2014-146 Establishing Regulation for Use of Park & Rec Areas ORDINANCE NO. 2014-146
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, ADDING CHAPTER 13.01 TO THE MENIFEE MUNICIPAL CODE
ESTABLISHING REGULATIONS FOR THE USE OF PARK AND RECREATION
AREAS WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1 A new Chapter 13.01 establishing regulations for park use within the City is hereby
added to the Menifee Municipal Code to read in its entirety as follows:
"CHAPTER 13
REGULATIONS FOR THE USE OF PUBLIC PARKS
Section
13.01.010 Purpose
13.01.020 Authority
13.01.030 Definitions
13.01.040 Rules and Regulations Adopted.
13.01.050 Dogs Permitted, Leash
Requirements, Exceptions, Conditions.
13.01.060 Animals Prohibited; Exceptions.
13.01.070 Animals Protected.
13.01.080 Animals; Removal of Feces.
13.01.090 Bicycle and Skateboard Riding Rules.
13.01.100 Designated Skateboarding Area Rules.
13.01.110 Camping; Permit Required.
13.01.120 Fires Prohibited; Exceptions.
13.01.130 Games; Restrictions.
13.01.140 Liquid Waste and Refuse, Polluting and Littering.
13.01.150 Excessive Sound Prohibited.
13.01.160 Injury To or Destruction of Park Property.
13.01.170 Signage.
13.01.180 Trails, Trespassing and Closed Ares.
13.01.190 Disorderly Conduct.
13.01.200 Alcoholic Beverages.
13.01.210 Controlled Substances Prohibited.
13.01.220 Solicitation Prohibited.
13.01.230 Firearms, Fireworks, and Toy Weapons Prohibited.
13.01.240 Dangerous Weapons Prohibited.
13.01.250 Park Hours and Closure.
13.01.260 Facility Reservation and Permit.
13.01.270 Applicability.
13.01.280 Restroom Use.
13.01.290 Smoking Prohibited.
13.01.300 Vehicle Maintenance Prohibited.
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13.01.310 Vehicles Prohibited on Surfaces other than roads for Public Use.
13.01.320 Parking of Recreational Vehicles in City Parks.
13.01.330 Water Prohibitions.
13.01.340 Severability of Parts of Code.
13.01.350 Penalties
§ 13.01.010 PURPOSE
The purpose and intent of this Chapter is to provide for necessary regulations for general
park use and to provide permit provisions for certain activity in public parks and recreation
areas and by doing so to protect public health, safety, and general welfare of people and
premises in the City, including the quiet enjoyment of City parks by enacting a permitting
process for groups of over twenty-five (25) individuals.
§ 13.01.020 AUTHORITY
This Chapter is adopted pursuant to the authority granted to the City of Menifee in Article
XI, Section 5(a) and Section 7 of the California Constitution.
§ 13.01.030 DEFINITIONS
As used in this Chapter, "park" shall include all public grounds, greenbelts, parks,
quadrants, plazas, buildings and school facilities when they are in use as recreational
centers and when they are under control of the City.
As used in this Chapter, 'open space area" shall include all publicly dedicated land owned
or under the control of the City for the preservation of natural, biological and/or cultural
resources.
As used in this Chapter, "City Manager" shall mean the City Manager or his/her designee.
§ 13.01.040 RULES AND REGULATIONS ADOPTED.
The rules and regulations set out in this Chapter are established and adopted for the use
of public parks in the City of Menifee. All persons using any public park or any facility
thereon in any manner shall obey all applicable rules and regulations herein established
or adopted at all times. Any persons desiring to vend or sell or offer for sale any
merchandise or article or thing whatsoever must have the written consent of the City
Manager and obtain business license(s).
Any and all individuals shall be provided equal opportunity for the use of any park and any
recreational program without regard to physical limitation, age, race, color, national origin,
religion, political beliefs or sex.
The following rules and regulations apply in all city parks, including special use parks,
unless expressly stated otherwise elsewhere in these regulations.
§ 13.01.050 DOGS PERMITTED, LEASH REQUIREMENTS, EXCEPTIONS,
CONDITIONS.
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A. Dogs permitted on-leash. Except as herein provided, no person owning or
having charge, care, custody or control of any dog shall permit or allow the same
to be in a public park unless such dog is restrained by a leash not more than six
feet in length and under the control of a competent person able to restrain such
dog.
B. Exceptions. The requirement for a dog to be on-leash while in public parks
shall not apply to the following:
1. Any dog used by a law enforcement agency.
2. A dog while participating in a dog obedience training program or a dog
obedience or conformation show authorized by the City Manager, although
such dog shall be on leash or otherwise restrained while not actively
participating in such show or program.
3. A dog within a posted leash optional area of the park as designated by
the City Council, provided, however, nothing herein shall relieve the owner
or person having charge, care, custody or control of such dog from the
responsibility to maintain proper control over such dog nor shall this
subsection be construed as relieving such person from liability for any
damages arising out of his or her use of a leash optional area.
C. Rules and Regulations for Dogs in Public Parks.
1. It shall be unlawful for any person owning or having charge, care,
custody of any dog in a public park not to immediately pick up and properly
dispose of the feces of such dog.
Proper disposal shall include the placement of such feces in a bag or other
container and its removal from the park and disposal in an appropriate
depository; provided, however, in designated leash optional areas, such
bag or other container may be deposited in a container, if any, designated
for such purpose.
2. No dog is permitted in any designated leash optional area in the custody
of a child twelve years of age or younger unless such child is accompanied
and supervised by a person at least eighteen years of age.
3. No person may have more than two dogs in a designated leash optional
area at any one time.
4. Any dog in a designated leash optional area must be under the voice
control of the person having custody of such dog while the dog is in said
area.
5. No dogs are permitted in a designated leash optional area except during
posted hours of operation.
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6. No person shall place a dog in a designated leash optional area which
is not over the age of four months, vaccinated for rabies and wearing a
current dog tag, or whose owner has within his or her possession said dog
tag.
7. No person shall place a dog that is sick or in heat in a designated leash
optional area.
8. No person shall place an aggressive dog, of any breed, in a designated
leash optional area even if such dog is on a leash.
9. Any person having care or custody of a dog in a leash optional area shall
quiet the dog if the dog barks.
10. No person shall bring any animal other than a dog to a leash optional
area unless otherwise specifically authorized by the City Manager in
writing.
11. The use of a leash optional area by the owner or other person having
charge, care, custody or control of a dog shall constitute agreement by that
person to follow the rules provided in this Subsection C, and his or her
agreement to protect, indemnify, defend and hold harmless the City and its
officers and employees from any claim, injury or damage arising from or in
connection with such use.
§ 13.010.060 ANIMALS PROHIBITED; EXCEPTIONS.
No person shall cause, permit, or allow any animal, bird, or reptile owned possessed by,
or in the custody or control of him or her, to be present in any park except:
A. Equine animals being led or ridden under control upon a bridle path or trail
authorized and provided for such purpose;
B. Equine or other animals which are hitched or fastened at a place expressly
authorized and designated for such purpose;
C. Dogs or cats when caged, or when led by a leash or chain not more than six
feet long, or when confined within the interior of a vehicle and under the control of
a competent person able to restrain said animal;
D. Dogs which have been specially trained for law enforcement purposes or which
are being used by blind or disabled persons to aid and guide them in their
movements;
E. Small animals, birds, reptiles, or otherwise are kept on the person of the
possessor at all times;
F. In connection with activities for which a Facility Reservation permit has been
obtained under this Chapter and in accordance with all conditions attached to such
permit.
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§ 13.01.070 ANIMALS PROTECTED.
No person shall hunt, frighten, disturb, chase, set a snare for, catch, injure, or maltreat
any domestic or other animal within a park, nor shall any person fish with hook and line,
seine, trap, spear or net, or by any other means, in any pond, lake, stream, or water within
a park, except at a place especially authorized and provided for such purpose. This
prohibition shall not apply to law enforcement personnel, nor to animal control officers, nor
to City employees or contractors acting within the scope of their official duties or contract
obligations.
§ 13.01.080 ANIMALS; REMOVAL OF FECES.
Any person causing, permitting, or allowing any animal, bird, or reptile owned or
possessed by him, or any animal, bird, or reptile in the custody of control of such person,
to be present in any park pursuant to the provisions of this Chapter shall immediately pick
up and properly dispose of the feces in a bag or other container, and its removal from the
park and disposal in an appropriate depository.
§ 13.01.090 BICYCLE AND SKATEBOARD RIDING RULES.
No person shall operate any skateboard, bicycle, or any propelled device or other similar
article or device in or upon any park, playground, trail, open space area or other area of
the City under the control of the City Manager/Community Services Department in willful
or wanton disregard for the safety of persons of property. While elsewhere within a park,
such devices shall be carried, pushed, of dismounted when moving from place to place.
No person shall operate such device upon the tennis courts within any public park in the
City except at or on a place especially authorized and provided for such purpose. If such
purpose is authorized, users are required to wear the authorized safety gear such as
helmet, wrist guards, elbow pads or said equipment for the authorized use of such activity.
§ 13.01.100 DESIGNATED SKATEBOARDING AREA RULES.
A. The following regulations shall apply to any facility, park or other area
designated by the City by resolution as a skateboarding area:
1. No person shall skate or skateboard at times other than established as
the hours of operation. The hours of operation shall be from thirty minutes
before sunrise and thirty minutes after sunset, except as otherwise posted
by City. No person shall use or remain in such facility in violation of this
section without written consent of the City.
2. No person shall use the skateboarding areas for uses other than
skateboarding and in-line skating, and hard wheel scooters.
3. No person shall use the skateboarding areas unless proper safety
equipment including a helmet, elbow pads, and knee pads are worn. All
such gear must be functional and protective, properly sized and designed
for their intended use at the skateboarding areas.
4. Every person under the age of fourteen must be supervised by an adult.
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5. No person shall ride or cause bicycles to be on the skating surface of the
skateboarding areas.
6. No person shall use alcohol or drugs in the skateboarding area.
7. All persons using the skateboarding area must place trash in cans
provided by the City or such persons shall be removed from the designated
skateboarding areas.
8. No person shall cause graffiti or tagging at or near the skateboarding
area.
9. No person shall skate on the curbs, sidewalks, fences, railings and/or
driveways of the City owned area surrounding the skateboarding area.
10. All persons using facility will adhere to park capacity rules.
B. Violations and Penalties. Violations of any provisions of this Section is
deemed to be an infraction and is punishable as such according to the provisions
of this Code and state law.
§ 13.01.110 CAMPING; PERMIT REQUIRED
No person shall camp, lodge or remain overnight, unless there is set aside, by the City
Manager, certain places for this purpose and a Facility Reservation permit has been
obtained from the City Manager/Community Services Department.
§ 13.01.120 FIRES PROHIBITED; EXCEPTIONS.
No person shall make or kindle a fire nor cook any meal within a park except in stoves or
other facilities authorized and specifically provided for such purpose. In barbecue grills
only charcoal is to be used. No fire shall be lit or maintained when the parks are closed,
except by written permission of the Director of City Manager/Community Services.
§ 13.01.130 GAMES; RESTRICTIONS.
No person shall play or engage in model airplane flying, model rockets, driving of golf
balls, archery, or any game of a hazardous nature within a park, except at such place as
shall be especially set apart and authorized for such purpose.
Persons playing upon turf areas, except playing fields, must wear smooth-soled footwear.
Footwear with cleats, spikes, or other specialty traction-enhancing surfaces whether
metal, nylon, rubber or plastic shall not be considered smooth-soled.
§ 13.01.140 LIQUID WASTE AND REFUSE, POLLUTING AND LITTERING.
A. Liquid Waste and Refuse. No person shall throw any stone or brush or dispose
of dishwater or other liquids or dispose of any garbage, empty container, or other
solid waste or material within a park, other than in receptacles or other facilities
provided for such disposal.
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B. Littering. No person shall bring into, leave behind, or dump any material of any
kind, whether waste or otherwise, in the park, except refuse, ashes, garbage and
other material arising from the normal use and enjoyment of a picnic or other
permitted activity provided such material is deposited in receptacles provided for
such purposes.
C. Polluting. No material of any kind shall be left or deposited in parks so as to
pollute the land, waters or air coursing through or over the parks or otherwise to
interfere with proper use and enjoyment of the park. No person shall throw, cast,
deposit, damage, lay, place or scatter in any swimming pool, lake, pond or
waterway on park property any glass, bottles, nails, cans or other sharp or cutting
substances of any kind. No person shall throw, case, lay, drop or discharge into or
leave in any waters in any park or any storm sewer or drain flowing into said waters,
any substance, matter or thing, liquid or solid, which may or shall result in the
pollution of said waters.
§ 13.01.150 EXCESSIVE SOUND PROHIBITED.
Park users shall not produce loud and unreasonable noise, including, playing music, using
amplification equipment or playing a musical instrument, which disturbs, injures or
endangers the health or peace of others after the designated park hours of operation
(Section 13.01.250).
§ 13.01.160 INJURY TO OR DESTRUCTION OF PARK PROPERTY.
No person in any park or recreation area shall:
A. Destroy, cut, break, deface, mutilate, injure, disturb, sever from the ground or
remove any sod, earth or growing thing including, but not limited to, any plant,
flower, flower bed, shrub, tree, growth, or any branch, stem, fruit or leaf thereof; or
bring into or have in his/her possession in any park any tool or instrument intended
to be used for the removal thereof except as approved and allowed by permit;
B. Set fire to any trees, shrubs, plants, flowers, grass, plant growth or living timber,
or suffer any fire upon land to extend into park lands;
C. Go upon any lawn, grass plot, planted area, tree, shrub, monument, fountain,
sculpture or structure where access is prohibited by signs or symbols which are
posted or otherwise displayed or where access is restricted by fence or other
physical barrier;
D. Cut, break or in any way injure, deface, destroy or alter any building, fence,
monument, sculpture bridge, or other structure or property contained therein;
E. Operate or drive any motor car, automobile or vehicle of any kind on park
property in such a manner as to cause the same to collide with, run against, strike
or cause to strike, injure, deface or damage any park property or appurtenance of
any kind;
F. Fasten any animal or attach any rope, sign, handbill or other things to any tree
or shrub or to any protective device around any tree or shrub growing in any park;
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G. Allow any animal to injure or deface any tree, plant, shrub, lawn or grassplot in
any manner whatsoever;
H. Fasten any bicycle, motorcycle, moped or other vehicle to or leave the same
standing so as to injure any tree, shrub, lawn or grass plot; or
I. Deface, destroy, cover over or otherwise make unreadable any warning or
prohibitory sign or symbol on park property.
§ 13.01.170 SIGNAGE.
No person shall post signs or handbills on fences, buildings or park amenities, unless
authorized by the City Manager, and in accordance with the City's existing sign ordinance
(Riverside County Ord. No. 348, adopted by City at incorporation).
§ 13.01.180 TRAILS, TRESPASSING AND CLOSED AREAS.
A. Designation and Use. The City Manager may designate operations for
horseback riding, bicycle riding, hiking trails, trailheads and restrooms in the open
space area. The City Manager may also designate closed areas where entry is
prohibited in the interest of public convenience or safety or for the preservation
and protection of natural or cultural resources. No person may leave a designated
trail in any open space area on foot, bicycle, horseback or otherwise other than at
designated entry or exit points, except for law enforcement, lifesaving or
emergency purposes or for open space area management. No person shall enter
on foot, bicycle, horseback or otherwise any open space area or any trail or road
that the City Manager has authorized be posted as a closed area.
B. Gates. No person shall unlock or otherwise open a locked gate without advance
permission from the City or its authorized agents. No person opening a closed gate
shall proceed beyond said gate without first closing it.
C. Closure. The City Manager may close an open space area and facilities and
portions thereof when such areas and facilities are filled to capacity, when use of
such areas and facilities will adversely impact sensitive species and habitat or
when a hazardous condition poses potential danger to citizens, City employees or
City property, or for repair and/or renovation of facilities and amenities.
D. Right-of-way. All persons shall observe posted right-of-way restrictions on any
trail, path, walkway, parking lot or road owned, operated or managed by the City.
This requirement shall also apply to any"trail courtesy" right-of-way regulations for
multiple-use trails as may be promulgated by the City Manager.
§ 13.01.190 DISORDERLY CONDUCT.
Public parks are for the enjoyment and benefit of those persons who desire to use the
facilities in an orderly manner. Disorderly conduct shall include such things as:
A. Use of offensive words which are inherently likely to provoke an immediate
violent reaction;
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B. Throwing of rocks, stones or other missiles;
C. Firing, discharging or carrying firearms or other dangerous weapons in the park,
unless being used in connection with a city sanctioned or approved event.
Weapons prohibited under this section will include, but not be limited to: firearms,
any gun, pistol, bow and arrow, slingshot, or any type of object or device capable
of propelling a projectile and exposed knives, daggers, and martial arts weaponry.
D. Discharging or carrying any firecracker, or other fireworks, except by permit;
E. Playing any game of chance, or operating any gaming table or instrument, or
equipment designed for such game of chance;
F. Begging or soliciting contributions or subscriptions, except by permit;
G. Climbing upon or tending to deface, any wall, fence, shelter, building, structure
or other public facility or equipment; and/or
H. Any other violation of any section of the Penal Code sections of the State
relating to disorderly conduct.
I. Persons who are boisterous or publicly offensive to park users or nearby
residents, or regarded in disorderly conduct shall be asked to cease such activity
and upon failure to do so may be required to leave the park. All persons doing any
act or thing injurious to any public area shall be removed therefrom by the
appropriate public official or his or her agent, or by the police department.
§ 13.01.200 ALCOHOLIC BEVERAGES.
No alcoholic beverage shall be sold, brought within, given away, delivered or consumed
on park property except with a Facility Reservation permit issued by the City Manager
pursuant to this Chapter and securing required ABC licensing for intended use.
§ 13.01.210 CONTROLLED SUBSTANCES PROHIBITED.
The provisions of the California Uniform Controlled Substances Act are applicable in city
parks and shall be enforced and prosecuted in accordance with the provisions thereof.
§ 13.01.220 SOLICITATION PROHIBITED.
No person shall practice, carry on, conduct or solicit for any commercial occupation,
business or profession in any city park, or sell or offer for sale or charitable distribution
any food, beverage, merchandise, article or anything whatsoever in any public park. This
section shall not apply to any person acting pursuant to a contract with the City or the City
Manager/Community Services Department, or under a permit granted by the City
Manager.
§ 13.01.230 FIREARMS, FIREWORKS, AND TOY WEAPONS PROHIBITED.
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No person shall carry or discharge firearms,firecrackers, rockets,torpedoes or other types
of explosives, or carry or discharge any gun, or pistol, or any sling shot or similar device,
or any bows and arrows, or any other object capable of propelling a projectile, or carry or
use any object calculated to make a noise sufficient to disturb the peace or quiet of the
park, or bring into any park any of the above objects or articles. Fireworks may be
permitted for special events only with formal approval from the City Council, fire
department, and City Manager/Community Services Department.
§ 13.01.240 DANGEROUS WEAPONS PROHIBITED.
The provisions of the California Dangerous Weapons' Control Law are applicable in city
parks and shall be enforced and prosecuted in accordance with the provisions thereof. No
person shall carry on his person, in plain view, any knife with a blade in excess of three
inches. Daggers are strictly prohibited.
The provisions of this section shall not be deemed to prohibit the carrying of ordinary tools
or equipment for use in a lawful occupation or for the purpose of lawful recreation.
§ 13.01.250 PARK HOURS AND CLOSURE.
A. Hours of Operation. All unlighted parks owned by the City of Menifee or to be
hereafter owned by the City of Menifee, shall be closed from thirty minutes after
sunset of one day and thirty minutes before sunrise of the next day except for those
uses noted under Section C (Exceptions) below. All lighted sports fields shall be
closed from 10:00 pm of one day and thirty minutes before sunrise of the next day.
B. Closed Parks. Subject to the exceptions as indicated in Subsection C, it shall
be unlawful for any person and/or vehicle to be present in or use any closed park
as indicated in Subsection A.
C. Exceptions. The park hours listed above shall not apply to persons:
1. Attending events sponsored by the City Manager/Community Services
Department or the events or activities conducted pursuant to a written
permit issued by the City Manager;
2. Engaged in City business;
3. Engaged in an authorized City program or activity; or
4. Engaged in an activity at a City park or community center for which a
City Facility Reservation permit authorizing use during non-daylight hours
has been obtained from the City Manager/Community Services
Department.
D. Emergency Park Closure.Whenever a danger to the public health or safety is
created in any public park by such causes as flood, storm, fire, earthquake,
explosion, accident or other disaster, or by riot or unlawful assembly, the City
Manager or designee may close the area where the danger exists for the duration
thereof to any and all person not authorized to enter or remain within such closed
area. No unauthorized person shall willfully and knowingly enter an area closed
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pursuant to this section nor shall willfully remain within such area after receiving
notice to evacuate or leave the area.
§ 13.01.260 FACILITY RESERVATIONS, PERMITS AND APPEALS.
A. Reservations for Activities in Parks and Park Facilities. The City Manager
or designee shall be responsible for scheduling and controlling the use of parks
and park facilities, or portions thereof, for the benefit and participation by interested
public and private persons and groups. Any person 18 years or older desiring to
reserve any football field, soccer field, ball field, tennis court, swimming pool, picnic
facility, open space area or other park facility, shall apply for a permit. Such
application shall be in writing, giving the name of the facility, the proposed use, the
date of its proposed use, and the person to whom the permit is to be granted. The
person of group to whom the permit is to be granted shall abide by the policies and
procedures of that facility. Any person not having a Facility Reservation Permit for
the use of a recreational facility shall surrender or turn over possession of said
recreational facility to an individual or group in possession of a Facility Reservation
Permit for the use issued by the City Manager of said facility. It shall be unlawful
for any person not having a permit issued by the City Manager to refuse or fail to
surrender the use of any recreational facility, regardless of whether the facility is
reserved for use.
B. Activity Requiring Facility Reservation Application. The following activities
on park property shall require a Facility Reservation Application.
1. An event, which is held on a regular/re-occurring basis (i.e. weekly, bi-
weekly or monthly) involving more than twenty-five (25) individuals per day.
2. The commercial sale of any good or service merchandise or article or
thing;
3. The sale or service of alcohol;
4. Advertising or commercial activities;
5. Activities involving use of more than one park;
6. Creation or emission of any amplified sound, except from a radio,
recorder or other device possessed and used by an individual for his/her
own enjoyment and operated in such a manner so as not to interfere with
the use and enjoyment of another person;
7. Stationing or erecting any building, bandstand, stage, tower, tent,
canopy, scaffold, sound stage, platform, rostrum or other structure;
8. Use of any electrical or electronic device or equipment requiring outdoor
auxiliary power;
9. Bringing, landing or causing to ascend or descend or alight within a
public park, any airplane, helicopter, flying machine, balloon, parachute or
other apparatus for aviation;
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10. Use of mechanical rides (which may be permitted only on hard
surfaces);
11. Conducting any exhibit, music or dramatic performance, fair, circus,
concert, play, radio or television broadcast, other than a news transmission;
12. Exhibiting or displaying any motion picture, television program, light or
laser light display, or similar event;
13. Operating a vehicle, except upon a surface maintained and open to the
public for purposes of vehicular travel or designated as temporary parking
areas publicly;
14. Displaying, posting or distributing any placard, handbill, pamphlet,
circular, book or other writing containing commercial advertising on park
property; or
15. Bring onto park property a tame, non-domestic supervised and
controlled or restrained animal for limited non-commercial or promotional
purposes except for the specific animals under the specific conditions
provided for in this Chapter.
C. Exemptions from Facility Reservation Permit. A Facility Reservation Permit
shall not be required under this Chapter for the below-listed activities:
1. Activities conducted by a government agency within the scope of its
authority.
2. Funeral processions by a licensed mortuary.
3. An exempted activity is required to comply with the general regulations
governing public health and safety.
D. Reservation Procedure. Groups desiring to use City parks, park facilities, or
portions thereof, may request the City Manager or his designee to reserve the
same for such use. Persons or groups from within the City shall be given priority
over persons or groups from outside the City if a conflict in scheduling arises.
Requests for such use shall be submitted in writing to the City on the Facility
Reservation Application approved by the City Manager not less than 10 working
days in advance and not more than 18 months of the intended use. The City
Manager may permit a shorter or longer advance request time for good cause
shown. The Facility Reservation Application is available at the Department of City
Manager/Community Services and on the City web page. Upon the written
approval by the City Manager or his designee, the applicant must pay such fees
as approved by ordinance or resolution of the City, not less than 10 working days
in advance of the intended use. If the City Manager is not satisfied as to the
reasonableness of the proposed activity in relation to the use of the park by other
persons, or as the effect such use might have upon the peace of the neighborhood,
or if the City Manager is unable to agree with the applicant as to the conditions to
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be imposed, the request for a reservation shall be processed as a Special Event
Permit.
The scheduling of events on the following holidays will be considered on a case-
by-case basis and at the discretion of the City Manager: Independence Day,
Thanksgiving, day after Thanksgiving, Christmas Eve, Christmas Day, New Year's
Eve, New Year's Day, Easter and other holidays.
E. Permit Conditions. The City Manager may condition the issuance of a park
event permit by imposing reasonable requirements which are necessary to protect
the safety of persons and property, and to provide for adequate control of traffic.
These may include conditions concerning:
1. Alteration of the date, time, route or location of the event proposed on
the application;
2. Requirements for the area of assembly and disbanding of events;
3. Provision of first aid, sanitary or emergency facilities;
4. Requirements for event monitors or other method for providing notice of
permit conditions to event participants;
5. Restrictions on the number or type of vehicles or animals at the event;
6. Restrictions on the number and type of structures at the event and
inspection and approval of the structures by fire safety by the Riverside Fire
Department;
7. Compliance with animal protection ordinances and laws;
8. Requirements for use of garbage containers, cleanup and restoration of
park property;
9. Restrictions on use of amplified sound;
10. Compliance with any relevant ordinance or law in obtaining any other
legally required permit or license in addition to a park event permit; and
11. Security guards and/or plan.
12. Compliance with County Health requirements and regulations.
F. Insurance. The City Manager may also require the applicant to provide such
additional liability insurance, water, sanitary facilities and refuse receptacles as the
City Manager determines to be necessary for the protection of public health, safety,
and welfare in connection with the intended use.
G. Fees and Deposits. Fees and deposits required in respect to reservation
permits may include, without limitation, such amounts as may be determined by
ordinance or resolution of the City, to be necessary to compensate the City, for the
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administrative costs associated with the permit, as security for repair of damage to
the park or to park facilities, for costs of cleanup, and for extra personnel to regulate
conduct and traffic.
H. Clean-up and Repair Expenses. The Facility Reservation application form
shall provide that the applicant shall reimburse the City for all unusual or
extraordinary cleanup and repair expenses and for services provided by the City
arising out of the activity authorized by the permit.
I. Written Denials. With the exception of Facility Reservations for field allocation
(i.e.,baseball, softball, soccer), if no written denial or conditional approval is issued
within thirty (30) working days of the date on which a permit application is fully
completed, executed and filed with the City, the application shall be deemed to
have been granted a conditional approval pursuant to Subsection B above.
Provided, however, the City Manager may extend the period of review for an
additional ten (10) working days by issuance of a written notice of extension. If,
prior to the expiration of the extended review period, no written denial is issued,
the application for permit shall be deemed to have been granted a conditional
approval pursuant to Subsection B above.
For Facility Reservations for field allocation, the City Manager or his/her designee
shall have information regarding the field allocation application and process
through the City Manager/Community Services Department.
1. Notice of Extended Review or Denial or Issuance of Permit. Written
notice of denial or notice of extension shall be served on the applicant by
personal delivery, or by deposit in United States mail, with proper postage
prepaid, to the name and address set forth on the application for permit.
2. Contents of Notice; Grounds for Denial. Notice of denial of an
application for a park event permit shall clearly set forth the grounds upon
which the permit was denied and, where feasible, shall contain a proposal
by the City Manager, or his/her designee, for measures by which the
applicant may cure and defects in the application for a park event permit or
otherwise procure a park event permit. Where an application or permit has
been denied because a fully executed prior application for the same time
and place has been received, and a permit has been or will be granted to
the prior applicant authorizing uses or activities which do not reasonable
permit multiple occupancy of the particular area, the City Manager shall
propose an alternative place, if available for the same time, or an
alternative time, if available for the same place. The City Manager may
deny an application for a park event permit if the applicant or the person on
whose behalf the application for permit was made has on prior occasions
made material misrepresentations regarding the nature or scope of an
event or activity previously permitted or has violated the terms of prior
permits issued to or on behalf of the applicant. The City Manager may also
deny an application for permit on any of the following grounds:
a. The application for permit (including any required attachments
and submissions) is not fully completed and executed;
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b. The applicant has not tendered the required application fee with
the application or has not tendered any required user fee,
indemnification agreement, insurance certificate, or cleanup
deposit within the times required under this Chapter;
c. The application for permit contains a material falsehood or
misrepresentation;
d. The applicant is legally incompetent to contract or to sue and be
sued;
e. The applicant or the person on whose behalf the application for
permit was made has on prior occasions damaged park property
and has not paid in full for such damage, or has other outstanding
and unpaid debts to the City Manager/Community Services
Department;
f. A fully executed prior application for permit for the same time and
place has been received, and a permit has been or will be granted
to a prior applicant authorizing uses or activities which do not
reasonably permit multiple occupancy of the particular park or part
hereof;
g. The use or activity intended by the applicant would conflict with
previously planned programs organized and conducted by the City
and previously scheduled for the same time and place;
h. The use or activity intended by the applicant would present an
unreasonable danger to the health or safety of the applicant, or
other users of the park, or City employees or the public;
i. The applicant has not complied or cannot comply with applicable
licensure requirements, ordinances or regulations of the City
concerning the sale or offering for sale of any goods or services; or
j. The use or activity intended by the applicant is prohibited by law,
including but not limited to the Menifee Municipal Code and the
rules and regulations of the City Manager/Community Services
Department.
J. Amendment or Revision of Applications. Any amendment or revision of an
application for permit shall for purposes of determining the priority of the
application for permit, relate back to the original filing thereof. However, the time
in which the City Manager shall grant or deny the application for permit and serve
notice of such granting or denial shall be computed from the date of the
amendment or revision.
K. Right to Appeal. An applicant for a Facility Reservation Permit has the right to
appeal the following:
1. The denial of a permit;
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2. A permit condition;
3. The denial of a waiver of a certificate of insurance;
4. A determination that an applicant's insurance policy does not comply
with the requirements specified in this Chapter;
5. The requirement or amount of a cleanup deposit specified in this
Chapter; or
6. The retention of an applicant's cleanup deposit(in full or in part) because
of assessed damages or a fine pursuant to this Chapter.
L. Filing of Appeal. Within five (5) working days of the service of notice of
determination on any of the items set forth in paragraph D above, , an applicant
may file a written appeal from such determination with the City Manager. The City
Manager shall have five (5) working days from the date on which the appeal was
received in which to serve upon the applicant a notice that they have affirmed,
modified or reversed the decision. Such notice shall be deeded served upon the
applicant when it is personally delivered or when is it sent by United States mail,
with proper postage prepaid, to the name and address set forth on the application
for permit. If such notice is not served upon the applicant within five (5) working
days of the date upon which the appeal was filed, then the decision of the City
Manager shall be deemed reversed.
M. Form of Appeal.Any appeal filed pursuant to this Chapter shall state succinctly
the grounds upon which it is asserted that the determination should be modified or
reversed and shall be accompanied by copies of the application for permit, the
written notice of the determination of the City Manager/Community Services
Department and any other papers that are material to the determination.
N. Other Provisions of Law.The procedures or requirements of this Chapter shall
not affect or supersede the provisions of law or the issuance of fireworks,
structural, electrical or other permits by City departments prescribed elsewhere in
this Code, when such permits are otherwise required because of a particular
condition or requirement of the event on park property.
§ 13.01.270 APPLICABILITY.
The provisions of this Chapter shall apply to completed Facility Reservation
applications for Facility Reservation Permits submitted on or after the effective date
of this Ordinance.
§ 13.01.280 RESTROOM USE.
No person shall use any restroom, washroom, or dressing facility within a park when the
same has been designated for persons of the opposite sex, and said person shall not be
allowed to go within twenty feet of such restroom, except City employees or contractors
may enter upon such premises at proper hours for the purpose of cleaning, repairing,
monitoring, and securing. No person shall be in the same stall with another, except
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children six years of age and younger or any person in need of assistance who are
accompanied into such facility by an adult. No person shall cut or deface the walls of any
restroom or structure within the public parks or shall cut or write thereon.
§ 13.01.290 SMOKING PROHIBITED.
It is unlawful for any person to smoke or to dispose of any lighted match or cigarette, cigar
ashes or any flaming or glowing substance in any area of any park or open space
managed by the City Manager/Community Services Department and specifically
designated by sign as a prohibited smoking areas by the City Manager/Community
Services Department.
§ 13.01.300 VEHICLE MAINTENANCE PROHIBITED.
It is prohibited for any person, firm, or corporation to repair, lubricate, paint, prepare for
painting, add to, alter or overhaul any vehicle within any park. The term add to, as used in
this section, shall include within its meaning, the installation of any accessory to a vehicle.
§ 13.01.310 VEHICLES PROHIBITED ON SURFACES OTHER THAN ROADS FOR
PUBLIC USE.
No person shall stop, park, ride or drive any vehicle, horse, motor vehicle, or motorcycle
upon any path, trail, bridle path, or in any other area, unless it is posted or marked for
parking or designated for use of travel, within a park, playground or recreation area owned
or controlled by the City.
No person shall drive or otherwise operate a vehicle, as defined in California Vehicle Code
Section 670, in a park or upon any surface other than those maintained and opened to the
public for purpose of vehicular travel, except that vehicles may use such temporary
parking areas as may be designated by appropriate signs from time to time authorized by
the City Manager. This provision does not apply to the following:
1. Any vehicle being used for authorized City business;
2. Any police or other emergency vehicle performing an authorized mission;
3. Any vehicle which is within a park pursuant to written permission of the City
Manager.
13.01.320 PARKING OF RECREATIONAL VEHICLES IN CITY PARKS.
No person, group or entity shall park a recreational vehicle as defined in within a park or
recreation area owned or controlled by the City without first having obtained a permit from
the City Manager pursuant to this Chapter or otherwise obtained the permission of the City
Manager.
§ 13.01.330 WATER PROHIBITIONS.
No person shall swim, fish in, bathe, wade, row, sail, or operate any boat, craft, or other
device, on or in any pond, lake, stream, orwater within or into a park, except at such place
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City of Menifee Ordinance No. 2014-146
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or places authorized and provided by the City for such use; nor shall any person pollute
the water of any fountain, pond, lake, stream, or reservoir within a park or which would
carry pollution to the water of a fountain, pond, lake, stream, or reservoir within a park; nor
shall any person throw any stone, earth, or other article into any stream, pond, or lake in
any park in the City, and no person shall dislodge or remove any earth or stone from any
impounding dam in any such park.
§ 13.01.340 SEVERABILITY OF PARTS OF CODE.
It is declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this code are severable, and if any phrase, clause,
sentences, paragraph or section of this code shall be declared unconstitutional by the valid
judgment of decree of a court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
code.
§ 13.01.350 PENALTIES.
A. Unless otherwise specifically provided, any person violating any provision of
this Chapter shall be guilty of a misdemeanor, which shall be punishable by a fine
not exceeding one thousand dollars per violation, or imprisonment in the County
Jail for a period not exceeding six months, or by both fine and imprisonment, or
shall be guilty of an infraction, which shall be punishable by a fine not exceeding
two hundred fifty dollars.
B. In addition, in any case involving the destruction, defacing, removal or injury to
any park facility or park foliage the court may require restitution in an amount
necessary to reimburse the City for investigative costs and for the value of the item
or material destroyed, defaced, removed or damaged as well as any labor
expended to replant or restore the area, item or material affected."
SECTION 2. SEVERABILITY.
If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any
reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this ordinance, it being expressly
declared that this ordinance and each section, subsection, paragraph, sentence, clause and
phrase thereof would have been adopted, irrespective of the fact that one or more other section,
subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
SECTION 3. EFFECTIVE DATE AND POSTING
This ordinance shall take effect 30 days from the date of its adoption or July 1, 2014, whichever
is later. The City Clerk shall certify to the passage of this ordinance and cause the same to be
posted as required by law.
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PASSED APPROVED AND ADOPTED this 21 s` day of May, 2014, by the following vote:
AYES: August, Denver, Edgerton, Fuhrman, Mann
NOES: None
ABSENT: None '
Scott A. Mann, Mayor
APPROVED AS TO FORM:
Julig Biggs, City tto
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 2014-146 to be the original ordinance adopted by the City Council of
the City of Menifee on May 21, 2014 and that said ordinance was published in accordance with
the law.
Date:
KatTy Bennett, City Clerk
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