is obtained by the user from the city representative. (Prior code § 4-1.92)

12.04.260 Sales for profit and solicitation.
No permit shall be issued authorizing the use of any park or building thereof when the activity proposed is to be held for the sole purpose of advertising for sale any product, goods, wares, merchandise, services or event, that is designed to be held purely for private profit; distributing handbills or circulars or posting, placing or erecting any bills, notices, paper or advertising matter of any kind or conducting or soliciting for any trade, occupation, business or profession without first obtaining permission from the city. The city may authorize issuance of such permits on an annual basis for the conduct of such trade, occupation, business or profession when it is compatible with usual park activities and uses, is of convenience or benefit to the park patrons and does not conflict with the business of established concessions. The city manager shall charge a set fee or percentage of sale, fixed by the city council for such permits. A person shall not solicit in any manner or for any purpose, or offer for sale any goods, wares or merchandise, or give or distribute handbills, advertising matter or literature except under the following conditions:

A. When a concession is operating under lease or contract authorized by the city council;

B. When the park, or any portion thereof is the location for one event which will not in any way detract from the use of the park by the general public and the proceeds are used for charitable purposes, permission may be granted by the city manager;

C. When found by the city manager to be consistent with the policies of the city under conditions prescribed by the city;

D. When all necessary fees and deposits have been made. (Prior code § 4-1.93)

12.04.270 Overnight camping.
Overnight camping without a permit is prohibited.

A. Youth Groups. A permit may be issued to any youth group of a responsible nature allowing the members to camp overnight at a designated location in a park. The members of such group shall be supervised by an adequate number of responsible adults, twenty-one (21) years of age or older. The members of the group and/or adult supervisors in charge of a youth group shall comply with time, location and conditions specified in the permit. Said use shall not interfere with the use of the park or in any way be detrimental to the park.

B. Trailers, Campers and Motor Homes. Overnight parking of trailers, campers, or motor homes is prohibited on park property without a city permit. (Prior code § 4-1.94)

12.04.280 Fire.
Open fires in city parks without a permit are prohibited. No permit shall be issued without a fire permit from the fire department. (Prior code § 4-1.95)

12.04.290 Amplified sound.
Amplified sound, whether for speech, music, or otherwise, is prohibited without first obtaining a city permit. (Prior code § 4-1.96)

12.04.300 Hot air balloons, hang gliders, sky divers.
The operation or landing of hot air balloons, hang gliders and sky divers is prohibited in city parks without first obtaining a city permit. (Prior code § 4-1.97)

12.04.310 Model airplanes, boats, cars or model rockets.
The operation of motor-driven airplanes, boats, cars or model rockets is prohibited on park property except in designated areas and without first obtaining a city permit. (Prior code § 4-1.98)

12.04.320 Golf.
The use of golf clubs for playing or practicing is prohibited on park property except in designated areas and without first obtaining a city permit. (Prior code § 4-1.99)

12.04.330 Dumping.
Dumping rocks, soil, grass clippings, branches, leaves, equipment, vehicles, furniture, furnishings or accessories, or any other item or material is prohibited without first obtaining a city permit. (Prior code § 4-1.100)

12.04.340 Animals.
Dogs and cats are prohibited on park property unless kept on a leash at all times and under full control of the owner. The removal of feces of animals who defecate on park property is required of the owner or custodian of said animal. Horses, mules, goats, donkeys, or similar animals are not permitted on park property unless granted by permit of the city manager. No animal shall be allowed to graze or run at large within the boundaries of a city park. No animal shall be killed, harmed or removed from any park unless by a city employee during the performance of official duties. (Prior code § 4-1.101)

12.04.350 Smoking.
Smoking is prohibited in all city buildings where posted "No Smoking." (Prior code § 4-1.102)

12.04.360 Trespassing.
Trespassing into areas designated "No Trespassing" is prohibited. This includes, but is not limited to, rooms in city buildings or structures, swimming pools during specific posted hours, fenced control areas such as storage areas, shop areas, holding areas, construction sites, and all other areas posted for protection of property, health, safety or welfare or where damage to body and limb, equipment, fixtures or accessories or property may occur. (Prior code § 4-1.103)

12.04.370 Motor vehicles and parking.
Motorized vehicles shall not be operated or parked on city property except on designated roadways or within designated markings, without first obtaining a city permit. (Prior code § 4-1.104)

12.04.380 Posted property.
Motor vehicles shall not be operated over roads which are posted against public use or provided with closed gates. Motor vehicles shall not be operated over riding or hiking trails unless permission is posted. (Prior code § 4-1.105)

12.04.390 Alcoholic beverages.
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 area duly authorized by the city council and properly licensed. (Ord. 699 § 3, 1995: prior code § 4-1.107)

12.04.400 Flora and turf.
Removing or injuring any form of plant life on park property, including the removal of wood, turf, grass, soil, rock, sand and gravel is prohibited except by a duly authorized city employee or authorized contractor in the performance of his/her duties or unless specifically authorized by the director. (Prior code § 4-1.108)

12.04.410 Litter, rubbish and glass containers.
Carrying onto any park property any garbage, trash or other refuse is prohibited. Trash generated on the park must be deposited in provided trash receptacles or carried off the park property. Glass containers are prohibited. (Prior code § 4-1.109)

12.04.420 Throwing missiles.
Throwing missiles, mud, sand, or any object that may cause bodily harm to others is prohibited on park property. Objects safely and reasonably used in the course of recreational activities are exempt from this section. (Prior code § 4-1.110)

12.04.430 Firearms and weapons.
Possession or discharging of firearms, airguns, slingshots or bows and arrows is prohibited on park property including any portion of the riding and hiking trails. (Prior code § 4-1.111)

12.04.440 Hunting.
Hunting, shooting, wounding or capturing animals on park property is prohibited. (Prior code § 4-1.112)

12.04.450 Fireworks and dangerous objects.
The possession or firing of firecrackers, rockets, torpedoes or fireworks on park property is prohibited. (Prior code § 4-1.113)

12.04.460 Interference.
No person shall use, attempt to use or interfere with the use of any facility which is reserved for another person or group holding a permit issued from the city. (Prior code § 4-1.114)

12.04.470 Compliance.
No person shall enter, occupy or remain in any park or building of the city unless compliance with the appropriate regulations set forth in this chapter are adhered to. (Prior code § 4-1.115)

12.04.480 Violation--Penalty.
It is a misdemeanor for any person within an area owned or controlled by the city to knowingly and wilfully violate any provision of this chapter, the conditions of any permit issued pursuant hereto, or any rule or regulation relating to parks or buildings. (Prior code § 4-1.116)