Chapter 12.32
CITY PARKS AND RECREATION AREAS
Sections:
Article 1. Definitions and Severability
12.32.010 Definitions.
12.32.015 Severability.
Article 2. Park Preservation and Permits
12.32.020 Park and recreation facility uses requiring a permit.
12.32.025 Application for use.
Article 3. Closure of Parks and Recreation Facilities During Designated Hours
12.32.030 Designated hours for closure of park and recreation facilities.
12.32.035 Exemptions.
12.32.040 Temporary change of designated hours of closure of park and recreation facilities.
12.32.045 Signs identifying hours of closure.
12.32.050 Temporary closure of park and recreation facilities.
12.32.055 Penalty.
Article 4. Prohibiting Alcoholic Beverages
12.32.060 Purpose.
12.32.065 Possession and consumption of alcoholic beverages on city- owned parks and recreation areas prohibited.
12.32.070 Warning signs posted.
12.32.075 Exceptions.
12.32.080 Penalties for violations.
Article 5. Prohibited Acts in Parks and
Recreation Facilities
12.32.085 Purpose.
12.32.090 Camping in parks and recreation facilities prohibited.
12.32.095 Storage of personal belongings prohibited.
12.32.100 Tents and other enclosed temporary structures prohibited.
12.32.105 Fires prohibited in parks.
12.32.110 Fireworks prohibited in parks.
12.32.115 Firearms, air guns and other weapons prohibited in parks.
12.32.120 Commercial advertising prohibited in parks.
12.32.125 Littering, personal waste and dumping prohibited in parks.
12.32.130 Swimming, bathing, washing and fishing prohibited in park water features.
12.32.135 Nudity prohibited in parks.
12.32.140 Smoking prohibited in parks.
12.32.145 Operation of vehicles in parks.
12.32.150 Vandalism of park amenities prohibited.
12.32.155 Animals in city parks.
12.32.160 Golfing prohibited.
12.32.165 Hazardous games and devices prohibited.
12.32.170 Glass containers prohibited.
12.32.175 Loud music/amplified sound prohibited.
12.32.180 Generators and small engines prohibited.
12.32.185 Commercial activities prohibited.
12.32.190 Tennis and pickleball courts – prohibited activities.
12.32.195 Prohibition of carts in park facilities.
12.32.200 Prohibition of inflatable play structures.
Article 6. Removal and Suspension from Park and Recreation Facilities
12.32.205 Removal from parks.
12.32.210 Suspension from parks for disorderly conduct.
12.32.215 Penalty.
Article 1. Definitions and Severability
12.32.010 Definitions.
The following words, phrases and terms as used in this chapter shall have the following meanings:
"Abandoned personal property" means personal property to which the owner surrenders, relinquishes or disclaims all right, title, claim and possession, with intention of not reclaiming it or resuming its ownership, possession or enjoyment. Indicia of abandoned personal property shall include, but not be limited to, the act of leaving the personal property in a public park/recreation area so that it may be appropriated by the next comer. "Alcoholic beverages" as used herein means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Available shelter" means a public or private shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacity, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available shelter space due to voluntary actions including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available. "Camp," "Camping" or "Camping facilities" means placing, setting up or utilizing camping equipment such as tents, tarpaulins, temporary shelters whether commercially produced or improvised from random materials, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors.
Camping does not include use of umbrellas or sun shades during the time the park is open to the public or the use of temporary structures pursuant to a permit issued pursuant to this chapter.
An activity shall
constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" shall not include merely sitting, lying or sleeping outside in a public park/recreation area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.
"Camp equipment" or "Camp paraphernalia" means tents, tarpaulins, lean-tos, huts, cardboard boxes, or similar make- shift temporary shelters constructed from random materials, as well as cooking facilities, hammocks, ground cover, bedding, sleeping bags, or other similar equipment used for living in the outdoors. "Commercial activities" means the conduct of a business, profession, trade, occupation and all and every kind of calling carried on with or without the intent of making a profit. "Inflatable play structure" means any inflatable structure used for recreational purposes that, when filled with air, provides a suitable surface or space for jumping, bouncing or sliding. "Park amenities" means any man-made structure, monument, statue, vase, fountain, pole, wall, fence, railing, bench, picnic table, trash receptacle, arbor, shade structure, playground, building, landscaping, natural vegetation, lighting system, sprinkler system, and walking or biking trails, paths or walkways, and waterways. "Park and recreation facilities" and "Public park/recreation areas" means all parks and their associated open spaces, pedestrian and biking trails, park amenities, buildings and recreation centers used by the public within the boundaries of the city limits of the city, and which are owned, operated and/or maintained by the city. "Personal property" means tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, camping facilities, camping paraphernalia, money, and/or books. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound, or by which the human voice, music, or any other sound is amplified.
Sound amplifying equipment shall exclude
vehicle radios, portable music players and stereo equipment when used and heard only by the occupants of the vehicle in which same is installed or by the intended users.
Sound amplifying equipment shall exclude devices on authorized emergency vehicles or other warning devices on any vehicle used only for traffic safety purposes. "Store", "Stored" or "Storage" means to put aside personal property in a public park/recreation area or accumulate it for use when needed; to place personal property in a public park/recreation area for safekeeping; and/or to leave personal property unattended in a public park/recreation area.
"Tent" means shelter or structure that is not entirely open on all sides. "Umbrellas or sun shades" means any canopy or cover that is open on all sides, from ground level to the top of the structure, and consists of pliable tent-like material such as canvas, nylon or other synthetic fabric, and that is held aloft by one or more supporting metal, plastic or wooden poles.
(Ord. 2019-07 § 2 (part), 2019)
12.32. 015
Severability.
The city council declares that it would have passed this chapter, sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that the provisions of this chapter are severable and, if for any reason any sentence, paragraph, or section of this chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this chapter.
(Ord. 2019-07 § 2 (part), 2019)
Article 2. Park Reservation and Permits
12.32.020 Park and recreation facility uses requiring a permit.
A. Park and recreation facilities are open to the public generally, however, certain areas or spaces within city park and recreation facilities, as designated by the City Manager or designee, may be made available by reservation for exclusive use by persons and groups subject to issuance of a permit and payment of applicable fees. Any designated areas and spaces within city park and recreation facilities may be used by the public on a first come, first served basis; however, those designated areas and spaces must be vacated at the time permitted persons or groups arrive.
B. A permit is required within the boundaries of any public park/recreation area where any person or group seeks to:
1. Reserve a designated area for the purpose of a private gathering or private event.
2. Reserve a designated area for the purpose of a private gathering or private event that includes the possession and consumption of alcoholic beverages.
3. Reserve a designated area to hold a play, performance, sporting event, or organized practice which would infringe on the typical use or capacity of a designated area.
4. Reserve a designated area for the purpose of a private gathering or private event that includes the utilization of temporary, portable amenities, including but not limited to such things as inflatable play structures or temporary staging.
5. Utilize sound amplifying equipment in excess of the limits set forth in Section
12.32.180
.
6. Utilize any park and recreation facilities for any activities involving a group event or coordinated gathering of fifty (50) or more persons, except as provided by subsection C. below.
7. Engage in any other activity that would otherwise infringe on or impede the typical use and capacity of a designated area or otherwise hinder, threaten or impede the public health and safety of the public use of park or recreation facilities.
C. Special events and expressive events, as defined in Section
12.48.020
, conducted in parks, open space, trails, or
recreation areas shall require review and approval in accordance with the requirements of Chapter 12.48
.
Special events
typically include any parade, march, procession, pageant, review, ceremony, festival, assembly or exhibition on property owned or controlled by the city and which are planned or likely obstruct, delay, impede, impair or interfere with the usual, normal and free use of the location and implicate significant government interests. Expressive events typically include any special event organized or conducted solely or primarily for the purpose of engaging in speech protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution. (Ord. 2019-07 § 2 (part), 2019)
12.32.025 Application for use.
A. The City Manager or designee shall reserve the right to grant or deny all applications for the use of city parks or recreation facilities. All applications for use of city parks or buildings shall be signed by an adult eighteen (18) years of age or over who shall be responsible for compliance with the terms of the permit. Permits where the proposed use includes the possession and consumption of alcoholic beverages must be made in person by an adult twenty-one years of age.
B. Requests for use shall be made a minimum of three (3) days prior to the date of requested use. Applications may be modified up until one (1) business day prior to the date of the requested use.
C. The application for a permit shall include, but not be limited to, the following information:
1. Name of the applicant, the sponsoring organization(s), and name of the person in charge of the proposed activity.
2. Address and telephone number of applicant(s).
3. Park or building being applied for and the area involved.
4. Starting and finishing times of the proposed activity, and number of persons expected.
5. Nature of the proposed activity or activities, proposed site plan depicting the proposed layout for the event and locations for any equipment or temporary structures that may be brought into the park, duration of the event, and a description of the nature of the use of any sound amplifying equipment.
6. Notice of requirement of certificate of co-insurance for public liability, in the form of attachment to application, if required. All commercial owners, operators, and vendors of temporary portable amenities identified in Section
12.32.020
B.4.
utilized within park and recreation facilities shall require the following: (1) maintain liability insurance covering bodily and
property injury in the minimum amount specified by the city and name the city and its officials, agents and employees as an additional insureds on the liability insurance policy; (2) submit to city prior to issuance of a permit a certificate of insurance naming city and its officials, agents and employees as additional insureds and stating that the insurance coverage will not be modified or canceled without prior written notice to the city; and (3) provide to evidence of a current city-issued business license.
D. Denial of an application shall be based on the following criteria:
1. When there is a conflict with a prior reservation or a building or a park with the required capacity for the proposed activity is not available.
2. Refusal by an applicant to agree in writing to conditions of the permit.
3. Failure of an applicant to file an application in sufficient time for administrative review.
4. Failure to agree to provide personnel determined by the city to be necessary to properly police and protect the activity and other users of the facility or area due to the size or nature of proposed activity.
5. The filing of more than one application for the same facility at the same time. Under these circumstances, the City Manager or designee will give consideration to the application first completed.
6. When usage of facility may damage, destroy or detract from the city park or recreation facility and/or cause harm, injury, discomfort or displeasure to the other persons in or near the park or recreation facility.
7. Record of applicant or event not complying with regulations of this chapter.
E. An applicant may appeal a decision to deny an application for a permit to utilize park and recreation facilities. The applicant must file such appeal with the City Manager within ten (10) days of the denial for a final determination, which shall be forthcoming within fifteen (15) days from the date the appeal is filed with the City Manager.
F. Fees and deposits may be levied to offset city expenses incurred in providing services associated with or that otherwise may be required pursuant to the issuance of a permit. Basic rates for use of facilities are established by resolution adopted by the city council and are subject to change by the city council.
G. All persons to whom a permit is granted must agree in writing to hold the city harmless and indemnify the city from any and all liability for injury to persons or property occurring as the result of the activity sponsored by permittee, and said persons shall be liable to the city for any and all damages to parks, equipment and buildings owned or controlled by the city which result from the activity or permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his own risk without liability on the part of the city for any injury to persons or property resulting therefrom.
H. To ensure proper use and control of facilities and equipment, a security guard shall be required when an event constitutes the major use of a facility. Additional security measures may be required to protect the general public and city property.
I. Permit may be revoked if any terms or conditions of the permit are violated by the permittee or any agent or employee of the permittee. Said permit may be revoked by the City Manager with or without notice to the persons to whom the permit was issued.
(Ord. 2019-07 § 2 (part), 2019)
Article 3. Closure of Parks and Recreation Facilities During Designated Hours
12.32.030
Designated hours for closure of park and recreation facilities.
A. It is unlawful for any person to remain in park and recreation facilities (except as noted in Section
12.32.035
) during
the designated hours of closure. Except as provided by subsection B., the designated hours of closure for park and recreation facilities shall be between the hours of 10:00 p.m. to and through 5:00 a.m. of the following day.
B. It shall be unlawful for any person to remain in Lincoln Oval Park, Pappas Park, Provident Skate Park, Recreation Park, Rotary Park and Seven Oaks Park (except as noted in Section
12.32.035
) from
8:00 p.m. to 8:00 a.m. during the
summer season and from 6:00 p.m. and 8:00 a.m. during the winter season. The changes in park hours shall coincide with daylight savings time. (Ord. 2019-07 § 2 (part), 2019: Ord. 2014-10 § 2 (part), 2014: prior code § 5290)
12.32.035 Exemptions.
A. Section
12.32.030
shall not apply to any person in a park or recreation facility when such a person is participating in, going to, or coming from an activity which is either sponsored or co-sponsored by a public entity, or is carrying on such activity pursuant to a valid permit or license issued by the city. Said Section
12.32.030
shall further not apply to any peace
officer or other duly authorized public employee acting within the course and scope of his/her employment.
B. An individual or family unit experiencing homelessness may not be cited for violation of Section
12.32.030
unless it is
confirmed that there is available shelter as defined in Section
12.32.010
. (Ord. 2019-07 § 2 (part), 2019: Ord. 2014-10 § 2
(part), 2014: prior code § 5291)
12.32.040
Temporary change of designated hours of closure of park and recreation facilities.
The City Manager or designee shall have the authority to change the designated hours of closure required by Section
12.32.030
for a designated period of time or indefinitely. In the event that the designated hours for any park and recreation facility are changed pursuant to this section, the hours of closure designated by this section shall be posted in accordance with the requirements of Section
12.32.045
. Said action shall be taken when the City Manager determines that circumstances exist justifying the modification of the designated hours of closure for any park and recreation facility in order to prevent the occurrence of dangerous, unlawful, or impermissible activities. (Ord. 2019-07 § 2 (part), 2019: prior code § 5292)
12.32.045 Signs identifying hours of closure.
Each park and recreation facility subject to closure during specified hours pursuant to this article shall be properly and appropriately posted. Signs setting forth the hour and time of closure and reopening of the park and recreation facility as provided in this article shall be posted at or near entrance ways to said park and recreation facility, or in otherwise conspicuous locations as determined by the City Manager or designee. Said signs shall be not less than one square foot in area and shall contain lettering, not less than one-half inch in height, identifying the hours during which the park and recreation facility shall be closed, and further advising the public that entry to the park and recreation facility or remaining on the facilities' grounds between the designated hours is a violation of law. In the event that there are no clear and obvious entrance ways or natural or manmade barriers which prohibit access to or entry upon a park or recreation facility subject to this article, signs shall also be posted at intervals of every three hundred (300) feet along the perimeter of the facility accessible to the public. (Ord. 2019-07 § 2 (part), 2019: prior code § 5293)
12.32.050
Temporary closure of park and recreation facilities.
The City Manager or designee shall have the authority to temporarily close any park and recreation facility or portion thereof and require the exit of all persons therein when the City Manager or designee determines that conditions exist at or in said park and recreation facility or portion thereof which present a hazard to the park and recreation facility or to the health and safety of the public, or for the purposes of constructing or maintaining park and recreation facilities and/or associated park amenities. The City Manager or designee shall have the authority to temporarily close any park and recreation facility or portion thereof
at any time and for any interval of time, either temporarily or at regular or stated intervals, and either entirely or merely to certain uses, as the City Manager or designee shall find reasonably necessary to achieve the objectives of this section. (Ord. 2019-07 § 2 (part), 2019)
12.32.055 Penalty.
Any person violating the provisions of this article shall be guilty of a misdemeanor and subject to the penalties set forth in Section
1.12.010
.
(Ord. 2019-07 § 2 (part), 2019: Ord. 2014-10 § 2 (part), 2014: prior code § 5294) Article 4. Prohibiting Alcoholic Beverages
12.32.060 Purpose.
A. The purpose of this article is to prohibit the possession and consumption of all alcoholic beverages in all city parks and recreation facilities except in specially designated city parks with a permit.
B. Police officers responding to all calls for assistance at city parks and recreation facilities have frequently encountered intoxicated and on some occasions, belligerent individuals and groups. The consumption of alcoholic beverage often makes control of such situations, which are already tense, very difficult. In addition, the excessive consumption of alcoholic beverage in and of itself often results in the need for law enforcement intervention. This results in increased costs to the city, impedes criminal investigations, and reflects negatively on the good image of the city.
C. The purpose of this article is, therefore, to:
1. Minimize community exposure to certain negative behavior and incidents that are associated with the consumption of alcoholic beverages;
2. Reduce the expenditure of time spent by law enforcement officers dealing with the aforementioned type of issues; and
3. To maintain an environment which is conducive to, and reflects the community commitment to a safe and healthy public environment. (Ord. 2019-07 § 2 (part), 2019: Ord. 9904 § 2, 1999: prior code § 5600)
12.32.065 Possession and consumption of alcoholic beverages on city-owned parks and recreation areas prohibited.
It is unlawful for any person to possess and/or consume any alcoholic beverage within the boundaries of every public park/recreation area. The City Manager or designee shall maintain a listing of the park and recreation facilities where possession and consumption of alcoholic beverages may be allowed with a permit issued pursuant to Article 2. (Ord. 2019- 07 § 2 (part), 2019: prior code § 5601)
12.32.070
Warning signs posted.
Each park or recreation area shall be clearly posted with a warning sign at all common entry points, and a sign shall be posted every three hundred (300) feet when a park or recreation area's boundary is adjacent to a public street. Signs posted at park and recreation facilities where possession and consumption of alcoholic beverages may be allowed by permit shall state the following:
"Possession and/or consumption of any alcoholic beverage without a permit is prohibited by City Ordinance Section
12.32.065
."
Signs posted at all remaining parks shall state the following:
"Possession and/or consumption of any alcoholic beverage is prohibited by City Ordinance Section
12.32.065
."
(Ord. 2019-07 § 2 (part), 2019: Ord. 9904 § 3, 1999: prior code § 5603)
12.32.075 Exceptions.
A person may be exempt from this article if the following is applicable:
A. A person (group/activity representative) must have applied for, been granted and be in possession of and compliance with a permit issued pursuant to Article 2 of this chapter to possess and consume alcoholic beverages.
B. The permit must be presented to any park official or police officer upon request. Such permit shall state the designated park and specific group/activity area reserved for the permit. The person who has applied for and is in possession of such permit, shall be responsible for notifying those persons in the group/activity of such designated areas of use and any other restrictions associated with the permit, and shall be responsible for ensuring that those individuals consuming alcoholic beverages are of legal age to do so. The permit shall expire according to the terms of the permit, or in the absence of a designated expiration time, at the conclusion of the sanctioned event or designated hour for park closure, whichever occurs first.
C. Attendance at facilities which have controlled access and/or are physically separated from the remainder of a city park/recreation area by a common barrier or fence, and provided such facilities are being utilized for their intended purposes (i.e. golf courses, race tracks, softball fields, sports complex, etc.) may be exempted from time to time from this prohibition of no possession or consumption of alcoholic beverages if so designated by the City Manager or designee. (Ord. 2019-07 § 2 (part), 2019: Ord. 9904 § 4, 1999: prior code § 5604)
12.32.080
Penalties for violations.
Any person, violating any of the provisions of this article, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by the imprisonment in the county of Tulare jail for not more than six months, or both such fine and imprisonment. The city attorney or his/her designee will have the discretion to reduce said violation to an infraction. The penalty for aninfraction shall be a fine of a maximum of two hundred fifty dollars ($250.00) per violation. (Ord. 2019-07 § 2 (part), 2019: prior code § 5605) Article 5.
Prohibited Acts in Parks and Recreation Facilities
12.32.085 Purpose.
A. The purpose of this article is to maximize the community enjoyment of park and recreation facilities and to prohibit activities and behavior which interfere with this objective to the detriment of the public health, welfare and safety.
B. This article shall apply to conduct in public park/recreation areas and be enforceable notwithstanding the exceptions provided in Section
8.36.070
A. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)
12.32.090
Camping in parks and recreation facilities prohibited.
A. It is unlawful and a public nuisance for any person to establish, maintain, or operate a camp or occupy camp facilities, and to utilize camping equipment or camping paraphernalia while camping or occupying camping facilities, in any public park/recreation areas. "Establish" means setting up or moving camping equipment or camp paraphernalia in park and recreation facilities to camp or operate camp facilities. "Maintain" means keeping or permitting camping equipment or camping paraphernalia to remain in a park or recreation facility in order to camp or operate camping facilities. "Operate"
means participating or assisting in establishing or maintaining a camp or camping facilities.
B. An individual or family unit experiencing homelessness may not be cited for violation of subsection A. between the hours of 10:00 p.m. and 6:00 a.m. unless it is confirmed that there is available shelter as defined in Section
12.32.010
.
C. Notwithstanding the exemption provided for in subsection B., camping facilities, camping equipment, and camping paraphernalia may not be affixed or attached to, or constructed upon or with, or otherwise located within ten (10) feet from, any park amenities.
D. Notwithstanding the exemption provided for in subsection B., camping facilities, camping equipment, and camping paraphernalia may not be located or utilized within any waterways or riparian areas, as defined in Section
12.52.010
, and to
the extent waterways and riparian areas exist in park and recreation facilities, those areas shall be subject to the prohibitions set forth in
Chapter 12.52
of the Visalia Municipal Code.
E. Camping may be permitted in park and recreation facilities in conjunction with any city sponsored and approved event. (Ord. 2019-07 § 2 (part), 2019)
12.32.095 Storage of personal belongings prohibited.
A. It shall be unlawful and a public nuisance for any person to store personal property in any public park/recreation area, except as otherwise approved in writing by the City Manager or designee or by resolution of the City Council. Personal property stored in public park/recreation areas in violation of this section shall be impounded pursuant to the requirements of this section. Any personal property left in any public park/recreation area at the time the public park/recreation area is closed to the public, whether or not the personal property is unattended, shall be immediately impounded, pursuant to this section.
Notwithstanding these prohibitions, an individual or family unit experiencing homelessness may not be cited for violation of this section between the hours of 10:00 p.m. and 6:00 a.m. unless it is confirmed that there is available shelter as defined in Section
12.32.010
.
B. The provisions of this section shall not apply to abandoned personal property, which shall be disposed of forthwith.
C. The Chief of Police or the City Manager, or their designees, are authorized to impound personal property pursuant to the provisions this section, and shall make provisions for the receipt and safekeeping of personal property coming into his or her possession pursuant to this section. A receipt shall be issued to the person delivering such personal property, unless the personal property was found in the course of employment by an employee of the city. The Chief of Police or the City Manager, or their designees, shall notify the owner of the personal property if his or her identity is reasonably ascertainable, or, if the identity of the owner is not reasonably ascertainable, cause a notice to be left in a prominent place on or near the location of the personal property for any personal property impounded pursuant to this section, advising that the city is in possession of the personal property and the location where it may be claimed.
D. Notice prior to impoundment.
1. Stored personal property may be impounded without notice if there is a reasonable belief that it is abandoned, presents an immediate threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.
2. The city may erect signs in public parks/recreation areas stating that any personal property stored in those areas will be impounded. Those signs shall serve to provide the notice required by this section.
3. If neither subsection 1. nor subsection 2. apply, personal property unlawfully stored in public parks/recreation areas shall be impounded only after a notice is provided to the owner of the personal property or left at or near the location of the personal property advising that the personal property will be impounded if it is not removed. This notice will specify a time when the personal property will be impounded if it is not removed.
E. If, after any notice required by subsection D. is given, personal property remains unlawfully stored in a public park/recreation area, that personal property may be impounded. The person impounding the personal property shall leave a notice in a conspicuous place at or near where the personal property was located prior to being impounded, advising where the personal property is being kept and when and where it may be claimed by its owner.
F. Personal property coming into possession of the city pursuant to this section shall be deposited in a safe place for a period of at least ninety (90) days. If the personal property consists of money, it shall be deposited with the Finance Director or designee for a period of not less than ninety (90) days, unless sooner claimed by its owner. In the event the personal property or money is not claimed within ninety (90) days, it shall be deemed to be abandoned personal property, subject to disposition as provided in this section.
G. During the time that any personal property is held by the city, it may be delivered or paid to its owner as follows:
1. The personal property shall be delivered upon proof of ownership satisfactory to the Chief of Police or the City Manager, or their designees, after ten (10) days' notice by mail to any other person(s) who have asserted a claim of ownership at any address given by such person(s).
2. If the personal property consists of money, it shall be paid to the owner upon written order from the Chief of Police or the City Manager, or their designees, to the Director of Finance. The Chief of Police or City Manager, or their designees, shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of personal property.
3. If ownership cannot be determined to the satisfaction of the Chief of Police or the City Manager, or their designees, he
or she may refuse to deliver the personal property or refuse to order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction.
H Upon expiration of the ninety-day period, any personal property received by the city and not delivered to the owner may be appropriated to the use of the city upon order of the City Manager or his or her designee, on his or her finding that the personal property is needed for a public use, and any personal property not appropriated to city use may be disposed of or sold at public auction to the highest bidder. All unclaimed money received by the Chief of Police, and not delivered to the owner during the ninety-day period, shall thereafter be deposited in the general fund.
I. Subject to the provisions of subsection I. below, any personal property coming into the possession of the Chief of Police or designee may be disposed of immediately and without notice, in a manner that the Chief of Police or designee determines to be in the public interest, when such personal property is perishable, contraband, or constitutes an immediate threat to the public health or safety.
J. The provisions of this chapter shall not apply to real or personal property or money subject to confiscation pursuant to state or federal law, to personal property that constitutes evidence of a crime, evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law. (Ord. 2019-07 § 2 (part), 2019)
12.32.100
Tents and other enclosed temporary structures prohibited.
A. It is unlawful for any person to set up and utilize a tent or similar temporary shelter or improvised make-shift structure from random items, that is not open on all sides in a public park/recreation area, except as when authorized by a permit issued pursuant to Article 2.
Only the use of umbrellas or sun shades is permissible in a public park/recreation area.
B. Notwithstanding these prohibitions, an individual or family unit experiencing homelessness may not be cited for violation of this section between the hours of 10:00 p.m. and 6:00 a.m. unless it is confirmed that there is available shelter as defined in Section 12.32.010. (Ord. 2019-07 § 2 (part), 2019)
12.32.105 Fires prohibited in parks.
No person shall kindle or build a fire in any park or recreation facility, including the use or portable fire rings or any other receptacle or park amenity for the purpose of creating or containing a fire, unless a permit is issued pursuant to Article 2 of this chapter or as part of a city sponsored function.
A fire that is lighted and maintained in a bbq grill being utilized for cooking purposes only, and only in designated areas, shall be exempt from this prohibition. Installed park grills are designed for charcoal-based cooking, and no other flammable material may be used in them. Grill fires shall be completely extinguished before leaving the park and recreation facility. Fires solely for the purpose of personal warmth are not allowed, and park grills shall not be used as a trash receptacle. (Ord. 2019-07 § 2 (part), 2019)
12.32.110
Fireworks prohibited in parks.
A. No person shall bring, possess or set off in any public park/recreation area any firecrackers, rockets, or other fireworks or explosives, including so-called "safe and sane" fireworks. No person shall discharge any firecracker, torpedo, rocket, flare or other firework or explosive that lands in any public park/recreation area.
B. Organizations may discharge fireworks as part of a public gathering or patriotic celebration, provided a permit for such discharge or display has been obtained pursuant to Article 2. (Ord. 2019-07 § 2 (part), 2019)
12.32.115 Firearms, air guns and other weapons prohibited in parks.
No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire, or discharge any firearm, air gun, spring gun, flare gun, or other weapon potentially dangerous to wildlife or human safety in park and recreation facilities, except in areas, at times, and under conditions designated by the City Manager or designee for such use. (Ord. 2019-07 § 2 (part), 2019)
12.32.120
Commercial advertising prohibited in parks.
No person, business or organization shall display, post or distribute placards, handbills, pamphlets, fliers, circulars, books or other writings containing commercial advertising matter in parks and recreation facilities without the prior written approval of the City Manager or designee. (Ord. 2019-07 § 2 (part), 2019)
12.32.125 Littering, personal waste and dumping prohibited in parks.
A. No person shall throw, discharge, or otherwise place or cause to be placed in the waters of any park facility's fountain, pond, lake, stream, or other body of water or in any tributary, stream or drain flowing into such waters, any substance, matter, or thing, liquid or solid, including, but not limited to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel/oil, food matter, wood, fiber, and plastics.
B. Receptacles are provided for trash related to park activities. Park users shall throw their trash in designated receptacles. Should provided trash receptacles fill up, park users may leave their remaining refuse immediately adjacent to the full trash receptacle.
It shall be unlawful for any person to enter, occupy or sleep in any trash receptacle.
C. No person shall bring and leave refuse, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, for the purpose of dumping it.
D. No person shall deposit or cause to be deposited urine, fecal matter, or other bodily discharges within park and recreation facilities, with the exception of within the normal use of designated restrooms.
Park and recreation facility
restrooms and washrooms are designated single-use, unisex facilities, to be used by one person at a time for their designated purpose and for a reasonable time period. This rule shall not apply to children under the age of eight (8) years, or persons with special needs, who may be accompanied by a person responsible for that child or person. (Ord. 2019-07 § 2 (part), 2019)
12.32.130
Swimming, bathing, washing and fishing prohibited in park water features.
No person shall swim, fish, bathe, wash personal items or clothing, wade, row, sail or operate any boat, radio-controlled or non-radio-controlled water toy or model, craft, or other device, on or in any pond, lake, stream, splash pad or other water feature within a park and recreation facility, except at such place and/or time period designated and provided by the City Manager or designee for such use. (Ord. 2019-07 § 2 (part), 2019)
12.32.135 Nudity prohibited in parks.
No person over the age of eight (8) shall appear, swim, bathe, sunbathe, change clothes, disrobe, walk or be in any public park/recreation area in a state of undress, so as to possibly cause a public nuisance. (Ord. 2019-07 § 2 (part), 2019)
12.32.140
Smoking prohibited in parks.
No person shall smoke any substance or dispose of any lighted match or cigarette, cigar, or pipe ashes or any flaming or glowing substance in any park and recreation facilities. This rule includes processes known as "vaping". (Ord. 2019-07 § 2 (part), 2019)
12.32.145 Operation of vehicles in parks.
A. Except as permitted by the City Manager or designee, it is unlawful for any person, other than when engaged in the performance of duties as a city employee, to drive or park any motor vehicle in or upon any public park/ recreation area, golf course, greenbelt, or other open space area except for those areas specifically designated for vehicular traffic.
B. It is unlawful for any vehicle with a gross weight of over fourteen thousand (14,000) pounds or a maximum width of over one hundred and two (102) inches to use the road in any public park/recreation area except when specifically authorized for the delivery of goods.
This rule shall not apply to parks, maintenance, or emergency vehicles.
C. Electric-powered and unpowered single or multi-wheeled bicycles and personal conveyances may be utilized on designated trails, provided noise levels are within limits (see Section
12.32.180
). Such vehicles are not to be operated in a
negligent, unsafe, or reckless manner, so as life, limb or property may be endangered. Pedestrians shall retain the right of way on trails.
D. Except for licensed, operational vehicles in designated roadways and parking areas, gas-powered vehicles or conveyances are prohibited in all other areas of park and recreation facilities. This provision shall not apply to city personnel acting in their official capacity, or those provided express permission of the City Manager or designee.
E. No person shall abandon any motorized vehicle within the boundaries of a park and recreation facility.
F. No person shall wash or repair any automobile or other motorized vehicle within the boundaries of any park and recreation facility. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)
12.32.150
Vandalism of park amenities prohibited.
A. It is unlawful for any person to destroy, mutilate, damage or deface any park amenities in any public park/recreation area.
B. Any person violating the provisions of this section shall be subject to prosecution for vandalism pursuant to California Penal Code Section 594. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)
12.32.155 Animals in city parks.
A. It is unlawful for any person to bring, have, allow, or free any animal within the perimeter of any public park/recreation area, including but not limited to, any horse, fowl, bovine or other domestic animal, or any reptile or other wild animal except:
1. When prior approval has been given by the City Manager or designee;
2. When authorized in designated off-leash dog areas pursuant to Chapter 12.34
;
3. When dogs or other permitted animals are restrained by leash or similar device; and
4. Law enforcement dogs acting in the performance of their duties, or otherwise participating in a city authorized training event or exhibition.
B. It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill, throw at or strike with any object, any animal, bird, or fowl in any public park/recreation area.
C. A dog may be released from its leash only within the confines of a designated off-leash area.
The owner and animal
must comply with all rules and regulations as outlined in Section
12.34 , Off-Leash Pet Areas. (Ord. 2019-07 § 2 (part), 2019:
Ord. 2004-11 § 2 (part), 2004)
12.32.160
Golfing prohibited.
It is unlawful for any person to play, practice, putt or otherwise engage in the game of golf within the confines of any public park/recreation area, except for those park/recreation areas specifically designated by the City Manager as a “golf course.” Disc or Frisbee Golf is exempted from this rule, provided it is played within designated areas. (Ord. 2019-07 § 2 (part), 2019:
Ord. 2004-11 § 2 (part), 2004)
12.32.165 Hazardous games and devices prohibited.
It shall be unlawful for any person to use remote controlled recreational devices (including wheeled or flying vehicles) in any public park/recreation areas. Park users shall refrain from solid or liquid fueled rocket use, archery, paintball, air gun, sling shot, hardball or any similar games of a hazardous nature in public park/recreation areas, except at such places and times as shall be specifically established by the City Manager or designee. While using designated areas for any activity listed above, use of such devices shall not be disruptive to wildlife, to park patrons, or to park property and such use shall comply with all applicable federal or state regulations. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)
12.32.170
Glass containers prohibited.
It shall be unlawful to possess any container made of glass in any public park/recreation area or to bring, carry, or transport any container made of glass into any public park/recreation area. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)
12.32.175 Loud music/amplified sound prohibited.
A. It is unlawful for any person to emit from their vehicle, personal electronic music player, or other amplified sound device, music or noise which exceeds sixty (60) decibels at fifty (50) feet and interferes with other uses in any public park/recreation area unless a permit authorizing the use of amplified music has been issued pursuant to Article 2 of this chapter.
B. It is unlawful for any person to use, operate any loudspeaker or sound amplifying equipment in fixed or moveable position for the purposes of giving instructions, directions, talks, addresses, or lectures or for transmitting music to any persons or assemblages of persons, in or upon any public park/recreation area without first obtaining a permit authorizing such use pursuant to Article 2 of this chapter. This provision shall not apply to law enforcement personnel of government agencies acting in their official capacity.
(Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)
12.32.180
Generators and small engines prohibited.
It is unlawful to use generators and small engine motors in any public park/recreation area that emit noise which exceeds sixty (60) decibels at fifty (50) feet without first obtaining a permit authorizing such use pursuant to Article 2 of this chapter.
This provision shall not apply to city personnel acting in their official capacity. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)
12.32.185 Commercial activities prohibited.
It is unlawful to conduct commercial activities in any public park/recreation areas without prior authorization from the City Manager or designee. Such authorization shall include either a special event permit, a sidewalk vendor permit, or a concession agreement, temporary access license or similar binding written authorization. (Ord. 2019-07 § 2 (part), 2019:
Ord. 2004-11 § 2 (part), 2004)
12.32.190
Tennis
and pickleball courts – prohibited activities.
A. It is unlawful for any person upon any tennis, pickleball, basketball, volleyball, racquetball or other sport court owned or controlled by the city to engage in any activity other than playing or practicing the sport for which the court is intended and/or so designated, including, but not limited to, roller skating or riding upon a skateboard, powered or unpowered unicycle or bicycle, or personal conveyance device, without the prior authorization of the City Manager or designee.
B. The City Manager or designee may authorize, at certain designated times and locations, by posting a sign or by issuing a permit, the use of the tennis, pickleball, basketball, volleyball, racquetball or other sport courts owned or controlled by the city for an activity other than playing or practicing the sport for which the court is intended and/or so designated, so long as such activity will not interfere with organized city recreation programs, risk damage to the courts or cause annoyance or disturbance to the surrounding neighborhood. (Ord. 2019-07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)
12.32.195 Prohibition of carts in park facilities.
Within the boundaries of all public parks/recreation areas, no person shall use a shopping cart, basket that is mounted on wheels or a similar device that is primarily used for the purpose of transporting goods of any kind.
The only exception shall
be carts being utilized for recreational equipment, wheeled ice chests that are being used for food product, pursuant to a permit issued pursuant to Article 2, or as otherwise authorized by the City Manager or designee. (Ord. 2019-07 § 2 (part), 2019: Ord. 2013-06 § 2, 2013)
12.32.200
Prohibition of inflatable play structures.
A. Use of inflatable play structures at park and recreation facilities is prohibited without a permit issued pursuant to Article 2 of this chapter.
B. The use of inflatable play structures in city park or recreational facilities by any person or entity obtaining a permit is permitted only under the following conditions: (1) permittee must operate the inflatable play structure in compliance with all local and state statutes, rules, codes and regulations; (2) permittee shall ensure that adults will, at all times, supervise the use of bounce houses by children; (3) permittee shall ensure that inflatable play structures will be in good and safe working order and utilized in accordance with all manufacturer guidelines and limitations (e.g., weight and occupancy restrictions); (5) inflatable play structures and related equipment will be used in such a manner that they do not pose a threat to the public (e.g., generators will not be placed in walkways or other areas that would cause a tripping hazard); (4) as a condition of using inflatable play structures in park or recreational facilities, the permittee and all persons who utilize bounce houses will indemnify, defend, and hold the city and its officials, agents and employees harmless from any and all losses, damages, injuries, death, and claims that may result from the use of bounce houses in city parks or recreational areas.
C. Use of inflatable water features such as water slides, wading/swimming pools or slip and slides or other similar features on city parks or properties is prohibited. (Ord. 2019-07 § 2 (part), 2019) Article 6. Removal and Suspension from Park
and Recreation Facilities
1 2.32.205 Removal from parks.
Any person who interferes with any city employee or obstructs or interferes with a peace officer in the performance of his or her duties, or who by his or her conduct, interferes with the use of any public park/recreation area by any other person, or who has committed any public offense within any public park/recreation area, shall be required to leave the public park/recreation area. No person who has been required to leave a public park/recreation area pursuant to this section shall return to or enter any public park/recreation area until the public park/recreation area reopens the following day. (Ord. 2019- 07 § 2 (part), 2019: Ord. 2004-11 § 2 (part), 2004)
12.32.210
Suspension from parks for disorderly conduct.
A. The Council finds that disorderly conduct in a public/park recreation areas that is dangerous, harmful, offensive, disruptive, or that is a public nuisance obstructs or interferes with the enjoyment of the park and negatively impacts the community and should be prevented through suspensions of the privilege of enjoying the city’s public parks/recreation areas.
B. The City Manager or designee is hereby authorized to suspend the individual committing the following offenses from utilizing park areas for a period of up to twelve (12) months:
1. Unlawful possession of a controlled substance or illegal drug paraphernalia in a public park/recreation area; (as set forth in Division 10 of the California Health and Safety Code).
2. Possession of a deadly weapon (as set forth in Part 6 of the California Penal Code) in a public park/recreation area.
3. Commission or solicitation of an act of prostitution in a public park/recreation area (as set forth in Chapter 2.5 of Division 15 of Title 1 of the California Penal Code).
4. Commission of an act of criminal assault or battery (as set forth in Chapter 9 of Division 8 of Title 1 of the California Penal Code) on another person in a public park/recreation area.
5. Commission of an act of vandalism in a public park/recreation area (as defined by California Penal Code Section 594).
6. Commission of an act of indecent exposure in a public park/recreation area (as defined by California Penal Code Section 314).
7. Commission of any other violation of the Visalia Municipal Code or state law on three (3) separate occasions within a thirty (30) day period within a park or park area.
C. The City Manager or designee shall make the determination to impose a suspension pursuant to this section on the basis of substantial evidence.
A record of arrest or citation for any of the above qualifying acts or violations, regardless of whether a conviction has resulted, may be considered substantial evidence sufficient to support a suspension under this section.
The City Manager or designee shall consider any other relevant evidence available.
D. In imposing a suspension pursuant to this section, the City Manager or designee shall provide notice of suspension, by serving written notice on the person receiving the suspension in a manner permitted by Visalia Municipal Code Section
1.13.070
.
Persons receiving notice of suspension may request an administrative appeal hearing as described in Visalia Municipal Code Section
1.13.080
within ten (10) days of receiving notice of suspension.
The suspension shall not be stayed
pending the appeal process.
At the hearing the rules applicable to administrative hearings under the Visalia Municipal shall apply.
The individual may present evidence to demonstrate why the suspension should not be issued, which, may include but is not limited to: questioning witnesses; providing evidence showing the underlying acts did not occur; or providing evidence as to why the underlying acts were not dangerous, harmful, offensive, disruptive, or otherwise constitute a public nuisance.
The hearing officer shall have the authority to uphold any issued suspension, reverse the suspension, or reduce the term of any suspension.
E. Suspended persons are not allowed by the city to use public park/recreation areas during the term of suspension or to obtain a permit for the use of public park/recreation areas from the city.
Violators may be cited for a violation of this section
and must immediately leave the public park/recreation area. (Ord. 2019-07 § 2, 2019: Ord. 2014-10 § 3, 2014)
12.32.215 Penalty.
A. Any person violating the provisions of this article shall be guilty of a misdemeanor and subject to the penalties set forth in Section
1.12.010
.
B. Notwithstanding the classification of a violation of this article as a misdemeanor, at the time an action is commenced to enforce the provisions of this article, the trial court, upon recommendation of the prosecuting attorney, may reduce the charge of the offense from a misdemeanor to an infraction pursuant to Section 19 of the California Penal Code. (Ord. 2019- 07 § 2, 2019: Ord. 2004-11 § 2 (part), 2004)