HomeMy WebLinkAbout110627-08.2 ADMINISTRATIVE STAFF REPORT 8.2
TO: Mayor and Town Council November 6, 2024
SUBJECT: Ordinance No. 2024-10, repealing the existing Chapter 13 of the Danville
Municipal Code and adding a new Chapter 13 regarding Parks and
Community Facilities
BACKGROUND
In 1991, the Town adopted Ordinance No. 91-13, the Town’s first comprehensive set of rules
and regulations for the use of Town parks and facilities, found in Chapter 13 of the
Municipal Code. With a couple of minor amendments, the Chapter has not been reviewed
by the Town Council or amended since that 1991 adoption. While most of the ordinance
continues to be relevant, there have obviously been significant changes in our parks and
facilities as well as new uses in our parks in the past 33 years. Based on that, Town staff
determined it was appropriate to conduct a comprehensive review and update. The
attached draft ordinance incorporates input from the Recreation, Maintenance and Police
departments addressing issues they have all encountered over the years. The Parks,
Recreation & Arts Commission also reviewed the draft ordinance and recommended the
addition of a few provisions.
DISCUSSION
In order to more easily review the proposed changes to the code, the draft ordinance is
presented in both a clean version for adoption (Attachment A) and a redline/strikeout
format (Attachment B). In general, the proposed changes fall into three categories: deleting
provisions that are no longer relevant; adding provisions to address new uses or issues; and
modernizing and simplifying existing language. The following is a summary of the
changes:
•Deleting provisions that are no longer relevant. Examples include:
o References to the Hap Magee JPOC, a board which was eliminated when the
County and Town modified the management structure for the park
o References to state laws which no longer exist, such as provisions of the
Penal Code that have been repealed
o References to grazing in Town parks
o References to selling beer or wine in a Town park. Certain rentals in Town
facilities are allowed to do so, but never in the parks.
Parks Ordinance Update 2 November 6, 2024
•Adding provisions for new uses or restrictions. Examples include:
o Modifying the restriction on dogs being off leash to clarify that it does not
apply within any dog park created by the Town
o Modifying the existing restriction on bicycles in parks to both acknowledge
the existence of e-bikes and motorized scooters and specifically prohibit
them within designated playground areas (the Parks, Recreation & Arts
Commission discussed, but did not include, a speed limit of 15 MPH for
bikes in parks and on Town trails)
o Adding references to sidewalk vendors and food trucks and establishing
rules for them
o Codifying the existing administrative regulation prohibiting
unaccompanied adults being on park playgrounds and specifying that
violation of this section would be a misdemeanor rather than an infraction.
•Modernizing and simplifying existing language. Examples include:
o Providing a more specific description of the types of commercial activities
regulated in our parks and specifically referencing private lessons and
classes in parks
o Providing a description of prohibited behavior on bikes rather than simply
requiring compliance with the Vehicle Code (see above for other changes to
this section)
o Providing a description of what level of noise is prohibited rather than
simply referring to the Town’s noise ordinance, which contains a number of
potentially applicable standards.
PUBLIC CONTACT
Notice of this hearing was published in a newspaper of general circulation. Posting of the
meeting agenda serves as notice to the general public. The draft ordinance was reviewed
by the Parks, Recreation & Arts Commission at their meeting of October 9, 2024.
FISCAL IMPACT
None.
Parks Ordinance Update 3 November 6, 2024
RECOMMENDATION
Introduce and read by title only Ordinance No. 2024-10, repealing the existing Chapter 13
of the Danville Municipal Code and adding a new Chapter 13 regarding Parks and
Community Facilities and return for second reading on November 19, 2024.
Prepared by:
Robert B. Ewing
City Attorney
Attachments: A-Ordinance No. 2024-10 (clean version)
B-Ordinance No. 2024-10 (redline/strikeout version)
ORDINANCE NO. 2024-10
REPEALING THE EXISTING CHAPTER 13 OF THE DANVILLE MUNICIPAL
CODE AND ADDING A NEW CHAPTER 13 REGARDING PARKS AND
COMMUNITY FACILITIES
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING CHAPTER 13 OF THE DANVILLE MUNICIPAL CODE.
The existing Chapter 13 of the Danville Municipal Code is hereby repealed in its
entirety.
SECTION 2. ADDING A NEW CHAPTER 13 TO THE DANVILLE MUNICIPAL
CODE.
A new Chapter 13 is hereby added to the Danville Municipal Code to read as follows:
PARKS AND COMMUNITY FACILITIES
13-1 DEFINITIONS.
For purposes of this chapter the following words and phrases shall have the definitions
set forth herein, as follows:
a.Adult shall mean an individual who is 18 years of age or older.
b.Camp or camping shall mean to pitch, erect or occupy space for the purpose of, or
in a way that facilitates, outdoor sheltering or living accommodation purposes or for
remaining outdoors overnight.
c.Child shall mean in individual who is 12 year of age or younger.
d.Director shall mean the Director of the Town of Danville’s Recreation, Arts and
Community Services Department.
e.Facility or community facility shall mean any park, recreational area, or building
owned and managed, controlled or operated by the Town.
f.Fee facility shall mean 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.
g.Open space shall mean 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.
h.Park shall mean 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
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ATTACHMENT A
PAGE 2 OF ORDINANCE NO. 2024-10
the Town of Danville and Contra Costa County, and which is maintained by the Town
of Danville.
i.Permit shall mean a permit issued by the Director or the Director’s designee
which shall contain the following information:
1.The name of the person or organization to whom the permit is issued;
2.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.
j.Park playground shall mean any area of a Town owned park, including Hap
Magee Ranch Park, which has been designated by the Director as a children’s
playground and on which clear and visible signage has been posted providing notice of
the status as a children’s playground and the prohibition set forth in section 13-2.3 of
this code.
k.Picnic area shall mean an area within a park which contains picnic tables and
which is regularly used as a place for picnics.
l.Town shall mean Town of Danville.
13-2 USE RESTRICTIONS.
13-2.1 Hours.
a.Parks shall be open for public use from dawn to dusk and shall be closed at all
other times, except as otherwise permitted or limited by the Director in cases such as
lighted ballfields or uses with more restricted hours.
b. The Director 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.
13-2.2 Hazardous Activities.
a.The Director may determine that certain types of activities or events create a risk
of danger to parks, users or community facilities. The Director 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.
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PAGE 3 OF ORDINANCE NO. 2024-10
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 Director 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.
13-2.3 Prohibitions.
a.Amplified Sound. No one shall operate any sound amplification equipment at a
volume that that is plainly audible at a distance of fifty feet (50’) in any park without a
valid permit issued by the Director.
b.Large Gatherings. The Director 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 build, light or maintain in any park any outdoor fire except for a
fire maintained in a regulation park fire pit or park barbecue, unless authorized
by a permit issued by the Director
2.No person who builds, lights or maintains any fire in any park shall not leave
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, 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 Director.
e.Guns and Dangerous Instruments. No person, other than peace officers in the
discharge of their duties, shall have in their possession in any park or community
facility any firearm, , bow and arrows, , sling shot, air or gas weapon or any other
weapon potentially dangerous to human safety or wildlife.
f.Motorized Boats and Planes. No person shall operate in any park or community
facility any airborne or waterborne boat, plane, drone, rocket or missile, without the
written permission of the Director.
g.Hunting, Injuring Park Wildlife; Animals and Pets in Parks.
1.No person 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 Director. 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 Director
(although this practice is strongly discouraged for the overall health of the birds).
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 shall be in force in all parks. Children under twelve (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.
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PAGE 4 OF ORDINANCE NO. 2024-10
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 damage, remove or destroy any tree, plant or plant material
from or within any park without the permission of the Director.
h.Dogs. With the exception of areas designated as dog parks, 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.
1.The Town may designate areas of any Town park as a dog park, in which dogs
may be allowed off leash within the limits of the area so designated.
2.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.
3.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.
4.The provisions of paragraphs 2 and 3 above shall not apply to any person using a
“seeing eye” or guide dog
i.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
Director by the placement of appropriate signs.
j.Golfing. No person in a park or community facility shall golf, including but not
limited to chipping, putting, driving or otherwise practicing golf.
k.Commercial Activities. No person shall: (a) sell any goods or services; (b) conduct
or maintain any show, performance, concert, place of amusement or exhibition; or (c)
conduct private lessons or classes unless such person has received the prior written
permission of the Director. This section shall not apply to sidewalk vendors as defined
in and licensed pursuant to Chapter 5-9 of this Code nor to concessionaires of the Town
or to persons acting under a lease, license or special permit issued by the Town.
l.Smoking. Smoking and vaping shall be prohibited in all parks, facilities and
buildings owned or maintained by the Town of Danville.
m.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 twenty-one (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.
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PAGE 5 OF ORDINANCE NO. 2024-10
3.Beer and wine shall not be sold in parks. Beer and wine may be sold in
community facilities with approval of the Director and with a one (1) day license
from the Alcohol Beverage Control Board.
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.
n.Vehicles in Parks.
1.No person, except for peace officers and Town employees acting in the course
and scope of their employment, shall drive any motorized vehicle onto any park
grounds except by permit issued by the Director. Violation of this paragraph
shall constitute a misdemeanor, and a public offense authorizing the
impoundment of the motor vehicle used in the commission of the offense. 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. Food trucks operating with a permit may not use more than one parking space.
o.Bicycles, E-bikes and motorized scooters. No person shall ride or operate a bicycle, e-
bike or motorized scooter in a negligent, unsafe or reckless manner, or in any way that
endangers the life, limb or property of any person in a Town park or trail. Bicycles, e-
bikes and motorized scooters are prohibited in park playground areas.
p.Yard Clippings or Garbage. No person shall place or dump any grass clippings, tree
or shrub pruning, rubbish, garbage 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.
q.Advertising. No person shall place or affix any handbill, circular, pamphlet or
advertisement to any tree, fence, shrub or structure in any park.
r.Graffiti. No person shall destroy, mar, spoil, deface, or mutilate any park property by
means of painting, carving, writing, or otherwise.
s.Structures. No structure shall be erected or placed in any park or open space other
than by permit issued by the Director.
t.Adults not accompanying children 12 and under prohibited from park playgrounds.
1.No adult shall be present on any Town park playground unless the adult is
accompanying a child age 12 and under, lawfully under their custody or control,
who is using the playground.
2. Any person who violates this subsection shall be guilty of a misdemeanor.
SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
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PAGE 6 OF ORDINANCE NO. 2024-10
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on November 6, 2024, and approved and
adopted by the Danville Town Council at a regular meeting held on November 19, 2024,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________
CITY ATTORNEY CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2024-10 of said Town and that said
ordinance was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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ORDINANCE NO. 2024-0910
REPEALING THE EXISTING CHAPTER 13 OF THE DANVILLE MUNICIPAL
CODE AND ADDING A NEW CHAPTER 13 REGARDING PARKS AND
COMMUNITY FACILITIES
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING CHAPTER 13 OF THE DANVILLE MUNICIPAL CODE.
The existing Chapter 13 of the Danville Municipal Code is hereby repealed in its
entirety.
SECTION 2. ADDING A NEW CHAPTER 13 TO THE DANVILLE MUNICIPAL
CODE.
A new Chapter 13 is hereby added to the Danville Municipal Code to read as follows:
PARKS AND COMMUNITY FACILITIES
13-1 DEFINITIONS.
For purposes of this chapter the following words and phrases shall have the definitions
set forth herein, as follows:
a.Adult shall mean an individual who is 18 years of age or older.
b.Camp or camping shall mean to pitch, erect or occupy space for the purpose of, or in
a way that facilitates, outdoor sheltering or living accommodation purposes or for
remaining outdoors overnight.
c. Child shall mean in individual who is 12 year of age or younger.
cDaylight shall mean any time from one (1) hour before sunrise to one (1) hour after
sunset.
d.Director shall mean the Director of the Town of Danville’s Recreation, Arts and
Community Services Department.
bd. Facility or community facility shall mean any park, recreational area, or building
owned and managed, controlled or operated by the Town.
ce. Fee facility shall mean 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.Joint Planning and Operations Committee (JPOC) shall mean the committee
consisting of two (2) appointees from Contra Costa County Service Area
R7-A, two (2) appointees from the Town’s Parks and Leisure Services
Commission and one (1) member selected unanimously by the JPOC. The
Committee shall oversee the development and use of the Alamo/Danville
ATTACHMENT B
PAGE 2 OF ORDINANCE NO. 2024-09
operated Hap Magee Ranch Park and recommend use policies to the
respective government bodies. Due to the unique nature of this park,
special use provisions may be implemented.
ef. Manager shall mean the Director of the Town of Danville’s Community Services
Department.
fg. Open space shall mean 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.
gh. Park shall mean 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.
hi. Permit shall mean a permit issued by the Manager Director or the Manager’s
Director’s designee which shall contain the following information:
1.The name of the person or organization to whom the permit is issued;
2.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.
j.Park playground shall mean any area of a Town owned park, including Hap Magee
Ranch Park, which has been designated by the Director as a childrens
playground and on which clear and visible signage has been posted
providing notice of the status as a childrens playground and the
prohibition set forth in section 13-2.3 of this code.
i.Picnic area shall mean an area within a park which contains picnic tables and which
is regularly used as a place for picnics.
j.Town shall mean Town of Danville.
13-2 USE RESTRICTIONS.
13-2.1 Hours.
a.Parks shall be open for public use during daylight hours from dawn to dusk and
shall be closed at all other times, except as otherwise permitted or limited
by the Manager Director in cases such as lighted ballfields or uses with
more restricted hours.
b.The Manager Director 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.
PAGE 3 OF ORDINANCE NO. 2024-09
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.
13-2.2 Hazardous Activities.
a. The Manager Director may determine that certain types of activities or events
create a risk of danger to parks, users or community facilities. The
Manager Director 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 Director 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.
13-2.3 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 that is plainly audible at a distance of fifty feet
(50’) in any park without a valid permit issued by the ManagerDirector.
b. Large Gatherings. The Manager Director 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 build, light 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, unless authorized by a permit issued by the Director.
2. No person who kindles builds, lights or maintains any fire in any park shall not
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
PAGE 4 OF ORDINANCE NO. 2024-09
parking lot of any such area, without the written permission of the
ManagerDirector.
e. Guns and Dangerous Instruments. No person, except those persons listed in
California Penal Code Section 12031 (b) and 12031 (c)other than peace
officers in the discharge of their duties, shall have in his/hertheir
possession in any park or community facility any firearm, dangerous
weapon, bow and arrows, firearm, sling shot, air or gas weapon or any
other weapon potentially dangerous to human safety or wildlife.
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, drone, any rocket or
missile, without the written permission of the ManagerDirector.
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 ManagerDirector. 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
ManagerDirector (although this practice is strongly discouraged for the
overall health and welfare of the birds).
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 shall be in force in all parks. Children under twelve (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 or within any park without the permission of the
ManagerDirector.
h. Dogs. With the exception of areas designated as dog parks, Nno 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”:
PAGE 5 OF ORDINANCE NO. 2024-09
1. The Town may designate areas of any Town park as a dog park, in which dogs
may be allowed off leash within the limits of the area so designated.
2.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.
23. 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.
34. 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.
45. The provisions of paragraphs 2 and 3 above shall not apply to any disabled
person when the person’s disability requires ausing a “seeing eye” or
guide 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 Director 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.
l. 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. No person shall: (a) sell any goods or services; (b) conduct or
maintain any show, performance, concert, place of amusement or
exhibition; or (c) conduct private lessons or classes unless such person has
received the prior written permission of the Director. This section shall not
apply to sidewalk vendors as defined in and licensed pursuant to Chapter
5-9 of this code nor to 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.
m. Smoking. Smoking and vaping shall be prohibited in all parks, facilities and
buildings owned or maintained by the Town of Danville.
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.
PAGE 6 OF ORDINANCE NO. 2024-09
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 twenty-one (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 Beer and wine may be sold in
community facilities with approval of the Director and without a one (1)
day license from the Alcohol Beverage Control Board. For events where
admission is charged and alcohol served, a one (1) 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
ManagerDirector. Violation of this paragraph shall constitute a
misdemeanor, and a public offense authorizing the impoundment of the
moteor vehicle used in the commission of the offense. 1 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. Food trucks operating with a permit may not use more than one parking space.
q. 3. Bicycles, E-bikes and motorized scooters. All sections of this Code and the State
Vehicle Code pertaining to the use and maintenance of bicycles shall be
enforced in Town parks. No person shall ride or operate a bicycle, e-bike
or motorized scooter in a negligent, unsafe or reckless manner, or in any
way that endangers the life, limb or property of any person in a Town
park or trail. Bicycles, e-bikes and motorized scooters are prohibited in
park playground areas.
qr. Yard Clippings or Garbage. No person shall place or dump any grass clippings, tree
or shrub pruning, rubbish, garbage 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.
rs. Advertising. No person shall place or affix any handbill, circular, pamphlet or
advertisement to any tree, fence, shrub or structure in any park.
st. Graffiti. No person shall destroy, mar, spoil, deface, or mutilate any park property
by means of painting, carving, writing, or otherwise.
PAGE 7 OF ORDINANCE NO. 2024-09
tu. Structures. No structure shall be erected or placed in any park or open space other
than by permit issued by the ManagerDirector.
v. Adults not accompanying children 12 and under prohibited from park playgrounds.
1. No adult shall be present on any Town park playground unless the
adult is accompanying a child age 12 and under, lawfully under their
custody or control, who is using the playground.
2. Any person who violates this subsection shall be guilty of a
misdemeanor.
SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on November 6, 2024, and approved and
adopted by the Danville Town Council at a regular meeting held on November 19, 2024,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________
CITY ATTORNEY CITY CLERK
PAGE 8 OF ORDINANCE NO. 2024-09
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2024-09 of said Town and that said
ordinance was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville