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HomeMy WebLinkAbout91-13 ORDINANCE NO. 91 - 13 AN ORDINANCE OF THE TOWN OF DANVILLE ESTABLISHING REGULATIONS REGARDING THE USE OF PARKS AND COMMUNITY FACILITIES THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS: SECTION ONE. Chapter XIII (Parks and Recreation Areas) of the Danville Municipal Code is hereby repealed in its entirety and is hereby replaced by a new Chapter XIII (Parks and Community Facilities) to read as follows: Article 1. DEFINITIONS Section 13-1.1 Definitions. For purposes of this chapter the following words and phrases shall have the definitions set forth herein, as follows: a. DAYLIGHT. "Daylight" means any time from one hour before sunrise to one hour after sunset. b. FACILITY OR COMMUNITY FACILITY. "Facility" or "Community Facility" means any Park, recreational area, or building owned and managed, controlled or operated by the Town. c. FEE FACILITY. "Fee Facility" means a building, structure, or park amenity which may be rented and reserved for the exclusive use of individuals or groups and for which a fee has been established by Town Council Resolution. d. MANAGER. "Manager" means the Manager of the Town of Danville's Department of Parks and Recreation. e. OPEN SPACE. "Open Space" means lands managed by the Town of Danville left in their natural, undeveloped state to promote the scenic and aesthetic beauty, and used for the preservation of natural resources and outdoor recreation. f. PARK. "Park" means all open spaces, parks, school-parks, recreation areas, roadside greenways, and trails owned and maintained or under the care and supervision of the Town. This definition shall include Hap Magee Ranch Park, which is jointly owned by the Town of Danville and the Contra Costa County Public Facilities Corporation, and which is jointly maintained by the town of Danville and Contra Costa County Service Area R-7A. g. PERMIT. "Permit" means a permit issued by the Manager or the Manager's designee which shall contain the following information: 1. the name of the person or organization to whom the permit is issued; the name of the Park or facility and/or the identification of the activity to which the permit applies; 3. effective date(s) and times of the permit; and such other administrative information as may be necessary. h. PICNIC AREA. "Picnic Area" means an area within a Park which contains picnic tables and which is regularly used as a place for picnics. i. TOWN. "Town" means Town of Danville. Article Z. USE RESTRICTIONS Section 13-1.2 Hours. a. Parks shall be open for public use during Daylight hours and shall be closed at all other times, except as otherwise permitted by the Manager in cases such as lighted ballfields. b. The Manager may exclude members of the general public or individuals or groups from Parks or Community Facilities, or portions of such Parks or Community Facilities, where such exclusion is necessary to protect public property or the public health, safety or welfare. c. Whenever any area of any Park or Community Facility has been reserved for exclusive use of a person or group of persons, that area may be posted and closed to the use of all other persons not associated with that exclusive use. d. It shall be unlawful, and punishable as an infraction, for any person to enter or remain in any Park during the hours it is closed. e. Any person who remains in any closed Park or any area of any closed Park after being advised by a police officer that it is closed and who refuses to leave shall be guilty of a misdemeanor, and subject to arrest. Section 13-1.3 Hazardous Activities a. The Manager may determine that certain types of activities or events create a risk of danger to Parks, users or Community Facilities. The Manager may issue such regulations as are necessary to prohibit such activities or events within Parks or Community Facilities or to restrict their occurrence to specific locations within a given Park or Community Facility. b. Whenever any activity is restricted or prohibited in specified areas of any Park or Community Facility, or whenever the use of specified areas is restricted or prohibited, the Manager may cause signs to be posted notifying the public of such restrictions or prohibitions. Failure to obey the restrictions stated in any properly posted sign shall be an infraction. 2 Section 13-1.4 Prohibitions 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 ~hall b~ in forc~ in all Parks. Children under 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 subsection 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. 1. 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. 4 m. Smoking: No person shall ignite or smoke any tobacco or tobacco product or any other material on any Park area designated by the Manager as a fire hazard area, or in any area where risk of fire is substantial, whether such area has been posted or not. Smoking in public buildings is prohibited. 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 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 day license from the Alcohol Beverage Control Board. For events where admission is charged and alcohol served, a one 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.1 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 section shall constitute a misdemeanor, and a public offense authorizing the impoundment of the motor vehicle used in the commission of the offense.2 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 5 ? 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. SECTION TWO. SEVERABILITY. The Town Council declares that every section, paragraph, sentence, clause and phrase hereof are severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. SECTION THREE. CODIFICATION. Only Section One hereof shall be codified in the Danville Municipal Code. The foregoing Ordinance was first read and introduced on July 2, 1991 and approved and adopted by the Danville Town Council at a Regular Meeting on 3uly 16 , 19 91 , by the following vote: AYES' GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY NOES · NONE ABSTAINED: NONE ABSENT: NONE EXCUSED** NONE '~7~-~F-z-~-~f~~~ MAYOR 1.See California Business and Professions Code, Section 25608 2.See California Vehicle Code, Section 22655.5