City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 04/14/2026
Subject: Chapter 9.23
RECOMMENDED ACTION:
Staff recommends that the City Council waive the second reading and adopt the ordinance amending Section 9.23 of the Municipal Code relating to General Park Rules and Regulations to:
1. Clarify the process for obtaining a park use permit;
2. Specify when violations of park rules constitute an infraction or misdemeanor; and
3. Establish protections for open space areas controlled or operated by the City for park, recreation, or open space purposes.
BACKGROUND:
Section 9.23 of the Municipal Code establishes general rules and regulations governing the use of City parks and recreational facilities. These provisions are intended to ensure safe and orderly use of public spaces while protecting public property and natural resources.
Over time, staff has identified several areas within the ordinance that would benefit from being updated. Specifically, the existing code language does not describe the process currently being used to obtain a park use permit for organized events or activities. Additionally, the current ordinance does not explicitly distinguish between violations that constitute an infraction versus those that may be prosecuted as a misdemeanor.
Staff has also identified a need to better protect certain natural areas within open space areas that are owned, controlled, or operated by the City for park, recreation, or open space purposes, including riparian habitat corridors along the river. These areas provide ecological benefits and are vulnerable to disturbance from activities such as excavation, grading, removal of vegetation, or other forms of alteration.
DISCUSSION:
The proposed amendment to Chapter 9.23 will amend this section of the Municipal Code as described below.
Park Use Permit Process
The proposed amendments clarify the circumstances under which individuals or organizations must obtain a park use permit prior to conducting organized activities within City parks. The ordinance establishes the roles and responsibilities between the Recreation Commission and Recreation Director in issuing a park use permit, establishing park rules, and appealing a decision by the Director.
Enforcement Provisions
The ordinance also establishes clearer enforcement language regarding violations of park rules and regulations. The amendment specifies that violations may be prosecuted as either an infraction or misdemeanor, depending on the nature and severity of the offense.
This provides clarity for enforcement of the park rules and regulations.
Protection of Undeveloped Open Space
The amendment introduces a new provision that prohibits disturbing open space areas controlled or operated by the City for park, recreation, or open space purposes. These areas may include natural habitat, riparian corridors, and other environmentally sensitive lands.
The ordinance specifically prohibits activities such as:
Excavation, digging, trenching, grading, removing soil, or filling any area; Removing, cutting, burning, or damaging any native vegetation; Constructing or placing structures, fences, trails or roads; Altering any natural stream channels or banks;
Introducing any pollutants, debris, or materials that may harm wildlife, plants, or degrade water quality;
Operating a motor vehicle within the Park boundaries except in specifically designated areas within the Park (e.g., paved roadways and parking lots); Killing, chasing, wounding, harassing or capturing wild or domestic animals; and Any other activity that may result in wildlife habitat degradation, disturbance, destruction, or erosion.
These protections are intended to preserve natural resources and prevent unauthorized modification of City-owned or controlled open space areas.
During the first reading and introduction of the ordinance, two additional changes were discussed, which have been incorporated into the ordinance, including:
– Reduce the timeline from 25 business days to 10 business days for the Recreation Director to approve or deny a Park Use Permit application. – Prohibit the use of personal transportation devices such as electric bikes or motorized scooters on grass areas or non-designated areas within City parks.
Following is the proposed Ordinance recommended for second reading and adoption and attached are redline changes from the first reading and labeled “Redline changes from first reading to second reading of Municipal Code Chapter 9.23” FISCAL IMPACT:
The proposed changes will not have a significant fiscal impact.
Attachments:
1. Redline changes from first reading to second reading of Municipal Code Chapter 9.23 ORDINANCE NO. 935
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 9.23 "GENERAL RULES FOR
CITY PARKS" OF THE RIPON MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:
SECTION 1. AMENDMENT TO CODE. Chapter 9.23 of the Ripon Municipal Code is hereby amended in its entirety to read as follows:
Chapter 9.23
GENERAL RULES FOR CITY PARKS
Sections:
9.23.010 Purpose
9.23.020 Definitions
9.23.030 Park Hours
9.23.040 Prohibited Conduct in all City Parks
9.23.045 Specified Rules by Recreation Commission Resolution
9.23.050 Activity Allowed with a Permit
9.23.060 Fees
9.23.070 Revocation of Permit
9.23.080 Advertising Within City Parks
9.23.090 Inspection and Closure of Park
9.23.110 Violation - Penalty
9.23.120 Ejection of Violators
9.23.010 Purpose
The purpose of this Chapter is to provide and ensure an enjoyable, recreational, and relaxing atmosphere within City Parks for the residents of the City of Ripon. (Ord. 883, 2019)
9.23.020 Definitions
As used in this Chapter, the following terms shall have the definition provided herein:
A. “Director” shall mean the City Recreation Director.
B. “Organized Sports Activities” include any use of a City park (including, but not limited to field rental, practice, training, game, tournament, contest or any other athletic activity, whether conducted by teams or otherwise, in which more than 6 persons participate, and in which the time, place, and rules for competing have been predetermined by either the participants or any other person or organization.
C. “Public Address System” shall mean the permanently mounted sound amplification equipment at any city park, including microphones, sound amplifiers, loudspeakers, and other related equipment.
D. “Golfing Activities” consist of any practice or activity involving the use of golf regulation or practice equipment.
E. “Park Use Permit” means that certain permit issued by the Director pursuant to which the permittee is granted the temporary exclusive use of all or a portion of a City park or facilities therein, on terms and conditions which are established by the rules approved by the Recreation Commission.
F. “Special Events” means those activities defined in Chapter 5.40.010 of this Code.
G. “Motor Vehicle” shall have the same meaning as it is defined in California Vehicle Code Section 415, or as is subsequently amended. However, anything meeting the definition of “Personal Transportation Device” as defined herein shall not be considered a “Motor Vehicle” for the purposes of this Chapter.
H. “Personal Transportation Device” shall include all of the following, as they are defined in the California Vehicle code: electrically motorized boards, motorized scooters, electric bicycles, and similar devices.
I. “City Park” or “Park” means all parks, parkways, community buildings and grounds, athletic facilities, open space areas, and other grounds and facilities owned, controlled, or operated by the City for park, recreation, or open space purposes, whether passive or active.
9.23.030 Park Hours
The operating hours for all City Parks shall be determined by resolution of the City Council, and may be amended from time to time in the same manner. Hours shall be posted in a conspicuous place within each City Park. Loitering in City Parks during closed hours is prohibited, and shall be punishable as provided in Section 9.23.110 herein.
9.23.040 Prohibited Conduct In All City Parks
The following activities are prohibited within City Parks:
A. Any person who engages in threatening, abusive or disorderly conduct or behavior within any City Park may be cited with an infraction and ordered to leave the Park.
B. Littering, soiling or defacing restrooms, or other facilities, including landscape and fixtures is prohibited and may be grounds for immediate expulsion. Such conduct may also be cited as an infraction or a misdemeanor at the discretion of the citing officer, which may or may not include the severity of the damage incurred.
C. Any person who plays or broadcasts amplified music or amplified sound without a Park Use Permit issued by the Director shall be cited with an infraction. The use of small portable radios shall be permitted so long as such radios are operated at such a volume as not to disturb other persons in the park or any residence adjoining the park.
D. Any person operating or parking a Motor Vehicle or Personal Transportation Device on any grass area, or non-designated parking area within any City Park shall be cited with an infraction.
E. All parks are declared drug, alcohol, and gang free zones. Any person found in possession of drugs, alcohol, or gang related materials, or performing any gang related activity, shall be cited with a misdemeanor. Alcoholic beverages shall only be permitted within any City Parks when a special permit allowing the consumption of alcoholic beverages has been issued by the Chief of Police, pursuant to Chapter 5.40 of this Code.
F. Any person who undertakes Golfing Activities, except within areas specifically designated for such use, shall be cited with an infraction.
G. The removal of any authorized or official sign indicating that any park facility or equipment is reserved is prohibited. Any person who uses any park facility or equipment which has been reserved or which is marked by any authorized or official sign as reserved without receiving prior written permission from the Director shall be cited with an infraction.
H. Any person attempting to sell any goods or services; conduct or maintain any show, performance, concert, place of amusement or exhibition; or conduct private lessons or classes for compensation in any City Park without a valid Park Use Permit shall be cited with an infraction.
I. It shall be unlawful for any person to make or kindle a fire in any City Park, except under the following circumstances:
1. Prior permission is granted by the City in conjunction with the rental of a designated venue; or
2. Where the park is equipped with barbeque pits, a fire may be kindled in the provided pits.
J. The following activities shall be prohibited within City Parks and shall be considered a public nuisance:
1. Excavation, digging, trenching, grading, removing soil, or filling any area within a Park;
2. Removing, cutting, burning, or damaging any native vegetation within a Park;
3. Constructing or placing structures, fences, trails or roads;
4. Altering any natural stream channels or banks;
5. Introducing any pollutants, debris, or materials that may harm wildlife, plants, or degrade water quality;
6. Operating a motor vehicle within the Park boundaries except in specifically designated areas within the Park (e.g., paved roadways and parking lots);
7. Killing, chasing, wounding, harassing or capturing wild or domestic animals; and
8. Any other activity that may result in wildlife habitat degradation, disturbance, destruction, or erosion.
9.23.045 Specific Rules By Recreation Commission Resolution The Recreation Commission shall be empowered, at regular, noticed public meetings of the Commission, to enact additional rules (not in conflict with this Chapter) for specified City Parks by way of resolution. Approved resolutions shall become effective immediately upon adoption and must be retained by the City Clerk and clearly posted in a conspicuous place in the subject park. Any violation of any rule adopted by resolution of the Recreation Commission shall be cited as an infraction unless otherwise specified in this Chapter. All resolutions adopted by the Recreation Commission are subject to review by the City Council.
9.23.050 Activity Allowed with a Permit
The City Parks and facilities may be made available for the exclusive use of persons and groups for Organized Sports Activities only upon the issuance of a Park Use Permit by the Director. All City and Recreation Commission sponsored events within City Parks take precedence over any other event.
A. Organized Sports Activities: The following City Parks are available for Organized Sports Activities:
1. Stouffer Park
2. Mistlin Sports Park
3. Thiemann Athletic Park (Community Center)
4. Lan Park
5. Boesch Park
6. Skate Park
7. Harvest Park
Any person seeking a Park Use Permit for an Organized Sports Activity must submit an application and a processing fee in an amount established by the Recreation Commission by resolution to the Director at least thirty (30) days in advance of the date of the activity or event.
Applications for a Park Use Permit may not be made more than one year in advance of the date of the activity or event. The Director shall have ten (10) business days to approve or deny the application for a Park Use Permit and shall issue notice of the decision in writing or through electronic message. A person denied a Park Use Permit may appeal the Director’s decision to the Recreation Commission by filing a written appeal with the Director within 10 days of issuance of the Director’s decision. Decisions of the Recreation Commission made pursuant to the provisions of this section shall be final and conclusive, and shall not be subject to appeal.
Rental application, proof of insurance, rental fees and a cleaning/security deposit is required to conduct any organized activity within a City Park. The deposit may be refunded in whole or in part, if at the discretion of the Director, the facility has been left in good condition at the conclusion of the organized activity. Any refund shall be paid within thirty (30) days after the event.
All City and Recreation Commission sponsored events shall be exempt from a Park Use Permit.
B. Special Events: The following City parks are available for Special Events:
1. Stouffer Park
2. Mistlin Sports Park
3. Thiemann Athletic Park (Community Center)
The use of these parks for a special event requires a Special Event Permit pursuant to Chapter
5.40 of this Code.
9.23.060 Fees
The Recreation Commission shall, by resolution, establish and periodically update a fee schedule specifying the applicable fee(s) for the use of City parks for Organized Sports Activities pursuant to an approved Park Use Permit.
9.23.070 Revocation of Permit
A Park Use Permit may be revoked by the Director if the permittee is found to be violating any City Park rules or requirements issued by City ordinance, Recreation Commission resolution, or included as conditions to the Park Use Permit. The Director’s decision may be appealed to the Recreation Commission by submitting a written appeal to the Director within 10 days of the revocation of the permit. The Recreation Commission’s decision on an appeal made pursuant to this section shall be final and conclusive, and shall not be subject to appeal.
9.23.080 Advertising within City Parks
The Recreation Commission, with the assistance of the Director, may establish, by resolution, programs, rules and procedures for the sale and maintenance of advertising space within any City Park. Any such programs, rules and procedures may include terms and conditions for advertisers, including the establishment of fees and charges for advertising space. The Director shall administer any such program, rules and procedures on behalf of the City.
9.23.090 Inspection and Closure of Park
Any section or part of a park or facility may be inspected and declared closed to the public at the direction of the City Administrator at any time and for intervals of time, either temporarily or at regular and stated intervals (daily or otherwise) for reasons including, but not limited to, the following:
A. public liability
B. damage to turf
C. public service
D. public health and safety
Such closure may be partial, so as to limit certain activities, as the City Administrator may reasonably find necessary.
9.23.110 Violation - Penalty
A. Unless otherwise specified within this Chapter, any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable as provided in Chapter 1.08 of this Code. (Ord. 883, 2019) B. In addition to the penalties authorized under this Chapter, the measure of damages and the remedy for any violation of this Section that results in an injury to Park land or facilities shall include the restoration of the Park land or facilities to its condition immediately prior to the violation or restitution payment of an amount equal to the actual cost of said restoration, including administrative costs.
C. All remedies prescribed under this Chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.
9.23.120 Ejection of Violators
A. In addition to all other remedies and penalties specified in this Chapter, Director or any City Police personnel may order any person violating any provision of this Chapter to vacate the City Park in which the violation occurred until the park opens to the public the following day. Any person refusing to leave a City Park at the order of any authorized City representative may be cited with a misdemeanor.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.
Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.
SECTION 3. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 6. PUBLICATION. At least five (5) days prior to its final adoption, copies of this ordinance shall be posted at City Hall and on the City of Ripon website; and a notice shall be published once in The Manteca Bulletin, the official newspaper of the City of Ripon, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of April, 2026, by the following vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Daniel de Graaf, Council Member
AYES: Barton, Uecker, Restuccia, Zuber, de Graaf
THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
GARY BARTON, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk