Title 16.16 Parks and Beaches

Question 1

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 1

A.
Lead or turn loose any animal. Except on bicycle paths, public beaches or public school grounds, this Subsection shall not apply to dogs when led by a leash no more than eight feet (8’) in length;

Question 2

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 2

B.
Cut, break, injure, deface, remove, or disturb any tree, shrub, plant, flower, fence, monument, or other structure, or store personal belongings in areas designated by the Director of Parks, Recreation and Marine. The Director of Parks, Recreation and Marine is authorized to place and maintain or cause to be placed and maintained proper signs designating the areas where such storage is prohibited;

Question 3

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 3

C.
Swim, bathe, wade in, or pollute any water fountain, pond, lake, or stream except in those places designated by the Director of Parks, Recreation and Marine for that purpose. The Director of Parks, Recreation and Marine is authorized to place and maintain or cause to be placed and maintained proper signs designating the prohibited activities;

Question 4

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 4

D.
Make or kindle any fire except in a permanent or portable enclosure installed or maintained by the City for that purpose;

Question 5

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 5

E.
Camp, except in areas designated by the Director of Parks, Recreation and Marine for that purpose. The Director of Parks, Recreation and Marine is authorized to place or maintain or cause to be placed and maintained proper signs designating permitted camping areas. As used in this Section, “camping” means residing in or using a park or beach for living accommodation purposes, as exemplified by remaining for prolonged or repetitious periods of time not associated with ordinary recreational use of a park or beach with one’s personal possessions (including, but not limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), sleeping or making preparations to sleep, storing personal belongings as above defined, regularly cooking or consuming meals, or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person(s) is using a park or beach as a living accommodation regardless of their intent or the nature of any other activities in which they might also be engaging;

Question 6

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 6

F.
Distribute, post or display any handbills, notices, papers, or any other advertising matter of any description, or offer or solicit for sale advertising or real estate;

Question 7

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 7

G.

Play or engage in any game except in those places designated for that purpose;

Question 8

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 8

H.
Throw or deposit any bottles, tin cans, broken glass, papers, clothes, iron or any rubbish or refuse except in the receptacles furnished for that purpose;

Question 9

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 9

I.
Play any musical instrument or any electrically amplified music in a manner which will disturb the peace and quiet of any neighborhood or person;

Question 10

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 10

J.
Ride upon or in any paddleboard, bellyboard, raft, canoe, float, or inflatable or rigid watercraft of any type upon any body of water, either temporary or permanent, within any public park without first having obtained a permit from the Director of Parks, Recreation and Marine;

Question 11

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 11

K.
Remain or stay, or store personal belongings, between the hours of ten o’clock (10:00) p.m. and one (1) hour before sunrise at any public park, public beach, public building or enclosure or public amphitheater or plaza. However, the Director of Parks, Recreation and Marine, in consultation with the Chief of Police, is authorized to alter hours of closing temporarily at any public park, public beach, beach and marina parking lot, public building or enclosure, or public amphitheater or plaza in the interest of public safety, health, or welfare, and no person shall remain or stay while any of the foregoing facilities are closed by the Director. This Subsection shall not apply to any person attending an activity, program, concession or special event, or the parking of a vehicle overnight, for which a City permit has been issued;

Question 12

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 12

L.
Leave any kite board control line laying on the beach when the parasail kite is not in use. Control lines should be secured in such a manner so as not to create an obstruction for any City equipment or vehicles, or for patrons of the beach;

Question 13

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 13

M.

Flying a kite within one hundred feet (100’) of the bike path;

Question 14

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 14

N.

Allowing kite control lines to cross the bike path while flying a kite;

Question 15

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 15

O.
Notwithstanding the provisions of Subsection 16.16.010.K:
1.
The beach from the easterly portion of Belmont Pier to the westerly portion of the Belmont pool building shall be open between the hours of ten o’clock (10:00) p.m. and twelve o’clock (12:00) midnight.
2.
Walking, jogging, or fishing (by members of the public having on their possession a valid California fishing license) shall be allowed on the wet sand of all beaches between the hours of ten o’clock (10:00) p.m. and twelve o’clock (12:00) midnight. “Wet sand” shall be defined, for the purpose of this Section, as that portion of the beach that is wet as a result of the wash of the waves or tidal action. Individuals may go to or come from the wet sand, for one of the purposes allowed, between the hours of ten o’clock (10:00) p.m. and twelve o’clock (12:00) midnight by the most direct route available at any given location.

Question 16

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 16

P.
On the Fourth of July, beaches and beach parking lots shall be closed from twelve o’clock (12:00) midnight to one (1) hour before sunrise;

Question 17

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 17

Q.
For holidays not enumerated in this Section or for special events for which a permit has been issued pursuant to Chapter 5.60 of this Code, the Director of Parks, Recreation and Marine, in consultation with the Chief of Police, may adjust the hours of operation of beach or beach parking lots so that they may be used until twelve o’clock (12:00) midnight on such occasions;

Question 18

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 18

R.
Smoking shall be banned on City beaches, the beach bike path and City beach launch ramps as more specifically set forth in Chapter 8.68 of this Code.

Question 19

16.16.010 Prohibited acts.
No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

Answer 19

S.
Entry Outside Posted Hours Prohibited. The Director of Parks shall be authorized to designate the hours of operation or the business hours for any fenced, gated, or otherwise enclosed grounds, area, structure or facility of the Department of Parks, Recreation and Marine by providing reasonable notice to the public by signs and/or posting. Except during the posted hours of operation or business hours, no person shall enter, occupy, remain, or otherwise be within any fenced, gated, or otherwise enclosed grounds, area, structure or facility without prior authorization from the Director of Parks, Recreation, and Marine or the Director’s designee. The hours of operation or business hours shall be posted at the public entry of each fenced, gated, or otherwise enclosed grounds, area, structure or facility subject to this Subsection. The provisions of this Section shall not apply to a peace officer, security officer, emergency personnel or employee of the Department of Parks, Recreation and Marine acting in an official capacity.

Question 20

16.16.015 Designated skatepark.

Answer 20

A.
“Designated Skatepark” means an area within a park or other public property which is posted as a skatepark permitting one (1) or more skate activities, and which is reserved exclusively, either during all hours of operation, or during posted times, for one (1) or more skate activities.
B.
“Director” means the Director of Parks, Recreation and Marine or his designee.
C.
“Skate activity” means the use of any non-motorized recreational apparatus with wheels.
D.
“Skater” means any person participating in a skate activity.
E.
The Director is authorized to temporarily designate an area on any public property as a designated skatepark.
F.
Skaters must wear a safety helmet, elbow pads and kneepads at all times while participating in a skate activity within a designated skatepark.
G.
No person, other than a skater as authorized and posted pursuant to Section 16.16.017, is permitted within a designated skatepark, except that spectators may sit or stand in areas designated for that purpose.
H.
No organized activity, event or competition shall take place in any designated skatepark without the written permission of the Director.
I.
No portion of any designated skatepark may be modified, altered, or added to in any manner without the written permission of the Director.
J.
Skate activities are limited within the designated skatepark to surfaces, equipment or obstacles installed for that purpose. No skate activity is permitted on walls or other boundary structures or seating areas immediately surrounding or adjoining the designated skatepark.
K.
Children under the age of fourteen (14) are not permitted to use skateparks without adult supervision.
L.
All non-motorized recreational apparatus with wheels shall be in good working order, properly equipped and in a condition which does not cause mud or dirt to be deposited in the skatepark.
M.
The Director is authorized to post additional rules he determines are necessary for the safe operation of the designated skatepark.
A violation of this Section shall be an infraction punishable by a fine of not more than one hundred dollars ($100.00) for a first offense and not more than two hundred dollars ($200.00) for a second offense within a twelve (12) month period. Three (3) or more violations of this Section within a twelve (12) month period may be charged as a misdemeanor.

Question 21

16.16.017 Non-motorized recreational apparatus with wheels in designated skateparks.

Answer 21

A.
“Bike Rider” means a person using a non-motorized recreational apparatus with wheels in a designated skatepark.
B.
“Non-motorized recreational apparatus with wheels” means any type of recreational or sports apparatus without a motor that is propelled by human force and moves on wheels, such as a bicycle, skateboard, scooter, in-line skates, etc.
C.
“Director” means the Director of Parks, Recreation and Marine or his designee.
D.
All non-motorized recreational apparatus with wheels shall be in good working order, properly equipped and in a condition which does not cause mud or dirt to be deposited in the skatepark.
E.
On a trial basis, the utilization of non-motorized recreational apparatus with wheels is permitted in all City owned skateparks during hours determined by the Director.
F.
Bike Riders must wear a safety helmet, elbow pads and kneepads at all times while riding within the skatepark.
G.
The Director is authorized to post additional rules he determines are necessary for the safe operation of the designated skatepark.
H.
The Director shall have the discretion to terminate the pilot program prior to its scheduled conclusion.
I.
This Section shall cease to be of any effect on February 28, 2013, unless extended.
A violation of this Section shall be an infraction punishable by a fine of not more than one hundred dollars ($100.00) for a first offense and not more than two hundred dollars ($200.00) for a second offense within a twelve (12) month period. Three (3) or more violations of this Section within a twelve (12) month period may be charged as a misdemeanor.

Question 22

16.16.020 Picnic permits

Answer 22

No event, picnic, celebration, parade, ceremony, service, or exercise involving more than twenty-five (25) persons may be conducted or held in or upon any public park, public building or place under the jurisdiction of the Recreation Commission without first obtaining a permit to do so from the Recreation Department or upon the granted tide and submerged lands without first obtaining a permit to do so from the Manager of the Marine Bureau.

Question 23

16.16.030 Climbing over bluff or cliff

Answer 23

No person shall climb over, upon, across, up or down any bluff or cliff bordering the Pacific Ocean in the City at any place other than a stairway or passageway maintained for the purpose of reaching the beach or ocean; provided, however, that this Section shall have no application to the owner, his agent, or licensee of property abutting upon the shore of the Pacific Ocean upon which there is any bluff or cliff.

Question 24

16.16.040 Sand removal.

Answer 24

No person shall remove and transport any sand from a public beach or other public place.

Question 25

16.16.050 Nudity.

Answer 25

No person shall appear, bathe, sunbathe, walk, or be in any public park, playground, beach, or the waters adjacent thereto in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering. This Section shall not apply to children under the age of ten (10) years.

Question 26

16.16.060 Sale or solicitation permit.

Answer 26

A.
No person shall offer, provide, sell, rent or solicit for sale or rent any goods, equipment, merchandise, food, beverage, service or instruction on, at or from any public beach, marina, park, street or within any public place, facility, building or structure situated upon the tide and submerged lands granted to the City by the State pursuant to Chapter 676, Statutes Of 1911, Chapter 102, Statutes Of 1925, Chapter 158, Statutes of 1935, as interpreted by Chapter 29, Statutes of 1956, first extraordinary session, and Chapter 138, Statutes of 1964, first extraordinary session, or situated at or adjacent to Colorado Lagoon, Marine Stadium East and Marine Stadium West without first obtaining a permit to do so from the Manager of the Marine Bureau.
B.
No person shall offer, provide, sell, rent or solicit for sale or rent any goods, equipment, merchandise, food, beverage, service or instruction in, at or from any public park or place under the jurisdiction of the Recreation Commission or on either side of streets contiguous therewith without first obtaining a permit to do so from the Director of the Department of Parks and Recreation.

Question 27

16.16.070 Hang gliding

Answer 27

No person shall launch or operate manned gliders, including, but not limited to, those now commonly referred to as “hang gliders”, from the top or face of any bluff or cliff bordering the Pacific Ocean in the City, without first obtaining a permit from the Manager of the Marine Bureau designating the time, the place, the operator and such conditions as may be required to assure public safety. The Manager of the Marine Bureau may refuse to issue any such permit if in his opinion to do so would cause undue danger or inconvenience to persons using the public beach or other property, or would require an undue expenditure of public funds to protect users of the public beach or other property.

Question 28

16.16.080 Park rangers

Answer 28

A.
Those employees of the City holding the classified position of Park Ranger and regularly employed as such and having the primary duty of protection of park property and preservation of peace therein are designated as peace officers for purposes of Section 12031 of the Penal Code while engaged in the performance of the official duties of the classified position of Park Ranger.
B.
Nothing in this Section is intended to or shall operate to change or shall have the effect of changing the status of employees of the City holding the classified position of Park Ranger from public or miscellaneous officers or employees to individual peace officers or safety members or classes of peace officers or safety members for purposes of retirement, workers’ compensation or similar injury or death benefits or any other employee benefit or benefits to which the employees would not have been entitled as a public employee prior to the adoption of this Section.

Question 29

16.16.090 Glass on beaches and bicycle paths.

Answer 29

No person shall possess any glass container, cup, jar, bottle or any other similar glassware on a public beach or bicycle path.

Question 30

16.16.100 Prohibition against overnight parking in Shoreline Park.

Answer 30

Except as provided in Chapter 16.54, no person shall park any vehicle, bus, camper, house car, trailer coach or any other vehicle adopted for human habitation or occupancy in Shoreline Park between the hours of twelve o’clock (12:00) midnight and five o’clock (5:00) a.m. The City Manager shall place and maintain or cause to be placed and maintained signs giving notice of the parking restrictions provided for in this Section.

Question 31

16.16.110 Restrictions on use of park above main library.

Answer 31

The park and grounds above the main library shall be closed for public use between the hours of six o’clock (6:00) p.m. and six o’clock (6:00) a.m.

Except for authorized public employees, no person shall use, occupy or enter the park and grounds above the main library between the hours of six o’clock (6:00) p.m. and six o’clock (6:00) a.m.

The City shall place and maintain appropriate signs giving notice of this restricted public use of this park.

A violation of this Section shall be an infraction subject to a maximum fine of one hundred fifty dollars ($150.00) for the first offense and two hundred dollars ($200.00) for the second offense. A third violation within any twelve (12) month period shall be deemed a misdemeanor.

Question 32

16.16.120 El Dorado Park West—Acts prohibited.

Answer 32

A.
No person shall fish or bring to or have possession of any fishing equipment at the lake off Studebaker Road in El Dorado Park West. “Fishing equipment” includes hook, line, sinker, fishing rod, net, or any other equipment or item used to catch fish. Fishing equipment brought to or possessed at the lake in El Dorado Park West may be confiscated by a peace officer or Park Ranger.
The City Manager or his designee is authorized to place and maintain signs giving notice hereof.

B.
A violation of this Section shall be an infraction punishable by a fine of not more than one hundred dollars ($100.00) for a first offense and not more than two hundred dollars ($200.00) for a second offense within a twelve (12) month period. Three (3) or more violations of this Section within a twelve (12) month period may be charged as a misdemeanor.

Question 33

16.16.130 Biological reserve—Acts prohibited.

Answer 33

A.
Cut, break, injure, deface, remove or disturb any plant, or capture, trap, injure, remove or kill any animal, provided, however that: (1) with the permission of the City’s Director of Parks, Recreation and Marine, volunteers may engage in maintenance and study activities consistent with the protection and propagation of native species of plants and animals in self-sustaining habitats, with the education of the public about native plants, animals and their habitats, and with the appreciation and viewing of native plants, animals and their habitats; and (2) with a permit from the City’s office of special events, filmmakers may use a portion of a biological reserve for filming as long as they do not disturb plants or wildlife.
B.
Swim, bathe or wade, or sail, paddle, or row any boat, canoe, raft, paddleboard, bellyboard, surfboard, or inflatable or rigid watercraft, or fish, spear, or net any sea creature, or operate a model boat in water areas, except that these activities may be performed under the supervision of an employee of the Department of Parks, Recreation and Marine.
C.
Plant, water, or nourish any plant, or release any animal, or feed or provide water for any animal except with the permission of the Director of Parks, Recreation and Marine.
D.
Lead, walk, or turn loose any animal. This Subsection shall not apply to dogs when led by a leash no more than eight feet (8’) long if there is a sign posted that permits this activity.
E.
Make or kindle any fire except under the supervision of the Fire Department.
F.
Walk off established trails.
G.
Ride or drive a bicycle, skateboard, roller skates, in-line skates, scooters, razors, or any other wheeled vehicles, motorized or nonmotorized, on or off trails, unless there is a sign posted to allow such activities.
H.
Enter, except during the hours posted for public access.
I.
Camp or engage in any activity prohibited in Section 16.16.010