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Chapter 12.08
DEFINITIONS
Sections:
12.08.010 Definitions generally.
12.08.020 Amplified sound.
12.08.030 Buildings.
12.08.040 Director of parks and recreation.
12.08.050 Nature preserve.
12.08.060 Parks.
12.08.070 Permit.
12.08.080 Persons.
12.08.010 Definitions generally.
The words and phrases set forth in Sections 12.08.020 through 12.08.080, 12.08.090 whenever used in Chapters 12.04 through 12.36, shall be construed as defined in this chapter.
12.08.020 Amplified sound.
“Amplified sound” means speech or music projected or transmitted by electronic equipment including amplifiers, loudspeakers, microphones, bull-horns or similar devices or combinations of devices which are intended to increase the volume, range, distance or intensity of speech or music and are powered by electricity, battery or combustible fuel.
12.08.030 Buildings.
“Buildings” includes those buildings, or any portions thereof, under the supervision of the department of parks and recreation made available to exclusive use permittees.
12.08.040 Director of parks and recreation.
“Director of parks and recreation” refers to the managing director of the department of parks and recreation or their designee.
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12.08.050 Nature preserve.
“Nature preserve” means an area providing relative safety and freedom from disturbance for indigenous species of flora and fauna.
12.08.060 Motorized Food Truck.
“Motorized Food Truck” means any motorized vehicle from which food or food products are sold, offered for sale, displayed, bartered, or exchanged, or otherwise given.
12.08.070 Parks.
“Parks” includes all grounds, roadways, avenues, parks, waterways, beaches and dikes under the supervision of the department of parks and recreation.
12.08.080 Permit.
“Permit” means a permit for exclusive use of parks or buildings as provided for and defined in Chapters 12.04 through 12.36.
12.08.090 Persons.
“Persons” includes persons, associations, partnerships, firms or corporations. 1 9
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Chapter 12.12
ADMINISTRATION AND ENFORCEMENT
Sections:
12.12.010 Park and building permits— Decision appeal.
12.12.020 Park and building permits—Fees and deposits.
12.12.030 Permittee’s liability.
12.12.040 Park and building permits— Violation a misdemeanor.
12.12.050 Enforcement.
12.12.060 Violation—Penalty.
12.12.010 Park and building permits— Decision appeal.
With respect to park and building permits, an applicant may appeal the decision of the director to the city council. Applicant must file the appeal with the city council within five days of the director’s mailing of such decision. The city council shall hold a hearing at the next meeting of the council following the filing of the appeal at the office of the city clerk, except that the hearing must be held within two weeks of the date of the filing of the appeal, at which time applicant may present any and all evidence, testimony and information relevant to the application. The city council shall within twenty-four hours of the appeal hearing issue its decision either affirming the denial of the application or directing the director of parks and recreation to issue a permit as applied for subject to the reasonable terms and conditions as outlined in Sections 12.16.040 through 12.16.070 or Sections 12.20.040 through 12.20.080. The decision of the city council shall be final and binding, and no further appeal shall be taken. The city council shall specify its grounds for denial.
12.12.020 Park and building permits—Fees and deposits.
Upon the granting of a permit under Chapters 12.04 through 12.36, any fees or deposits required for the use of city personnel, parks, buildings, equipment and facilities shall be contained in the permit and the fees or deposits shall be paid by the applicant within ten days of the receipt of the permit. If the fees or deposits are not paid within said ten days, the permit theretofore issued shall be null and void. Fees and deposits required shall be as stated in the city standards and guidelines for the use of parks and the city standards and guidelines for use of community buildings, Sections 12.16.080 through 12.16.180 and 12.20.090 through 12.20.190,
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respectively. Fees for special equipment and/or personnel unknown at time of application will be billed after the activity when computation thereof is accomplished.
12.12.030 Permittee’s liability.
All persons to whom an exclusive use permit has been granted must agree in writing to hold the city, and any other affected government entity harmless and indemnify same from any and all liability for injury to persons or property occurring as a result of the activity sponsored by the permittee, and said person shall be liable to the city or other applicable government entity for any and all damage to parks, facilities and buildings owned by same, which results from the activity of the permittee or is caused by any participant in the activity. A certificate of insurance shall be issued to the city, pursuant to the instructions and guidelines contained in Sections 12.16.160 and 12.20.170.
12.12.040 Park and building permits— Violation a misdemeanor.
Violation of any of the terms and conditions of the permit by the permittee, or any agent, servant or employee of the permittee, is a misdemeanor.
12.12.050 Enforcement.
The director and chief of police, or histheir authorized representative, including any designated city code enforcement officer or safety officer shall diligently enforce the provisions of Chapters 12.04 through 12.36, and shall have the authority to eject from any park or community building any person acting in violation of these rules and regulations; further, the chief of police, or their his authorized representative, or any designated code enforcement officer or safety officer shall have the authority to issue administrative citations pursuant to section 1.08.060, deny use of parks or community buildings, eject persons, and close parks and recreation buildings to individuals or groups who refuse to comply with these rules and regulations.
12.12.060 Violation—Penalty.
All persons entering parks or community buildings shall abide by the rules and regulations of the city, as provided in Chapters 12.04 through 12.36, and the instructions and directions of duly authorized employees of the city.
Any person violating, or any person, firm or corporation causing or permitting to be violated, any provision of Chapters 12.04 through 12.36 is guilty of a misdemeanor and upon conviction thereof is punishable by a fine 1 9
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not to exceed one hundred dollars or by imprisonment in the county jail for not to exceed one month, or both.
Violations of Chapters 12.04 and 12.36 may also be subject to an administrative citation pursuant to section
1.08.060 , and additionally shall be subject to any applicable federal, state, county or municipal statutes and the penalties imposed therein.
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Chapter 12.16
PARK USE
Sections:
12.16.010 Permit—Required.
12.16.020 Permit—Application—Filing.
12.16.030 Permit—Application—Contents.
12.16.040 Permit—Decision.
12.16.050 Permit—Grant conditions—Crowd control.
12.16.060 Permit—Grant for another location.
12.16.070 Permit—Denial.
12.16.080 Standards and guidelines—Intent.
12.16.090 Schedule of fees and charges.
12.16.100 Fees and charges—Decoration and clean-up time included.
12.16.110 Additional fees and charges.
12.16.120 Fees and charges—Increase for after-hours use—Minimum charge.
12.16.130 Fees and charges—Financial arrangements.
12.16.140 Caterer approval required.
12.16.150 Security deposit.
12.16.160 Liability insurance.
12.16.170 Permit—Decision appeal.
12.16.180 Reservations.
12.16.010 Permit—Required.
The city’s parks shall be made available for the exclusive use of persons and groups subject to the issuance of a permit by the director and subject to the payment of fees therefor as provided in the city standards and guidelines for use of parks, Sections 12.16.080 through 12.16.180. No exclusive use of any park for pre- advertised assemblies or groups consisting of twenty-five or more persons may be made without the issuance of a permit, except for athletic fields, in which case no exclusive use of any park for pre-advertised assemblies or groups consisting of ten or more persons may be made without the issuance of a permit. All applications of
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exclusive use of any park must be signed or co-signed by an adult, which adult shall agree to be responsible for said exclusive use. No exclusive use permit will be granted if, prior to the time the application was filed, the city has scheduled a city-sponsored event at the same time and place as the activity proposed in the application. No exclusive use permit shall be granted for a park for any assembly or assembly activity involving more than one hundred fifty participants during any of the time between one hour before sunset and one hour after sunrise, unless the park has the appropriate lighting, except Easter Sunrise Services. No use permit shall be granted to allow rides on ponies, horses, or other animals.
12.16.020 Permit—Application—Filing.
Any person applying for a park use permit under this chapter shall file an application for such permit with the director not less than twenty days nor more than three hundred sixty-five days prior to the proposed use of the park. The director may waive either period if the applicant waives all appeal rights.
12.16.030 Permit—Application—Contents.
The application shall contain the following:
A. Name of each applicant, sponsoring organization and the person or person(s) who are in charge of or responsible for the proposed activity;
B. The business and residence addresses and telephone numbers of each person and entity named in subdivision A of this section;
C. The park of portion thereof being applied for;
D. The starting time of the proposed activity;
E. The finishing time of the proposed activity;
F. The number of persons expected to attend the activity; G. Additional city facilities requested, such as personnel, tables, chairs, etc.; H. The nature of the proposed activity or activities, including equipment and vehicles to be brought into the park, the nature and duration of the use of such equipment, and the nature and duration of the use of any amplified sound, whether speech or music;
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I. Any fees, charges, donations of collections to be collected and/or received and the purpose for which they are to be used; and
J. Estimated number of parking spaces required.
12.16.040 Permit—Decision.
The director shall grant or deny such application on or before seven days after the filing of the application unless the time for such granting or denial of the permit has been waived by the applicant in writing or unless the size or nature of the event necessitates a review by the interdepartmental evaluation committee (IDEC).
The decision granting or denying the application shall be mailed to the applicant by first class mail.
12.16.050 Permit—Grant conditions—Crowd control.
The director shall grant the application when it complies with the standards and guidelines in Sections 12.16.080 through 12.16.180, and upon granting any permit may impose reasonable requirements and conditions concerning the use of the park by the applicant based upon Sections 12.16.080 through 12.16.180. The organizers of all events that are expected to draw one thousand or more attendees are required to submit a security plan that must be reviewed and approved by the police department before an event application will be approved. At a minimum, the police department shall consider the following factors to determine that the appropriate level of staffing is included in the security plan:
attendance, street closure, overnight security for multi-day events, ABC permit, potential for unrest. The applicant may, at his/her option, engage police personnel or duly licensed private security subject to the provisions of Chapters 2.48 and 5.48.
12.16.060 Permit—Grant for another location.
Any resolution passed by the city council revising, changing or initiating any plan for development of any park shall be deemed to have amended Sections 12.16.080 through 12.16.180 and shall be made part of Sections 12.16.080 through 12.16.180. Such change shall be reflected in Sections 12.16.080 through 12.16.180 and shall be made available to the public. The director may grant the application for a park other than that applied for with the consent of the applicant in the event that a permit has already been issued for said park or said park does not meet the needs of applicant or is otherwise unsuitable pursuant to Sections 12.16.080. through 12.16.180. In the event that more than one application is received for 1 9
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one park for use on the same day, the director shall first act upon the application first received; pursuant, however, to the priorities for usage as designated Sections 12.16.080 through 12.16.180.
12.16.070 Permit—Denial.
A. The director shall deny the application if he finds that any of the following conditions exist:
1. That the application reveals that the city has no park which will accommodate the activity of the applicant pursuant to the standards and guidelines contained in Sections 12.16.080 through 12.16.180;
2. That the proposed activity is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the areas as to hinder police protection to the city;
3. That the applicant has failed to agree to provide a reasonable means of informing all of the persons participating in the proposed activity of the terms and conditions of such permits;
4. That the applicant fails to file a timely application, unless waived by the director and the applicant waives all right of appeal.
B. Such denial shall specify the grounds therefor.
12.16.080 Standards and guidelines—Intent.
A schedule of fees and charges for use of parks shall be adopted and periodically amended by city council resolution as part of the city’s master fee schedule to establish and regulate the fees, charges and priority uses for city parks.
It is further the intent of the city council and the policy that city residents and organizations receive preferential privileges of use over persons and organizations from outside the city.
12.16.090 Schedule of fees and charges.
The following schedule shall apply for purposes of determining priority use as well as applicable fees and charges for use of public parks.
A. Classification A. Meetings of the city council or subdivisions or committees thereof and public recreation activities that are conducted by the department of recreation. There shall be no scheduled service charge; 1 9
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B. Classification B. Meetings or programs that are conducted by city youth organizations. Also included in this classification are city community service organizations and special interest clubs conducting business meetings or programs which are free and open to the public. There shall be no service charge; C. Classification C. City residents including any recreation, social or service activity conducted by any person or group of persons not included in Classification A or B, as set forth in this section, including, but not limited to, private parties, local political activities, wedding receptions, church activities, etc., shall be charged in accordance with the service charges listed under C as adopted by resolution; D. Classification D. Meetings and programs that are organized, promoted, conducted or sponsored by Foster City nonprofit organizations;
E. Classification E. Noncity nonprofit residents, clubs or organizations, including any recreational, social, or service activity conducted by any person or group of persons not included in Classification A, B, C, and D, as set forth in this section, including, but not limited to, noncity nonprofit private parties, wedding receptions, church activities, in accordance with the service charges listed under E as adopted by resolution; F. Exceptions—Community Fund Raising. Events sponsored by groups under Classification B shall pay a fee in accordance with the service charges listed under B as adopted by resolution; G. Closed Social Parties. Including those activities purely for the benefit of members in Classification B will be charged in accordance with the service charges listed under D as adopted by resolution.
PARKS
SERVICE CHARGES
A B C D E
No
service
charge
No
service
charge
Per
resolution
Per
resolution
Per
resolution
12.16.100 Fees and charges—Decoration and clean-up time included. 1 9
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In computing the fees and charges set forth in Section 12.16.090, the time required for decoration and cleanup will be included in the hours being reserved.
12.16.110 Additional fees and charges.
If the event runs beyond the scheduled hours or additional costs are incurred by the city as a result of the event, all costs will be billed according to applicable rates or actual charges.
12.16.120 Fees and charges—Increase for after-hours use—Minimum charge.
The scheduled rate for each park will be increased by fifty percent per hour during other than regular hours of operation or regular days of operation to cover the necessary additional expenses incurred by the city. Regular operating days and hours shall be Monday through Saturday, eight a.m. to eleven p.m., except when such days fall on holidays. The minimum service charge is for two hours.
12.16.130 Fees and charges—Financial arrangements.
Financial arrangements concerning all deposits, fees and charges should be made at the department of parks and recreation office at least forty-eight hours prior to the date of the event.
12.16.140 Caterer approval required.
All caterers must be approved by the department of parks and recreation.
12.16.150 Security deposit.
A security deposit equal to seventy-five dollars or double the applicable service charge, whichever is greater, shall be required for all uses in Classifications D, E and F.
12.16.160 Liability insurance.
All persons, groups and organizations shall agree to hold the city, the Estero Municipal Improvement District and their elective and appointive boards, commissions, officers, agents and employees harmless from any liability or damages and claims for damages for personal injury, including death, as well as from claims for property damage which might arise from the use of community parks and their furnishings. All noncity persons, groups and organizations and all commercial classifications using community parks pursuant to this policy 1 9
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shall, at least one week in advance of the time of anticipated use, file with the city certificates or other documentation evidencing insurance and endorsements consistent with the requirements set forth by the city council from time to time in the master insurance and indemnity requirements schedule.
12.16.170 Permit—Decision appeal.
A request for a use permit under this policy may be rejected without cause by the director. of parks and recreation, in which case the applicant shall have the right of appeal to the city council. Any applicant who does not agree with the determination of the director or an applicant who does not agree with theis classification given or service charge assessed shall have the right of appeal to the city council pursuant to Section
12.12.010. The decision of the city council shall be final.
12.16.180 Reservations.
A. Reservations for community parks use pursuant to Classifications C, D, E and F in Section 12.16.090 may be superseded at any time by uses pursuant to Classifications A and B in Section 12.16.090, unless otherwise determined by the director.
B. Reservations for community parks use pursuant to Classifications D, E and F may be superseded by uses pursuant to Classification C provided that the C-use permit is issued at least thirty days prior to the reserved use, unless otherwise determined by the Director.
C. The Director may exercise their discretion to utilize a different priority for the Classifications identified in Section 12.16.090 when necessary to ensure that community park use is available to all Classifications in an equitable manner .
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Chapter 12.36
GENERAL PARK AND BUILDING RULES AND REGULATIONS
Sections:
12.36.010 Sales for profit.
12.36.020 Soliciting.
12.36.030 Handbills and advertisements.
12.36.040 Sound-amplifying devices.
12.36.050 Ball-playing areas.
12.36.060 Model crafts.
12.36.070 Working on vehicles.
12.36.080 Bicycles and animals.
12.36.090 Control of dogs, cats and other animals.
12.36.100 Litter.
12.36.110 Interfering with another’s use.
12.36.120 Weapons use—Molesting animals.
12.36.130 Injuring vegetation.
12.36.140 Removal of turf or soil.
12.36.150 Injuring or disturbing property.
12.36.160 Fires.
12.36.170 Use between ten p.m. and sunrise.
12.36.180 Fishing in Foster City Lagoon.
12.36.010 Sales for profitTransaction of Business.
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Any person carrying on or transacting any business in the park shall comply with the business license and tax requirements of Article I of Title 5 of this Code. It is unlawful for any person to conduct sales for profit in any park or community building except with the expressed written consent of the director and full compliance with Article I of Title 5 of this code.
12.36.020 Sidewalk Vending and Motorized Food TruckSoliciting.
A. A sidewalk vendor, as that term is defined in Chapter 12.44, may operate in parks in accordance with the provisions of Chapter 12.44 of this Code.
B. Any Motorized Food Truck may operate on park grounds in a specified location or in a designated parking area for special events as authorized by the Director. No person shall sell, vend, peddle or distribute any merchandise or property whatever, or sell tickets or solicit contributions for any event whatsoever, in any park or community building except with the expressed written consent of the director.
12.36.030 Posting of Handbills, circulars, pamphlets, papers and advertisements.
It is unlawful for any person to distribute, circulate, give away, throw or deposit in or on any park or community building any handbills, circulars, pamphlets, papers, advertisement, or post or affix handbills, circulars, pamphlets, papers, advertisements the same to any tree, fence or structure in any park or community building without the expressed written consent of the director.
12.36.040 Sound-amplifying devices.
No person shall utilize any machine or device for the purpose of amplification of human voice, music or any other sound in parks or community buildings except with specific authorization being granted in an exclusive use permit. The regulation of the sound level of such amplification equipment shall be in accordance with Article IV of Title 9 of this code.
12.36.050 Ball-playing areas.
No person shall drive, putt, hit or bat golf balls, hardballs or softballs in the area of a park except in areas set aside and posted for that purpose.
12.36.060 Model crafts.
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No person shall fly model airplanes or operate model crafts of any kind or description in any area of a park or in a programmed water area except in areas set aside and posted for that purpose.
12.36.070 Working on vehicles.
It is unlawful for any person to wash, wax, repair or service any automobile or other conveyance within any park or city-owned parking facility except with the expressed written consent of the director.
12.36.080 Bicycles and animals.
No person shall operate, drive or ride upon any bicycle, unicycle, horse or any other animal in any park except in areas designated and posted specifically for such use, or with the expressed written consent of the director.
No cattle, sheep, goats, horses or any animals shall graze in any park except in areas designated and posted specifically for such use or with the expressed written consent of the director.
12.36.090 Control of dogs, cats and other animals.
It is unlawful to bring or maintain in or upon any park or community building any dog, cat or other animal, unless such dog, cat or other animal is kept at all times on a leash, not to exceed six feet in length, and under full control of its owner or custodian, except with the expressed written consent of the director. Persons shall not leave or deposit dogs, cats, fowl, fish or other animals, whether dead or alive, in any park, lagoon or community building.
12.36.100 Litter.
No person within any park or community building shall leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor. No person shall use the receptacles provided for in this section for the purpose of depositing yard clippings or other garbage or trash generated on private property.
12.36.110 Interfering with another’s use.
No person within any park or community building shall use or attempt to use or interfere with the use of any table, space or facility within the park or building which at the time is reserved for any other person or group which has received a permit from the director therefor. Unless the actual use of the table, space, area, building 1 9
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or facility referred to in any such permit is commenced within one hour after the period covered by such permit, such permit may be cancelled by the director.
It is unlawful for any person to engage in boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace and enjoyment of the facility.
12.36.120 Weapons use—Molesting animals.
No person shall discharge, fire or shoot any firearm, air gun, fireworks or explosive device, slingshot or bow and arrow or other device in any park except at places designated and posted specifically for such purpose. No person shall take, seize, molest, injure or hunt any bird, reptile or animal in any park or community building, or portion thereof, where signs prohibiting the same are posted.
12.36.130 Injuring vegetation.
No person other than a duly authorized city employee in the performance of his duty or persons participating in city-sponsored or authorized activities shall dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any park or area of a community building.
12.36.140 Removal of turf or soil.
No person other than a duly authorized city employee in the performance of his duty shall remove any wood, turf, grass, soil, rock, sand or gravel from any park.
12.36.150 Injuring or disturbing property.
A. No person other than a duly authorized city employee in the performance of his duty shall:
1. Cut, carve, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park;
2. Mark or place thereon any mark, writing or printing;
3. Attach thereto any sign, card, display or other similar device, except as authorized by permit. 1 9
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B. No person shall attach to any community building materials, devices or equipment for the purpose of decorating that facility or for any other purpose without the expressed written consent of the director.
12.36.160 Fires.
No person shall light or maintain any fire in any park except for cooking fires using solid non-flame-producing fuel (charcoal, charcoal briquets, etc.). A permit shall be obtained from the fire department, unless such fire is lighted and maintained only in a stove or fire circle or place provided for such purpose.
12.36.170 Use between ten p.m. and sunrise.
No person shall remain in any park or building between ten p.m. and sunrise, other than a city employee in the performance of his duty or persons participating in city-approved activities or as provided in Sections 12.16.040 through 12.16.070.
12.36.180 Fishing in Foster City Lagoon.
A. Except as provided in subsection B of this section, it is unlawful to take fish from the Foster City Lagoon by the use of nets, traps and/or floating devices using numerous lines and hooks.
B. Fishing from the shore with a fishing pole and line, a single trap and/or a single net, per person, is authorized; provided, that such devices are not used in a manner that would constitute a danger or obstruction to swimmers, windsurfers or boats.
C. Commercial fishing is prohibited and unlawful. Commercial fishing means the taking of any species of fish by any means for commercial use or resale purposes.
D. Notwithstanding any other provisions of this code, a violation of this section is a misdemeanor punishable by a fine not to exceed one thousand dollars and imprisonment of not to exceed six months or both such fine and imprisonment.
12.36.190. Enforcement.
Enforcement of this Chapter shall be in accordance with Chapter 12.12.
12.36.200. Other Rules
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The Director may from time to time adopt other rules as necessary for the safe and efficient use of parks and buildings. These rules shall be made available to the public through the City’s Parks and Recreation website and/or posted in a public place.”