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Home My WebLink AboutAgenda Report - May 6, 2015 I-01AGENDA ITEM 1: r I df'% CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Introduce an Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 12 — Streets, Sidewalks and Public Places, By Repealing and Reenacting Chapter 12.12 — "Parks" in its Entirety; and Further Repealing and Reenacting Chapter 12.16 — "Permits For Use of City Facilities" in its Entirety MEETING DATE: May 6, 2015 PREPARED BY: Parks, Recreation and Cultural Services Director RECOMMENDED ACTION: Introduce an ordinance of the City Council of the City of Lodi amending Lodi Municipal Code Title 12 - Streets, Sidewalks and Public Places, by repealing and reenacting Chapter 12.12 — "Parks" in its entirety; and further repealing and reenacting Chapter 12.16 — "Permits For Use of City Facilities" in its entirety. BACKGROUND INFORMATION: Lodi's various park and facility ordinances are outdated and no longer reflect the Parks, Recreation and Cultural Services' (PRCS) organizational structure and, in many cases, fail to address the changing ways the public uses parks. As a result, the Parks and Recreation Commission met numerous times since late 2013 to study and recommend what changes are needed. It first examined commercial use of parks and the discussion evolved to address the impact of large groups and athletic teams in parks. Finally, the Commission took on the issue of smoking in parks. After a line -by-line review of the attached proposed ordinances at its April 7 meeting, the Commission voted unanimously to recommend adoption by the City Council. The proposed ordinances are not overly inventive. They are, in fact, a blend of ordinances existing in cities and agencies from San Joaquin County, Northern California and elsewhere in the United States, and reflect the Commission's efforts to shape them to fit Lodi's needs. If adopted, none would be unique to Lodi. The new codes: 1) Protect the public's investment in City parks from overuse and damage, which is occurring 2) Ensure the public has continued access to public spaces and discourage disproportionate uses without compensation, which is occurring 3) Protect the City taxpayers from unnecessary liability, which is occurring 4) Create an orderly system for groups and athletic teams to reserve park space, which is needed 5) Protect City taxpayers from providing hidden subsidies to businesses, which is occurring 6) Reduce existing levels of litter and promote public health 7) Properly describe PRCS' organizational structure 1 - APPROVED: R phen c a aue , City Manager Introduce An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 12 - Streets, Sidewalks and Public Places, By Repealing and Re -Enacting Chapter 12.12 - "Parks" in its Entirety; and Further Repealing and Re -Enacting Chapter 12.16 - "Permits For Use of City Facilities" in its Entirety May 6, 2015 Page 2 The following provides an overview of the four major areas addressed in the proposed ordinances: commercial use, large group/athletic field use, a smoking prohibition and revisions related to the structure of PRCS. The proposed changes will affect two chapters of the Lodi Municipal Code: 12.12 — Parks; and 12.16 — City Facilities. The proposed changes to Chapter 12.12 are mostly related to the structure of PRCS since the Parks and Recreation's merger with Hutchins Street Square, and the smoking prohibition. Chapter 12.16 overhauls the existing chapter by streamlining redundant language, and establishes the permit process for commercial and large group or athletic team use of parks. Lastly, some of the proposed ordinance provides clarifying language or other minor changes. Commercial use Enterprising businesses have capitalized on the recent increased interest in outdoor fitness programs such as "boot camp" -type training and general exercise. Some of these operate from storefront locations, such as one next to the Parks Division offices on Stockton Street. Others, however, are using taxpayer -funded parks as their place of business, avoiding the overhead expense that comes with indoor space, such as servicing restrooms and emptying trash. City staff has witnessed several instances of fitness classes taking place at DeBenedetti, Legion, Hutchins Street Square, Hale and Lodi Lake parks. In the case of DeBenedetti Park, the users meet early Saturdays, flip tractor tires on the turf and leave hay bale debris scattered on the road, sidewalk and turf areas (see attached photo). Staff has met several times with a person operating an exercise business at Legion Park. She charges between $49 and $59 a month for the service, has a City business license, and says other cities require insurance and a permit for her type of business. Her comments have been valuable in helping the Recreation Commission craft this proposed ordinance. In recent weeks, a business began offering a youth soccer program for children in two parks without notifying PRCS, and yet another free crossfit class began in March at DeBenedetti Park as a business marketing effort. No notification was provided to PRCS for this weekday evening program, although it is being advertised to the public and has now moved to Katzakian Park. Staff believes the issue of commercial use in parks is similar to others already regulated by the City. The Lodi Municipal Code already prohibits selling products in City parks without a permit. This would expand that restriction to services, completing the terms of a sale or an activity conducted by a business, unless a permit is first obtained. Similarly, the Public Works Department has an encroachment permit process for businesses or other groups seeking to have a special event in the public right-of-way. What the Recreation Commission endorses is an ordinance that is similar to those already in place in the cities of Stockton, Modesto, Tracy, Sacramento, West Sacramento and many others in California and nationally. The Council was presented a fee schedule recommended by the Recreation Commission at the January 23, 2015, shirtsleeve session and, with the Council's support at this meeting, the proposed fees will come before the Council following ordinance adoption. On February 3, 2015, the Recreation Commission unanimously endorsed a $75 annual fee for commercial photography in City parks. This came after a commercial photographer told the Commission that she supported an annual fee, rather than a per -use fee. Introduce An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 12 - Streets, Sidewalks and Public Places, By Repealing and Re -Enacting Chapter 12.12 - "Parks" in its Entirety; and Further Repealing and Re -Enacting Chapter 12.16 - "Permits For Use of City Facilities" in its Entirety May 6, 2015 Page 3 The proposed ordinance also would prohibit commercial activity at Lodi Lake Park unless it is conducted by a business with a City contract, in order to prevent competition with our existing concessionaire. Commercial activity also would be prohibited in parks on weekends and holidays — unless associated with the rental of the area -- so that the public may use them without interference. Bounce house operators and commercial photographers are exempt. Additionally, commercial activity would not be allowed in small neighborhood parks such as Van Buskirk and Candy Cane, and exercise equipment weighing more than 25 pounds could not be brought into parks without permission. Large group/athletic field use The Commission recommends a permit be required for any group of 25 or more people, any event advertised to the public, or for any sports team unaffiliated with City recreation programs. Many cities and park districts in California already have similar requirements, including Tracy, Stockton, Manteca, Sacramento, West Sacramento and Ripon. In the case of multiple requests for facilities, Lodi -based groups would have priority over others in reserving a field. Requiring permits under these conditions would allow Parks Division staff to respond to servicing needs created by groups, prevent conflicts between users, and allow staff to inform potential users of special maintenance projects or shortcomings that might affect their events. Many city parks suffer excessive wear due to unlimited use by athletic teams. Having this ordinance in place would help the Parks Division address wear -and -tear issues by better scheduling and allowing fields to rest and recover. In some cases, the users would be required to obtain insurance, which is consistent with groups reserving space at other City facilities, such as Hutchins Street Square, Grape Bowl, Zupo Field and others. Smoking prohibition The Recreation Commission unanimously recommends a change to the Parks ordinance that would ban smoking of any material — including "e -cigarettes" — and use of any tobacco product in a City park or park facility. At least 170 cities and counties in California have enacted bans on smoking in all of their parks, and more than 1,000 agencies throughout the country have adopted smoking bans in parks. The trend is growing, with 30 California municipalities passing ordinances restricting smoking in outdoor areas in 2014. In 2015 alone, the cities of Victorville; Pomona; Yountville; Turlock; Adelanto; Portland, OR; Ann Arbor, MI; Providence, RI; Albany, NY; Ocean City, MD; EI Paso, TX; and others have enacting bans on smoking in parks or are considering bans. Lodi once was a pioneer in passing smoking regulations. In 1990, the City Council adopted an ordinance — controversial at the time -- that prohibited smoking in public indoor spaces, making Lodi the first city in the United States to do so. The ordinance was challenged by smokers, but eventually upheld by voters with 60 percent supporting, and other cities began following Lodi's example. Five years later, the State Legislature passed a similar law. While many other California cities have taken additional action to protect public health outdoors, this has not happened in San Joaquin County. Earlier this year, the American Lung Association gave every city in San Joaquin County an "F" grade for their lack of tobacco control efforts. A ban would be a step toward Introduce An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 12 - Streets, Sidewalks and Public Places, By Repealing and Re -Enacting Chapter 12.12 - "Parks" in its Entirety; and Further Repealing and Re -Enacting Chapter 12.16 - "Permits For Use of City Facilities" in its Entirety May 6, 2015 Page 4 protecting the health of the 87 percent of residents who do not smoke and enjoy the health benefits of being outdoors, whether for socializing or recreation. A smoking ban would be consistent with the goals of the Lodi Chamber of Commerce's Vision 2020 plan, which in the Community and Business Health section on Page 28 states that Lodi should, "Build supportive environments by enacting laws or regulations (emphasis added), or by community effort to facilitate changes or improvements in attitudes and behaviors," and, "Protect the natural environmental by enacting laws and regulations to restore or preserve clean air and water, create open space, natural beauty, restrict the use and disposal of toxic substances ... " In addition to the health impacts of smoking, a smoking ban in parks would have a significant impact on reducing litter. Volunteers at the California Coastal Cleanup each September collect roughly 3,000 cigarette butts each year, and those butts that aren't collected by volunteers or park staff often have filters that are not biodegradable, leaching organic chemicals and heavy metals into the environment. Cigarette butts are the most littered item in the United States and the world. Smoking-related debris accounts for one-third or more of all debris items found on U.S. beaches and in rivers and streams, and a litter study in San Francisco found the cost of cleaning up cigarette waste was $7 million a year (source: Cigarette Butt Pollution Project). Staff recently removed cigarette receptacles outside of Hutchins Street Square and has seen a reduction in cigarette litter. Previously, staff frequently swept up cigarette butts left on the ground beneath or around the receptacles on a regular basis. A no -smoking ordinance also would have the benefit of reducing marijuana smoking in parks. Staff often sees youths congregating in parks (Hutchins Street Square, Kofu, Lodi Lake) and smoking marijuana. Approaching groups of smokers to determine whether they are smoking tobacco or some other substance is not practical for staff, including the Park Police Officers. A smoking curb would benefit other park users who don't appreciate the second-hand smoke and other associated behaviors. Like many other park ordinances, we expect a smoking ban to be self-regulating. Smokers are aware of limits on smoking in public places and the vast majority comply, and our park users also are aware of our ordinances and often educate violators. In a 2008 report by the California Clean Air Project on 10 communities that had banned smoking in parks, smoke-free park ordinances are largely self -enforced. "Public demand and expectation have made enforcement a non -issue," the report states. The exception to an outright ban is a section within the proposed ordinance that would allow the PRCS Director to establish smoking areas for City -sponsored events. Smokers would be allowed to light up within designated areas proposed ordinance allows the PRCS Director to establish smoking areas at City -sponsored events. This exemption, however, is opposed by some public health agencies that desire a comprehensive ban. The City of San Jose's Department of Parks, Recreation and Neighborhood Services has sent a letter in support of an outright ban on smoking in City parks. PRCS structure The existing ordinance was created before the merger of the Parks and Recreation Department with Hutchins Street Square. The proposed ordinance would update language that refers to the Department and the Director with the proper titles, and provides some more logical order to the ordinance, such as leading the chapters with administrative functions. In addition, it replaces more specific and potentially vague terms such as "park," with "Recreational Area," which would define all areas owned by the City of Lodi for recreational purposes. Introduce An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 12 - Streets, Sidewalks and Public Places, By Repealing and Re -Enacting Chapter 12.12 - 'Parks" in its Entirety; and Further Repealing and Re -Enacting Chapter 12.16 - "Permits For Use of City Facilities" in its Entirety May 6, 2015 Page 5 Other The proposed Chapter 12.12 also specifies that only tennis -related activities may be played on tennis courts (exceptions allowed by the PRCS Director, 12.12.250(8)), prohibits persons from bringing exercise equipment weighing more than 25 pounds into a recreational area unless allowed by the Director (12.12.258), and removes a blanket prohibition on posting signs in parks by allowing PRCS staff to do so in the course of their duties (12.12.070). The revisions include reducing improper parking of a bicycle in a park (12.12.350 and 360) from a misdemeanor to an infraction, and modifying existing ordinances to account for the needs of disabled park visitors. PRCS staff appreciates the time and attention the Recreation Commission spent on this matter, as well as the input from members of the public who helped craft this proposal. FISCAL IMPACT: Revenue collected from park permits will assist with additional maintenance. Gross revenue is estimated between $5,000 and $10,000 per year. A short-term increase in expenses related to signage. FUNDING AVAILABLE: Not applicable. --I 'YM Jeff Hood Parks, FiWeation & Cultural Services Director JH:tI cc: City Attorney Attachments CITY OF AM, s� TOSE CAPrrAL OF SILICON VALLEY April 6, 2015 Lodi City Council Members P.O. Box 3006 Lodi, CA 95241-1910 Parks, Recreation and Neighborhood Services Members of The City of Lodi City Council, Parks Division APR 15 2: San Joaquin County Agency and Organization Member Representatives American Cancer Society American Lung Association California Tribal TANF Partnership Community Medical Centers Evergreen Professional Hypnotherapy Center Health Plan of San Joaquin Housing Authority of the County of San Joaquin Manteca Unified School District Point Break Adolescent Services San Joaquin County Behavioral Health -Prevention Services San Joaquin County Office of Education San Joaquin County Public Health Services Stockton Unified School District U.S. Department of Health & Human Services Office on Women's Health SMOKING & TOBACCO OUTREACH/PREVENTION Program (STOPP) Community Coalition RECEIVED 1601 E Hazelton Avenue • Stockton, CA 95205 DEC Q 3 2014 PARKS & RECREATION November 25th, 2014 Jeff Hoods City of Lodi Parks, Recreation and Cultural Services 125 N. Stockton St, Lodi 95240 Dear Mr. Hood, The San Joaquin County Smoking & Tobacco Outreach/Prevention Program (STOPP) Community Coalition supports the adoption of a city-wide policy for smoke-free parks in Lodi. The STOPP Coalition has been advocating for community health since 1999 and is dedicated to reducing tobacco use and secondhand smoke exposure in San Joaquin County. This is achieved through partnerships with local community-based organizations, health care agencies, educators and tobacco control advocates. The STOPP Coalition also leads projects that positively impact social and cultural norms related to tobacco use, especially among youth, in San Joaquin County. Smoking remains the leading cause of preventable death in the United States. In addition to its link with lung cancer and Chronic Obstructive Pulmonary Disease (COPD), smoking is associated with various chronic conditions, such as stroke, high blood pressure and other cancers. Each year, San Joaquin County spends over $395,000 in direct and indirect health care costs related to smoking. Studies have proven that there is no safe level of second hand smoke. Lodi residents deserve to live in a healthy, smoke-free community. As community leaders, it is crucial to examine closely the potential dangers and adverse health effects smoking can have, and to provide the necessary protection. Prohibiting smoking and discarding tobacco -related waste in Lodi parks through the placement of NO SMOKING signs will send a strong message to the community that (Continued) Jeff Hoods City of Lodi Parks, Recreation and Cultural Services November 25th, 2014 Page 2 the health of its members, especially children, is a top priority. The STOPP Coalition commends the Lodi Parks, Recreation and Cultural Services for taking a stand in advancing awareness of smoke-free parks. Passage of this policy would put the city at the forefront of San Joaquin County cities to strive for a smoke free community. As a strong voice for health in the City of Lodi and throughout San Joaquin County, we stand united in our support of promoting smoke-free parks. Sincerely, Daniel Torres Frank Lucas STOPP Coalition Co -Chairperson STOPP Coalition Co -Chairperson Point Break Adolescent Resource Evergreen Professional Hypnotherapy and Personal Improvement Center American � Cancer 5aciety� November 25, 2014 Mr. Jeff Palmquist Lodi Parks & Recreation Services Commission 125 N. Stockton Street Lodi, CA 95240 Dear Chairman Palmquist and Members of the Commission: The American Cancer Society Cancer Action Network is committed to protecting the health and well-being of the citizens of Lodi, and we applaud the effort to create a smoke-free parks policy that will help to protect the citizens of your city from exposure to secondhand smoke. Lodi has a proud place in history in indoor smoke-free protections, and you now have the opportunity to protect a new generation of residents from exposure to smoke in parks and recreational areas. We encourage you to draft and pass an ordinance that will protect Lodi residents, while promoting health and fitness, in all of the places residents play, exercise and recreate. We support the prohibition of smoking, including the use of electronic smoking devices, in all public recreational areas, including parks, picnic areas, playgrounds, athletic fields, golf courses, hiking or walking paths, bike or riding trails, gardens, swimming pools, skating rinks and skateboard parks, and beaches. We also encourage you to extend these protections to sidewalks and streets adjacent to all protected areas. Smoking is the leading cause of preventable death in both men and women. Lung cancer kills nearly 13,000 Californians each year, and overall, one out of every three cancer deaths is due to tobacco. The U.S. Surgeon General has declared that there is "no risk-free level of exposure to secondhand smoke. Breathing even a little secondhand smoke can be harmful to your health." Even brief exposure to secondhand smoke has immediate adverse health effects in adults and children. Each year, over 3,400 non-smoking adults in the United States will die of lung cancer as a result of breathing secondhand smoke. The American Cancer Society Cancer Action Network encourages the creation and passage of a smoke-free parks and recreation ordinance for the protection of all residents of Lodi from exposure to secondhand smoke in the places they visit to promote health and fitness. Sincerely, Cassie Ray Government Relations Director, Northern California American Cancer Society Cancer Action Network American Cancer Society Cancer Action Network 980 91h street, Suite 2200 ■ Sacramento, CA 95814 - 707.290.0003 AMERICAN LUNG ASSOCIATION® Fighting for Air E -Cigarettes On April 25, 2011, the U.S. Food and Drug Administration (FDA) announced that e -cigarettes will be regulated as tobacco products unless the products are marketed as therapeutic, making a claim that e - cigarettes can help someone quit smoking for example. While FDA made the initial announcement that it intends to regulate most e -cigarettes as tobacco products, much more research is needed about the potential health effects of e -cigarettes. The American Lung Association urges the Obama Administration and FDA to move forward without delay to begin overseeing these products to determine the public health impacts of their use. What is an E -Cigarette? According to the FDA, electronic cigarettes, or e -cigarettes, are devices that allow users to inhale a vapor containing nicotine or other substances.' Unlike traditional cigarettes, e -cigarettes are generally battery-operated and use an atomizer to heat a refillable cartridge that then releases a chemical -filled vapor. E -cigarettes are often available in flavors that may appeal to children and teens, including cotton candy, bubble gum, chocolate, strawberry and mint.' Who Uses E -Cigarettes? • An increasing number of youth: According to CDC, the number of students in grades 6-12 reporting having ever used an e -cigarette doubled from 3.3 percent to 6.8 percent from 2011 to 2012. Recent use of e -cigarettes among students grades 6-12 increased from 1.1 percent to 2.1 percent 3 • Former and current smokers: According to CDC, during 2010 to 2011, adults reporting that they have used an e -cigarette increased among both sexes, those aged 45-54 years old, non -Hispanic Whites, those living in the South, and current and former smokers. One in five current cigarette smokers has used an e -cigarette, with their use higher than that of former or never -smokers a • Additional and on-going research is needed to understand the full public health impact of e - cigarettes, including their impact on youth initiation, whether current smokers are switching to these products instead of quitting or are using them in conjunction with regular cigarettes. What are the Health Effects of E -Cigarettes? The health consequences of the use of e -cigarettes and the vapor that they give off are unknown. There is currently no scientific evidence establishing the safety of e -cigarettes. No brand of e - cigarettes has been submitted to the FDA for evaluation of their safety' In initial lab tests conducted in 2009, FDA found detectable levels of toxic cancer-causing chemicals, including an ingredient used in anti -freeze, in two leading brands of e -cigarettes and 18 various cartridges.' The lab tests also found that cartridges labeled as nicotine -free had traceable levels of nicotine. There is no evidence that shows the vapors emitted by e -cigarettes are safe for non-users to inhale. The use of e -cigarettes in public places and workplaces may also complicate efforts to enforce and September 2013 comply with smokefree laws. Because e -cigarettes have not been thoroughly evaluated, the American Lung Association supports prohibiting the use of e -cigarettes under smokefree laws. Can E -Cigarettes Help Someone Quit Smoking? • The FDA has not approved e -cigarettes as an effective method to help smokers quit. The U.S. Public Health Service has found that the seven therapies approved by the U.S. Food and Drug Administration in combination with individual, group or phone cessation counseling is the most effective way to help smokers quit. Until and unless the FDA approves a specific e -cigarette for use as a tobacco cessation aid, the American Lung Association does not support any direct or implied claims that e -cigarettes help smokers quit. I U.S. Food and Drug Administration. "E -Cigarettes: Questions and Answers." September 9, 2010. Available at: http://www.fda.¢ov/ForConsumers/ConsumerUpdates/`ucm225210.htm. ' U.S. Food and Drug Administration. "FDA Warns of Health Risks Posed by E -Cigarettes." July 23, 2009. Available at: http://www.fda.gov/ForConsumers/ConsumerU pdates/`ucml73401.htm. 3 Centers for Disease Control and Prevention. "Electronic Cigarette Use Among Middle and High School Students — United States, 2011-2012." Morbidity and Mortality Weekly Report. September 6, 2013; 62(35):729-30. 4 King BA, Alam S, Promoff G, Arrazola R, Dube SR. "Awareness and Ever Use of Electronic Cigarettes Among U.S. Adults, 2010-2011." Nicotine & Tobacco Research. February 2013;15:1623-7. 5 U.S. Food and Drug Administration. "FDA and Public Health Experts Warn About Electronic Cigarettes." July 22, 2009. Available at: http://www.fda.gov/NewsEvents/Newsroom/PressAnnou ncements/2009/ucml73222.htm. 6 U.S. Food and Drug Administration. "Summary of Results: laboratory Analysis of Electronic Cigarettes Conducted by FDA." July 22, 2009. Available at: http:/Iwww.fda.gov/NewsEvents/PublicHealthFocus/ucml73146.htm. 4/28/2015 PLOS ONE: Vapors Produced by Electronic Cigarettes and E -Juices with Flavorings Induce Toxicity, Oxidative Stress, and Inflammatory Response in L... Vapors Produced by Electronic Cigarettes and E -Juices with Flavorings Induce Toxicity, Oxidative Stress, and Inflammatory Response in Lung Epithelial Cells and in Mouse Lung Chad A. Lerner, Isaac K. Sundar, Hongwei Yao, Janice Gerloff, Deborah J. Ossip, Scott McIntosh, Risa Robinson, Irfan Rahman Published: February 6, 2015 • DOI: 10.1371/journal. pone. 0116732 Absimt Oxidative stress and inflammatory response are the key events in the pathogenesis of chronic airway diseases. The consumption of electronic cigarettes (e-cigs) with a variety of e-liquids/e-juices is alarmingly increasing without the unrealized potential harmful health effects. We hypothesized that electronic nicotine delivery systems (ENDS)/e-cigs pose health concerns due to oxidative toxicity and inflammatory response in lung cells exposed to their aerosols. The aerosols produced by vaporizing ENDS e -liquids exhibit oxidant reactivity suggesting oxidants or reactive oxygen species (OX/ROS) may be inhaled directly into the lung during a 11vaping" session. These OX/ROS are generated through activation of the heating element which is affected by heating element status (new versus used), and occurs during the process of e -liquid vaporization. Unvaporized e -liquids were oxidative in a manner dependent on flavor additives, while flavors containing sweet or fruit flavors were stronger oxidizers than tobacco flavors. In light of OX/ROS generated in ENDS e -liquids and aerosols, the effects of ENDS aerosols on tissues and cells of the lung were measured. Exposure of human airway epithelial cells (H292) in an air -liquid interface to ENDS aerosols from a popular device resulted in increased secretion of inflammatory cytokines, such as IL-6 and IL-8. Furthermore, human lung fibroblasts exhibited stress and morphological change in response to treatment with ENDS/e-liquids. These cells also secrete increased IL-8 in response to a cinnamon flavored e -liquid and are susceptible to loss of cell viability by ENDS e -liquids. Finally, exposure of wild type C57BL/6J mice to aerosols produced from a popular e-cig increase pro -inflammatory cytokines and diminished lung glutathione levels which are critical in maintaining cellular redox balance. Thus, exposure to a-cig aerosols/juices incurs measurable oxidative and inflammatory responses in lung cells and tissues that could lead to unrealized health consequences. Citation: Lerner CA, Sundar IK, Yao H, Gerloff J, Ossip DJ, et al. (2015) Vapors Produced by Electronic Cigarettes and E- Juices with Flavorings Induce Toxicity, Oxidative Stress, and Inflammatory Response in Lung Epithelial Cells and in Mouse Lung. PLoS ONE 10(2): e0116732. doi:10.1371/journal.pone.0116732 ; ; Academic Editor: M. Firoze Khan, University of Texas Medical Branch, UNITED STATES ; Received: September 12, 2014; Accepted: December 12, 2014; Published: February 6, 2015 Copyright: © 2015 Lerner et al. This is an open access article distributed under the terms of the Creative Commons i Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited Data Availability: All relevant data are within the paper. Funding: This work was supported by the National Institute of Drug Abuse at the National Institutes of Health, NIH 1 (R21 DA036057 to RR and IR), NIH 2R01 HL085613 (IR), 1 R01 HL092842 (IR), and by the National Cancer Institute, NCI at the NIH (R01CA132950 to DJO, and R01CAl52093 to SM), pulmonary training grant T32 HL066988, and by the University of Rochester Clinical Translational Research Institute, CTSI 5UL1 RR024160 incubator project (IR). The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript. --- - Competing interests: The authors have declared that no competing interests exist. lT The consumption of electronic nicotine delivery systems (ENDS) and electronic cigarettes (e-cigs) is rising and currently scientific information necessary to inform the FDA and clinicians of potential health risks is lacking. Studies involving the effects of ENDS/e- cig liquids and aerosols on animal cells and tissues, in particular those of the lung, are lacking and the long-term outcome of chronic ENDS use is difficult to predict. Oxidative toxicity and inflammation are associated with increased risk of lung diseases caused by conventional tobacco products is well established [1 ]. However, there is no clear indication that inhaling aerosols from ENDS/e-cigs (as a cessation device) will allow a healthy outcome for users and furthermore, the manufactures that produce ENDS globally are not liable to disclose the materials and chemicals employed in their fabrication. Two independent studies have reported that certain flavored e -liquids exhibit differential in vitro cytotoxicity when applied directly to various cells independent of nicotine, suggesting potential toxicities are associated with flavor additives [2,3]. Other toxic chemicals including carcinogens which are not typically found in e -liquids may be released or generated from ENDS/e-cigs and have been http:/fjournals.plos.org/plosone/article?id=10.1371fjwnal.pone.0116732 1/16 SMOKE-FREE PARKS ENFORCEMENT BEST PRACTICES California State law has protected tot lots and play areas in parks from secondhand smoke for the past five years (Health & Safety Code Section 104350-104495). Enforcement has been accomplished through well-placed signage at playgrounds throughout the state. Today, scores of California cities and counties are taking even greater steps to reduce or eliminate secondhand smoke from outdoor venues, including parks, gardens, outdoor dining and beaches. • In the last four years, over 90 California cities and/or counties have adopted ordinances making local parks smoke-free. Thus far, California's Clean Air Project (CCAP) which keeps records of local tobacco control measures from around the state, has received no reports of noncompliance in regard to local smoke-free parks ordinances. • Local officials do report that the key to successful smoke-free outdoor policy compliance is the posting of clear comprehensive signage in the parks. Signage is often used by members of the public to reinforce the ordinance. Strategic signage creates gentle reminders of the smoking ban. It is a simple matter for a member of the public to point to a sign if they see someone smoking. • Notice, Notice, Notice!! A critical component in addressing smoking in parks is to create an environment that makes the law known to park users. It is important to publicize the law in as many forms of media as possible — especially through City Parks and Recreation Departments. • Based upon reports California cities and counties, the 90 smoke-free park ordinances currently enacted have been, by and large, self -enforcing. • Eighty six percent of Californians do not smoke. The vast majority of people do not wish to be subjected to secondhand smoke. The public is demanding that parks — a major place for family gatherings -- be smoke-free. Public demand and expectation have made enforcement a non -issue. 5/14/08 8 Breathe easy! Enjoy smoke-free parks in Redding! The City of Redding recently passed a smoke-free park facility ordinance. The law went into effect on November 16, 2012. Why is the City banning smoking from park facilities? The City conducted a survey of park users and found that the majority were concerned about exposure to secondhand smoke and tobacco litter at City parks. Here are some of the results: • 74.2% of park users support smoke-free parks & trails. • 86.3% of park users do not smoke. • 73.1 % of park users are bothered by smoking at parks & trails. • 94.1 % of park users would visit more or the same if there were smoke-free parks & trails. A copy of the park survey is available here. What does the law say about smoking in park facilities? Smoking of any substance is not allowed in all City of Redding park facilities. This law also reinforces that disposing of cigarette butts on the grounds of park facilities is considered litter. Violating the law is punishable as an infraction. What are park facilities? Park facilities are any park, trail, open space, skate park, building, or structure owned and managed by the City of Redding Community Services Department. Some examples are the grounds of the Redding Civic Auditorium, Sundial Bridge, parks, and the Sacramento River Trail. How do I report a violation? Community members may report violations of the policy by calling the Tobacco Violation and Information Hotline at (530) 225-5052. Would you like to quit smoking? Call the California Smokers' Helpline at 1 -800 -NO -BUTTS , a free telephone program that can help you quit smoking. You may also visit www.tobaccofreeshasta.org for local resources and information. Smoke-free Park Facility Policy: Redding Municipal Code Section 2.56.080 Redding Municipal Code Section 10.20.080 Smoke-free Park Facility Resources: FAQ Smoke -Free Parks Facilities Tobacco Litter Fact Sheet Smoking in Parks Fact Sheet Letter to Recreation Associations Letter to Event Organizers Community Services Department 2nd Floor City Hall 777 Cypress Avenue Redding, CA 96001 Phone: (530) 225-4512 Kim Niemer Community Services Director OF RFO building a • • -�• �iZ heafthler unityM Shasta County Public Health PC J Smoke-free Park Facility Policy: Redding Municipal Code Section 2.56.080 Redding Municipal Code Section 10.20.080 Smoke-free Park Facility Resources: FAQ Smoke -Free Parks Facilities Tobacco Litter Fact Sheet Smoking in Parks Fact Sheet Letter to Recreation Associations Letter to Event Organizers Community Services Department 2nd Floor City Hall 777 Cypress Avenue Redding, CA 96001 Phone: (530) 225-4512 Kim Niemer Community Services Director OF RFO building a • • -�• �iZ heafthler unityM Shasta County Public Health PC III � �y�;-�= ,; � � . �� . ► 11 11 1 I!1 _ _ brnfO ccs 'ex C L N 0 28 U N N c a C h E_� 4 3 0.34 •� Az ° �—�� € = bo M E o w 'm c m m x 8 C:tx c`.��. a�ELLdmE tor,E�Emy- 4 `e y- �'v�,a E E 2 ai Ua 14 otl�u�ai �Z �cW oodoo=V C± A a cN av .=Lm O �'L 0ti dMI 0 J t 0 ID c C C 4 �fi wig�a E 0Ea0 o om G N a !n Cm P c M c Em.® E ei m cmimtd�a°3 10 � .Z •� oq e`af °°?- a e � of m W �}°- D N •- c m c m mC �+0 -m a7 E E��»mm- m c mN.c Y`. E M y tai m m E = v 4 0- wIlo--. U a O �t�b m aB Id E tm�av OE Es, toa ow aca 0 C9 m .e W ch m m N m .�-• c 0 € 'c m s s a s E a x E VEL ''r c �a N.,=.a rf M S acaJ u m fri Q w a•p� �mmt C 0 d m a E :j; d Ds w a�SCC:saY�e a+L� Emcv a z`n WN Q z� wada0c��ptAO�a wd_pi�pw 4msm GO�Oam m G day,•Q7 O m chi m W E L1. E 3d a'm p WwVIW�°a Ol mc c t5«�'o c m C c Lu :z C`m 'S'i 'moi O•Z ap w m c'p.c E m m u,Z�LW "� Outdoor fitness business pursues permit from city By Ashlie Rodriguez contributing writer 8:57 p.m. June 18, 2010 Penelope Praske, 18 months old, drinks from her bottle as her mom, Staci Praske, and others exercise near the end of a Stroller Strides fitness class taught by instructor Crystalin Morris. — Charlie Neuman SAN MARCOS — For 10 years, Lisa Druxman has been on a mission — to cost herself money. The San Marcos mother has been running a stroller fitness business, but she's had to do it without a city permit. On Wednesday, in part because of her persistence, the San Diego City Council budget committee will consider offering a permit for outdoor fitness businesses to use city parks. The cost would be $93 per quarter, and Druxman said she would be happy to pay it for the legitimacy it will bring her business. Druxman's business, Stroller Strides, meets mainly in regional parks such as Balboa, Mission Bay and La Jolla Shores for stroller - incorporated aerobics. When she first started, there was no permit for such a business. "When I called, no one knew what to do with us and told us we didn't need a permit," Druxman said. Permits are mandatory for any commercial group using a city park, a requirement that put Druxman in limbo because there was no permit for her type of activity. "We didn't want to operate illegally at the parks and were frustrated there wasn't a permit for us. The other permits didn't fit us. So over the years we spoke to the City Council about finally creating a fitness permit." Druxman wanted a permit not only to avoid violating municipal code, but to be able to provide liability insurance for her business. The city has become more aware of outdoor fitness companies in recent years. San Diego -based IDEA Health Fitness Association's 2010 annual report shows 28 percent of the trade association's membership is made up of outdoor boot camps, 31 percent outdoor group activities and 32 percent outdoor personal training. The national trend is expected to increase next year as a majority of the members surveyed say the number of outdoor fitness companies is growing, the report says. Noticing the higher volume of groups exercising outdoors, the city banned all companies without a permit last month, citing a need for regulation. "in terms of the use for parks, we must maintain a balance between commercial business with private funding and general use," said parks director Stacey LoMedico. "Permits are the only way to regulate and know who's on your park site." But as Druxman pointed out 10 years ago, no permit for outdoor fitness companies existed. "Permits give small businesses like mine the opportunity to offer classes," Druxman said, explaining that without them, she and similar businesses are prevented from expanding. With the help of District 3 Councilman Todd Gloria, who worked with Druxman to get the city to provide a permit because Balboa Park is in District 3, the parks department decided to draft a regional park permit for adult fitness groups. Gloria expects council approval for the permit because its fee structure provides "balance" in encouraging small businesses to grow while accommodating the needs of residents. Gloria said he wants to ensure Balboa Park receives a'full cost recovery" from commercial use. "There's a desire to accommodate the permit," Gloria said. © Copyright 2015 The San Diego Union -Tribune, LLC. An MLIM LLC Company. All rights reserved. 4/14/2014 Print - Spotlig ht aston gazette comnr,Gsva, cc.„rr.Nc.a^e sumw,d::mcynmunn,m This copy is for your personal, noncommercial use only. Gastonia takes issue with outdoor exercise classes at parks By Michael Barrett Published: Saturday, November 2, 2013 at 00:32 Boot camp -style exercise classes have become popular with people who like to burn calories while breathing fresh air in a public park. But Gastonia is putting its foot down on the activity here for the time being. City recreation leaders have taken issue with for-profit groups that host the events, without reserving space, notifying the city beforehand or paying any type of fee. That decision didn't sit well with Jennifer Armstrong, founder of About Face Bootcamp, who hosts classes and touts the benefits of turning a public park into an outdoor gym. When city officials told her she'd have to temporarily stop holding such events at Gastonia's parks last month, she said she didn't appreciate their attitude. "My thoughts are that they're public parks and people should be able to use them,” she said. "We also rank high up there in obesity. People need to get active. Gastonia needs to get active." About Face Bootcamp brings clients outdoors for the majority of the workouts they sign up for, including boot camp, mud run training, basic training and group runs. Classes are held at locations such as Lineberger Park and Rankin Lake Park in Gastonia, Stowe Park in Belmont, and Goat Island in Cramerton, among other sites. The activ ities appeal to people who find gyms and fitness equipm ent intimidating, and others who enjoy getting fit while being outside in a supportive group. Armstrong points out that your body and a park bench or a set of stairs are typically all you need to get a good workout. `Non-scheduled use': Armstrong said she has clients fill out waivers, in which they accept responsibility for any injuries that may occur while they're exercising. But Gastonia Recreation Director Chuck Dellinger said the city wants to cross every legal't' to ensure it can't be held liable for accidents. There may be a greater opportunity for injury if people are using picnic tables and benches as steps, he said. Beyond that, there are other concerns. on a recent Saturday, Armstrong's group was involved in bringing more than 1 oo people to participate in a boot camp -style class at Rankin Lake Park, Dellinger said. The city felt it should have known about that ahead oftime, he said, particularly when it's renting picnic areas and other facilities to paying groups for family reunions and get-togethers. "Those (exercise classes) are fine in areas where limited parking's not a problem and there are no issues with park rentals for other functions," he said. "I don't want to call it an unauthorized use, but it's still a non-scheduled use we don't know about." City ordinances also state that parks and public spaces can't be used for personal gain, such as sales of merchandise or services, Dellinger said. When they are, the city typically works out an agreement with the vendor and charges some type of usage fee. "Ifyou're going out there and teaching one or two kids how to play tennis, and all the other courts are available, we're not going to come up there and ask about it," said Dellinger. "But if you've got a camp going with 4o kids and you're taking up eight courts, that's something we'd have to ask about." http:/Mwvw.gastongazette.com/spotlight(gastonia-tales-issue-with-outdoor-e)L-rcise-classes-at-parks-1.229049?ot=hmg.PrintPageLayout.ot&print=photo 1/2 4/14/2014 Print- Spotlight Working out the kinks: No such usage fee is in place for classes such as Armstrong's, but the Recreation Advisory Commission has agreed one needs to be established. "The agreement we're talking about could be as simple as a daily fee, and also rules about what you can and can't do," Dellinger said. The city wants to support such healthy initiatives and recognizes its benefits, he Said. "We want to see people get out and be active too," said Dellinger. "But when it involves personal gain, we've got to protect the city's interests." Armstrong said she appreciates the more welcoming reception she's gotten from places such as Cramerton, where no such concerns have been raised. There's also enhanced safety when people work out in numbers as opposed to jogging alone, for example — another point that should appeal to cities, she said. "Honestly, I love doing business with people who celebrate that you're there," she said. Gastonia recreation staffers plan to consult the city attorney and human resource risk management department for advice on setting up a fee schedule and formal Policy. Armstrong said she's not writing off working with Gastonia, paying what she must, and holding classes at its parks in the future. "The bottom line is I really want to see Gaston County healthy and fit so we can be more productive," she said. "If they're on that page, rd love to work with them." You can reach Michael Barrett at 704-869-1826 or tivitter.com/GazetteMike. Copyright © 2014 http://www.gastongazette.com —All rights reserved. Restricted use only. hftp:/AmmAt.gastorigazette.can/spotlightfgastonia-takes-issue-Wth-outdoor-exercise-classes-at-parks-1.229049?ot=hn)g.PrintPageLayout.ot&print=photo 2/2 m oi Fm O 0) Cl) U 0 00 N 0 0 E OC -J (D 0 (0 4) uj C:) U) o. 211 LOL 04 a m oi Fm Cl) a ILlu," E OC uj 0 M 2) c U (1) 0 Z 2 N O D 12 c,) C) 0 00 10 "t C", c "t co c 0:, E U) c 'o 0 ch (b v m cu E =cL < 42 76 C-4 Lo E oo a) C%4 -r- E +L U) oo c.0 C-4 7705 as 0 , c� >% LO LO L. 4� a) 0 �Lo CU = " N CO LQ) U) (D E 0 4a C.) 0 V 0 E (D �5 CL Ln Us o (4 w 0 I ry (.0 LL (L LL L6 m L d Nv dv H vi am W� L6 am 2 _ Q°CL am c w E ° O Y a '^ �' O L a s G °� 0 3 ami o L i.�d a ° u CLU) IA i c ro O u _ O L {� -r N Lo. d C 0.0 _ FA = -V V c CL0 3 .L ° "� O w L a U 3d x_ � Qi V p C O X cu 'a = w 3 m i y _ o 3 o Ri 0 M d 3 s Y 00 am Y � `° s .O o O 0 Fes- � y C N � a L a w � L V O N � c o y Q- o L E r°n a z° z° U) 0 z ami 41v v C>- 4° o a +s O y Y v= CL o o° 4Ln 4� CL v C E O ° a o s v C ;0 O ro N v v° U c� LA L � ro 4- $- `� Vn o 41 4- of -a E � p � _ �+ = 4- v v,= O fuE o o u>- +, t N v N ° v t v = u v v o v v E u V s N a v o O N Q 41 m d s v .° `� o N v L vM o o �a E (V ° v 3 NY°-aU +>Oo uu *'° O co o v .� O i o Q v v v 4' s v = d ad u O = 0 4. o Q m Ol J= N v �-+ o Ri cn >� N w u � ro � U N N L •u O ++ a v -O H '� O C = Q 1 Co O cd O O d N � U- c = v t U- v v c�� v d r u •U -0 i v w N a N U i = O N u cn i v �` ° O> v U L c� O-0 Cl E Lnw ' i u u U L i �4, E' i G�1 v E 3 O M +-' i o H N 4. N U a L O w Ou cn O U to +_7 O O v 0= A 3 = r a� o O 41 O N 41 v a N v s rd L (Q 4- v `� o +-, 3 U LL- O7 v yj o = ia) IV U .= H +'' _ u N fl. 0 Y u i1 h ++ +' "O -0 W S cd v p E cu cQ Q_ +> CL i O O r' O v H v= O Q 4A p Lp 0 = 'a � p c ° 0 L6 CL Qi 0.0 O L t=0 a i GJ �CL °, >. 3 O ca = ■L = L N •° s= V 4J ° d `~ E d c N 3 O N rd fJ O O L H E c -w 4-- 0 E L y= V d = a O MMINE! �. 0 d _ H c V L am`' C. fl. •_ d c Q i c 0 N ++ d N y ar CL GJ = C1 C O i = C ys Of t°J '� Q 0- w > L = N� IL a Ep� �cN Y�•�°; c°c-a�,� oc•'a�`M° �—�, 900)=o L i d! L W "o 47 4- a+ IMIMO= y M L d 0> d O I �Ol Ate.= pL� ,, =�CO.rn �+ H O a c •cn 4= a, H CL o L = �' 4_ 3 °' >' _ 4- 4) 00°v, ��aL,r' V°.'_^.'=o 3�•�'-a� tom- a=Wa- t V d V a lV L �• m lu U '° _ 'a 2 3 L eez = H" N >°� °' °> O ++ p 0 C v► d y 0 3 ��, '� Vl V a u o o N= v . VL °� L V o1V °O 4- LQJ 01 U. U. CL L 0 N M d to F- N cM to Photographers Question Hourly Fees for Professional Pictures at Parks - OzarksFirst.com Page 1 of 2 Photographers Question Hourly Fees for Professional Pictures at Parks 07/30/2013 06:58 PM Q 07/30/2013 08:35 PM $ Tl C 93 SPRINGFIELD, Mo. — The rules have been around since 2001, but recently photographers have complained about fees for taking professional pictures at Springfield -Greene County parks. Many professional photographers don't have studios; instead, they have their camera and their car. Their clients choose a location for their shoot. It's $25 an hour to use the city's public parks for photo shoot, but many photographers are unhappy with what they call unclear regulations and lack of enforcement. "I certainly can understand the city wanting to regulate who's doing business in their parks," says Craig Heidemann, a professional photographer. Photographers in the Ozarks are not annoyed by the fee they must pay to use public parks for their shoots, but there is something they are annoyed by. "I don't think the regulations are clear enough to give a practical mechanism that professional photographers can use to get the permit, to display the permit" adds Heidemann. "I think $25 per hour is just a bit steep, but I do think they need to charge something on a yearly basis. 1 think it would be easier for them to keep track of as well," says Debby Stratton, another professional photographer. The Springfield -Greene County Park Board says it is clear on ParkBoard.org (http://ParkBoard.org). It also says the city ordinance that requires a fee has never changed, but some photographers say times are changing. "We have lots and lots of photographers," adds Stratton. "We used to have 10-15 photographers in town that were considered outstanding photographers, and now we have 200-300." And many feel that the regulations are not clear. "There are inconsistent charges to shoot, for instance at the Mizumoto Japanese Stroll Garden versus shooting at Close Memorial Park, or the Botanical Garden — there's just a lack of consistency for photography," says Heidemann. Heidemann says he gets a different answer depending on who answers the phone at the Park Board. He says he just wants one thing: "a clear policy that applies to everyone, all the time, so that we don't have to guess." The Park Board denied an on -camera interview, but they say now that this has been brought to their attention they will address these concerns during their annual review. They have been in contact with parties interested in meeting with them. http://Www.ozarksfirst.comistory/photographers-question-hourly-fees-for-profes sional-pictures-a... 10/21/2014 Photographers Question Hourly Fees for Professional Pictures at Parks - OzarksFirst.com Page 2 of 2 "Nothing is more uncomfortable than having a docent from the Botanical Gardens or a park ranger approach you while you're shooting, with you as my client, who may have paid me a substantial sum, and be stopped and have them ask you for your permit or whether or not you've paid your permit for that day," says Heidemann. Many photographers agree that an annual pass to shoot in all of the parks would be helpful, as well as something to dip to their bag as proof that they paid. The Park Board says enforcement is currently an honor code. Photographers feel that this is also unfair when it comes to stopping photographers who aren't following the rules. The Park Board says its more than happy to take all of their comments into consideration. Page: 1 Copyright 2013 NexstarBroadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redishibuted. i1 finance and business (/tags?tag=finance and business) news (/tags?tag=news) top stories (/tags?tag=top stories) Tweet 63-j 5 You May Like http://www.ozarksfirst.com/story/photographers-question-hourly-fees-for-professional-pictures-a... 10/21/2014 ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 – STREETS, SIDEWALKS AND PUBLIC PLACES, BY REPEALING AND RE-ENACTING CHAPTER 12.12 – "PARKS" IN ITS ENTIRETY; AND FURTHER REPEALING AND RE-ENACTING CHAPTER 12.16 – "PERMITS FOR USE OF CITY FACILITIES' IN ITS ENTIRETY ------------------------------------------------------------------------ ------------------------------------------------------------------------ NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 12.12 "Parks" is hereby repealed and re- enacted in its entirety to read as follows: CHAPTER 12.12 PARKS RECREATIONAL AREAS Article I. General Provisions 12.12.005 Purpose. 12.12.010 Definitions. 12.12.012 Administration. 12.12.014 Fees and charges. Article II. General Rules 12.12.016 Certain Recreational Areas restricted to specific users. 12.12.018 Violation—Misdemeanor, unless otherwise specified. 12.12.020 Domestic animals. 12.12.030 c^'*^*t*Rq &R Solicitation. 12.12.040 Fires. 12.12.045 Glass bottles or similar containers, alcoholic beverages — prohibited in certain posted marks of fo^iWesRecreational Areas. 12.12.047 Smoking prohibited. 12.12.050 Entering closed areas. 12.12.055 Interfering with parks and recreation programs. 12.12.060 VeRding and peddloRgCommercial activity. 12.12.070 Advertising. 12.12.080 Posting signs. 12.12.090 Vandalism of buildings and improvements. 12.12.100 Removal of natural resources. 12.12.110 Damaging trees and plants—Digging. 12.12.120 Climbing—Inappropriate sitting. 12.12.130 Hunting—Wild animal molestation. 12.12.140 Feeding animals. 12.12.145 Bathing, swimming and wading—Designated areas. 12.12.150 Bathing, swimming and waterskiing—W here permitted. 12.12.160 Bathing, swimming and waterskiing—Hours. 12.12.170 Beach structures. 12.12.180 Boating—Where permitted. 12.12.190 Boating—Safety. 12.12.200 Boating—Hours. 12.12.210 Picnic areas—Use. 12.12.220 Picnic areas—Availability. 12.12.230 Picnic areas—Sharing. 12.12.240 Picnic areas—Cleanup. 12.12.250 Games. 12.12.255 Lodi Lake Nature Area—Prohibited activities. 12.12.257 Exclusion of individuals. 12.12.258 Use of park equipment for exercise. Article III. Traffic 12.12.260 Motor vehicle laws. 12.12.270 Direction. 12.12.280 Signs and signals. 12.12.290 Use of roads. 12.12.300 Parking—Where permitted. 12.12.305 Lodi Lake Park—Vehicle entry restrictions. 12.12.310 Parking—Double parking. 12.12.320 Bicycles—Safe operation. 12.12.330 Bicycles—Where permitted. 12.12.340 Bicycles—Extra rider. 12.12.350 Bicycles—Rack use. 12.12.360 Bicycles—Improper parking. Article IV. Enforcement 12.12.370 Authorized officers. 12.12.380 Election of violators. 12.12.390 Seizure of property. 12.1 400 Violation Misdemea Article V. Skate Parks 12.12.410 Skateboarding, roller-skating, and bicycling prohibited in certain areas; skate park regulations. 12.12.420 Skate park regulations. 12.12.430 Violations. Article VI. Waterfowl and Migratory Birds 12.12.510 Purpose. 12.12.520 Definitions. 12.12.530 Prohibited conduct. 12.12.540 Violations and Denalties. 12.12.550 Enforcement. 12.12.005 Purpose. 12.12.010 Definitions. 12.12.012 Administration. 12.12.014 Fees and charges. Article I. General Provisions 2 12.12.005 Purpose. The purpose of this chapter is to regulate the use of City parks and park facilities so that all persons may enjoy and make use of such parks and park facilities, and to protect the rights of those in the surrounding areas. 12.12.010 Definitions: For the purpose of this chapter, certain terms, phrases and words are defined as follows: A. "DnreGtor" meaRS the PeFSE)R WhE) holds the title of direGtor of reGreation and parks On the G4y.- "Annual" when used to define the term of a Park Permit shall refer to a calendar year. B. "Athletic Field" means a piece of land traditionally used for organized athletic or sporting event(s), including the adjoining spectator area. C. "Commercial Activity" means soliciting, selling, hawking, peddling, advertising, promoting or providing any goods, wares, merchandise, services, liquids or edibles for human consumption, distributing circulars, or utilizing Recreational Areas to complete the terms of a sale or provide a service as a result of a sale, or for an activity utilizing Recreational Areas that is conducted by a business, its employees or agents. D. "Department" means the Parks, Recreation and Cultural Services Department. E. 9 "Director" means the person who holds the title of Parks, Recreation and Cultural Services director in the city. F. "Electronic Smoking Device" means any product containing or delivering nicotine or any other substance including spices, herbs, or plant material that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed or sold as an e -cigarette, e -cigar, e - pipe, e -hookah, or vape pen, or under any other product name or descriptor. G. "Recreational Area" means any area, including streets and sidewalks, that is publicly owned, controlled or used by the City of Lodi, and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "Recreational Area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, amusement parks, and beaches. "P, k" meas a nary reservation, playground, beaGh, reGreatien Genter or any other area On the Gity, owned Or Used by the , and devoted to aGtiVe or passive ronreatiOn H. "Service Animal' means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. I. "Smoking" or "smoke" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah, or any other lighted or heated tobacco or plant product intended for inhalation, including marijuana, whether natural or synthetic, in any manner or in any form. "Smoking" also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. J. G. "Vehicle" means any wheeled conveyance, whether motor -powered, animal -drawn or self-propelled. The term includes any trailer in tow of any size, kind or description. Exception is made for baby carriages or strollers, and vehicles in the service of the city sRecreational Areas. 12.12.012 Administration. (Formerly 12.16.010) 1 A. All Recreational Areas, as defined herein, are under the administrative jurisdiction of the Director. B. The Director shall, in connection with his or her other duties, diligently enforce the provisions of this chapter (Formerly 12.16.150). 12.12.014 Fees and charges. (Formerly 12.16.020). The Director shall, from time to time, submit a schedule of fees and charges to be imposed for the use of Recreational Areas under the Director's jurisdiction, which fees and charges shall be effective upon adoption thereof by resolution of the city council. The Director shall collect the fees and charges for the use of designated Recreational Areas. Article II. General Rules 12.12.016 Certain Recreational Areas restricted to specific users. 12.12.018 Violation—Misdemeanor, unless otherwise specified. 12.12.020 Domestic animals. 12.12.030 SO1;^;+inn a'rr,&SoIicitation. 12.12.040 Fires. 12.12.045 Glass bottles or similar containers, alcoholic beverages — prohibited in certain posted narks or fa^;Rie Recreational Areas. 12.12.047 Smoking prohibited. 12.12.050 Entering closed areas. 12.12.055 Interfering with parks and recreation programs. 12.12.060 Vendonn and nor dlonn,Commercial activity. 12.12.070 Advertising. 12.12.080 Posting signs. 12.12.090 Vandalism of buildings and improvements. 12.12.100 Removal of natural resources. 12.12.110 Damaging trees and plants—Digging. 12.12.120 Climbing—Inappropriate sitting. 12.12.130 Hunting—Wild animal molestation. 12.12.140 Feeding animals. 12.12.145 Bathing, swimming and wading—Desiqnated areas. 12.12.150 Bathing, swimming and waterskiing—W here permitted. 12.12.160 Bathing, swimming and waterskiing—Hours. 12.12.170 Beach structures. 12.12.180 Boating—Where permitted. 12.12.190 Boating—Safety. 12.12.200 Boating—Hours. 12.12.210 Picnic areas—Use. 12.12.220 Picnic areas—Availability. 12.12.230 Picnic areas—Sharing. 12.12.240 Picnic areas—Cleanup. 12.12.250 Games. 12.12.255 Lodi Lake Nature Area—Prohibited activities. 12.12.257 Exclusion of individuals. 12.12.258 Use of park equipment for exercise. 12.12.016 Certain pafl-a-Recreational Areas restricted to specific users. The Director may designate in writing and by posting at the site, certainpaT,S, park faEiiitiesRecreational Areas or portions thereof, which are available for exclusive use only upon obtaining a Park Permit pursuant to Section 12.16.130. 12.12.018 Violation—Misdemeanor unless otherwise specified. Any person who violates any provision of this chapter is guilty of a misdemeanor, unless otherwise specified, and upon conviction thereof, shall be punished by a fine of not exceeding the maximum prescribed by law. 12.12.020 Domestic animals. A. Animals Prohibited. Notwithstanding subsection B of this section, no person having care or custody of a dog or other domestic animal shall allow such animal in any parl-Recreational Area, whether restrained or at large. For purposes of this section, an animal is "at large" unless tied, restrained by chain, strap or cord attached to its collar and actually held by some person or tied or restrained in an automobile or other vehicle, or unless staked or fastened or kept securely in an enclosure. This section shall not apply to dogs used by public law enforcement agencies, Service Animals, or nw to animals in parking lots or walkways adjacent to park -Recreational Areas. B._ Exceptions. The Director of reGreatiOR and marks shall be authorized to designate, by appropriate signs, specified Recreational Areas, parks or portions of "Recreational Areas in which it shall be permissible to allow dogs to be present without leashes or other restraints. The owner or handler of any dog present in such designated parks Recreational Areas shall be required upon request to present proof of a current rabies vaccination and licensing for such animal. C. Cleanup Required. It shall be the duty of any person having care or custody of any animal in a Recreational Area park -to clean up after such animal. All waste shall be collected by such persons and deposited in an appropriate receptacle or container. 12.12.030 c^'i^iting alm--Solicitation. No person in a park Recreational Area shall solicit alms or contributions for any purpose, whether public or private, without the explicit consent of the Director. 12.12.040 Fires. 5 No person in a pa* -Recreational Area shall build or attempt to build a fire except in such areas and under such regulations as may be designated by the Director. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park aRecreational Area or on any highway, road or street abutting or contiguous thereto. 12.12.045 Glass bottles or similar containers, alcoholic beverages andser tobaGG^ predUGts—Prohibited in certain posted narks er fa^iRecreational Areas. The parks and reGreatien Director may designate, by appropriate signs, those parks 0 fac-ilitiesRecreational Areas in which it shall be illegal to utilize or possess glass bottles or similar containers, and alcoholic beverages and or tobaGGO pr.,& +S of any nature. In such posted facilities, it is unlawful for any person to have in his or her possession any bottle or similar glass container or to posses or consume any alcoholic beverage or to smoke or et,T Rvise use 12.12.047 Smokina prohibited A. It shall be unlawful for any person to Smoke (as defined in Section 12.12.0100)) or use an Electronic Smoking Device (as defined in Section 12.12.010(F)) or use any tobacco product at any time, in or upon any Recreational Area, including Hutchins Street Square. Exceptions shall be made for the use or possession of prescription nicotine products. B. Smoking is prohibited during the performance or conduct of any City conducted or sponsored events in Recreational Areas, including but not limited to concerts, sports, entertainment, plays, ceremonies, carnivals, fairs, or training in any such location. Notwithstanding the foregoing, the Director is authorized to designate restricted areas within which the products containing tobacco or nicotine may be used at such a City conducted or sponsored event. 12.12.050 Entering closed areas. A. No person shall be present in any park -Recreational Area during the days and hours that such par -k -Recreational Area is designated by the Director as closed. Such days and hours shall be posted on signs at the entrances to such parkRecreational Area. B. Further, no person shall enter or be in an area posted as "Closed to the Public," or any fenced Recreational Area in which the entry gates are locked, nor shall any person use, aid or abet the use of any such area in violation of the posted notices. 12.12.055 Interfering with parks and reGreatien Parks, Recreation and Cultural Services programs. No person shall be present on any schoolyard or park within ten feet of the field of play of any field being used by a Department ad(-��+inn affiliated youth program for play, practice, or a game unless that person: A. Is a city approved volunteer or employee who has received Department of Justice fingerprint clearance; or B. Is a youth member of the team and/or program. 2 12.12.060 oCommercial activitv. A. No person in a oarkRecreational Area shall engage in any Commercial Activity in a Recreational Area as defined in Section 12.12.010 without a Park Permit issued by the Director or his/her designee as specified in Section 12.16.130. Such prohibition shall include sales activities that encroach on the sales rights of a vendor authorized to sell such products or services pursuant to a concession contract with the Department. B. Commercial Activities, as defined in Section 12.12.010, are prohibited at Lodi Lake Park, except for those by a licensed concessionaire acting by and under the authority of the Director, those associated with a rental of a Lodi Lake Park facility with Department permission, or Dhotoaraohers who have obtained a Park Permit from the Department. C. Commercial Activities as defined in Section 12.12.010, are prohibited in all Recreational Areas on weekends and city holidays except for those made by a licensed concessionaire acting by and under the authority of the Director, those associated with a park facility rental with Department permission, or photographers who have obtained a Park Permit from the Department. 12.12.070 Advertising. No person in a park -Recreational Area shall announce, advertise or call the public attention in any way to any article or service for sale or hire. 12.12.080 Posting signs. No person in a pa*—Recreational Area shall paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a parkRecreational Area, except for Department employees acting in the course and scope of their duties.... 12.12.090 Vandalism of buildings and improvements. No person in a park -Recreational Area shall willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. 12.12.100 Removal of natural resources. No person in a pafkRecreational Area shall dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. 12.12.110 Damaging trees and plants—Digging. No person in a park -Recreational Area shall damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant, nor shall any person 7 attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area Recreational Area. 12.12.120 Climbing—Inappropriate sitting. No person in a park -Recreational Area shall climb any tree or wall, stand or sit upon monuments, vases, fountains, railings or fences or upon any other property not designated or customarily used for such purposes. 12.12.130 Hunting—Wild animal molestation. No person in a park -Recreational Area shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal or bird, nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest or young of any bird. 12.12.140 Feeding animals. No person in a park -Recreational Area shall give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substances. 12.12.145 Bathing, swimming and wading—Designated areas. No person in a park shall swim, bathe and/or wade in any waters or waterway in or adjacent to any park -Recreational Area, except in areas which have been designated by the Director as areas where the activity is allowed. The areas where swimming, bathing and/or wading is allowed shall have official signs erected, designating the areas, and giving notice that the activity is allowed. 12.12.150 Bathing, swimming and waters kiing—Where permitted. No person in a pa*Eecreational Area shall swim, bathe, wade, or water ski in any waters or waterways in or adjacent to any park -Recreational Area, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are set forth in this chapter or may be adopted, nor shall any person frequent any waters or places customarily designated for the purpose of swimming, bathing or waterskiing, or congregate thereat when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous or otherwise inadvisable. 12.12.160 Bathing, swimming and waterskiing—Hours. No person in a park -Recreational Area shall frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as are designated by the Director for such purposes for each individual area. 12.12.170 Beach structures. No person in a park -Recreational Area shall erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there is an unobstructed view into such tent, shelter or structure from at least two sides; nor shall any guy wire, rope or extension, or exterior brace or support, be connected or fastened from any such structure to any other structure, stake, rock or other object outside of the structure. 0 12.12.180 Boating—Where permitted. No person in a pa* -Recreational Area shall bring into or operate any boat, raft or other watercraft, whether motor -powered or not, upon any waters, except at places designated for boating by the Director. Such activity shall be in accordance with applicable regulations as of the effective date of the ordinance codified in this chapter or may thereafter be adopted. 12.12.190 Boating—Safety. No person in a pafk-Recreational Area shall navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat. 12.12.200 Boating—Hours. No person in a par -k -Recreational Area shall launch, dock or operate any boat of any kind on any waters between the closing hour of the park at night and opening hour the following morning, nor shall any person be on, or remain on or in any boat during the closed hours of the park Recreational Area, except as otherwise authorized by the Director. 12.12.210 Picnic areas—Use. No person in a pa-rk-Recreational Area shall picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. 12.12.220 Picnic areas—Availability. No person in a park -Recreational Area shall violate the regulation that use of the individual fireplaces together with tables and benches follows generally the rule of "First come, first served." 12.12.230 Picnic areas—Sharing. No person in a park -Recreational Area shall use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. 12.12.240 Picnic areas—Cleanup. No person in a park Recreational Area shall leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. 12.12.250 Games. 9 A. No person in a pa*–Recreational Area shall take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and quoits is prohibited except on the fields and courts or areas provided therefor. Roller skating shall be confined to those areas specifically designated for that pastime. B. No person shall play or engage in any activity other than tennis or ancillary activities prior to Dlavina tennis on park tennis courts without the Director's express permission. 12.12.255 Lodi Lake Nature Area—Prohibited activities. No person shall, within the nature area of Lodi Lake Park: A. Ride, walk or operate any bicycle, tricycle, or similar human -powered conveyance, except upon the main trails, as designated by appropriate signs indicating bicycles are permitted. This section shall not apply to any law enforcement or parks department employee while carrying out his or her official duties, or any person with a physical disability; B. Conduct or participate in any organized track and field or athletic event, without first obtaining written consent of the marks and reGreatien Director. As a matter of city policy to prevent overuse of and damage to the nature area, such consent shall be given only for cross country events and only to those organizations that had conducted cross country events in the nature area during the twelve-month period immediately prior to April 1, 1991. In the event any organization qualifying for cross country events under this section shall fail to conduct a cross country event during any twelve-month period, consent shall be denied thereafter. C. Violation of this section shall be an infraction 12.12.257 Exclusion of individuals. (formerlv 12.16.060) The Director may exclude from any faGi (Recreational Area any individual whose presence is detrimental to the enjoyment of the facility by others, or whose conduct is offensive to the public and a nuisance. Such person may appeal his exclusion to the City Manager pursuant to Section 12.16.210 of this Code. 12.12.258 Use of Park equipment for exercise. A. No person shall place anv eauioment or obiect to be used for fitness or athletic activit weighing more than twenty-five (25) pounds within anv *Recreational Area without prior written authorization by the Director. B. The Director may authorize the use of equipment excluded under Section A above, with conditions, if he/she determines that the proposed use of such equipment: 1. Will not damage public property; 2. Will not interfere with the public's use and enjoyment of the pa*Recreational Area; and 10 3. Will not interfere with the normal operations of the oarkRecreational Area. C. No person shall use picnic tables, barbecues, playground equipment or other parkRecreational Area amenities except for their intended use. Article 111. — Traffic 12.12.260 Motor vehicle laws. 12.12.270 Direction. 12.12.280 Signs and signals. 12.12.290 Use of roads. 12.12.300 Parking—Where permitted. 12.12.305 Lodi Lake Park—Vehicle entry restrictions. 12.12.310 Parking—Double parking. 12.12.320 Bicycles—Safe operation. 12.12.330 Bicycles—Where permitted. 12.12.340 Bicycles—Extra rider. 12.12.350 Bicycles—Rack use. 12.12.360 Bicycles—Improper parking. 12.12.260 Motor vehicle laws. No person in a park -Recreational Area shall fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and other ordinances. 12.12.270 Direction. No person in a park- Recreational Area shall fail to obey all traffic officers and park -Department employees, such persons being authorized and instructed to direct traffic whenever and wherever needed in the park—Recreational Areas and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of the regulations of this article and such supplementary regulations as may be issued subsequently by the Director. 12.12.280 Signs and signals. No person in a park -Recreational Area shall fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking, and all others posted for proper control and to safeguard life and property. 12.12.290 Use of roads. No person in a park -Recreational Area shall drive any vehicle on any area except the paved park -roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the Director. 12.12.300 Parking—Where permitted. 11 No person in a par-k—Recreational Area shall park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present. 12.12.305 Lodi Lake Park—Vehicle entry restrictions. Lodi Lake Park—Parking Restrictions. A. No person shall enter Lodi Lake Park in any vehicle unless the vehicle contains a properly displayed valid annual entry permit, issued by the city of Lodi, or purchases a day use entry pass from either the gate attendant or the self -pay station located at the entrance to Lodi Lake Park. The annual pass or daily pass must be displayed on the driver's side dashboard or hung from the rear-view mirror with the expiration date/issuance date visible from the exterior of the vehicle. B. Annual permits for Lodi Lake Park can be purchased at the administrative offices of the parks, recreation and cultural services department or from a park gate attendant when available. The fee for the annual permits will be established from time to time by council resolution. C. Vehicles entering Lodi Lake Park without a valid annual permit or valid day use pass will be in violation of this chapter and subject to citation. D. By resolution adopted pursuant to this section, council shall adopt a schedule of penalties, administrative fees and any other charges related to violation of this section. The schedule may be amended by council from time to time by resolution. E. This section shall not apply to a governmental entity, special district, or public utility vehicles on the site in connection with the entities operations. 12.12.310 Parking—Double parking. No person in a park -Recreational Area shall double park any vehicle on any road or parkway unless directed by a par -Q.eI rtment official. 12.12.320 Bicycles—Safe operation. No person in a park -Recreational Area shall ride a bicycle other than on the right-hand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting. 12.12.330 Bicycles—Where permitted. No person in a par -k -Recreational Area shall ride a bicycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use. 12.12.340 Bicycles—Extra rider. No person in a park -Recreational Area shall ride any other person on a bicycle 12 12.12.350 Bicycles—Rack use. No person in a parkRecreational Area shall leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available. Violation of this section shall be an infraction. 12.12.360 Bicycles—Improper parking. No person in a park -Recreational Area shall leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by them. Violation of this section shall be an infraction. Article IV. - Enforcement 12.12.370 Authorized officers. 12.12.380 Election of violators. 12.12.390 Seizure of property. 12.12 400 Melatmen M4sdemea er. 12.12.370 - Authorized officers. The Director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. For the purposes of such enforcement, the Director and any park attendant are 'officers" who may issue citations to violators of this chapter pursuant to Chapter 1.08 of this code. 12.12.380 Ejection of violators. The Director and any park attendant have the authority to eject from the parli-Recreational Area any person acting in violation of this chapter. 12.12.390 Seizure of property. The Director and any park attendant have the authority to seize and confiscate any property, thing or device in the park -Recreational Area in violation of this chapter or used in violation of this chapter. Article V. - Skate Parks 12.12.410 Skateboarding, roller-skating, and bicycling prohibited in certain areas; skate park regulations. 12.12.420 Skate park regulations. 12.12.430 Violations. 12.12.410 Skateboarding, roller-skating, and bicycling prohibited in certain areas; skate park regulations. 13 A. Skateboarding, roller-skating, in-line skating, bicycling, and similar activities are prohibited in city parks and recreational facilities unless specifically authorized in areas designed by this article and as further designated by resolution of the city council. The City of Lodi designates and maintains as a skate park facility that area located within Kofu Park at 1145 South Ham Lane at Cardinal Street. The boundaries of the skate facility shall be defined by a fence and the signs required by this article. 12.12.420 Skate park regulations. The following regulations shall apply to the riding of skateboards, in-line skates, roller skates, or bicycles at, or any other use of, any facility or park owned or operated by the city of Lodi, which has been designated a skate park: A. Within the skate park, it shall be unlawful for any person to: Ride, operate, or use a skateboard, roller skates, in-line skates or bicycle unless that person is wearing a helmet designed for skateboarding, roller-skating, in-line skating, and/or bicycle use with a chin strap, elbow pads designed for skateboarding, roller-skating, in-line skating and/or bicycle use with plastic elbow caps, and knee pads designed for bicycle, skateboard and/or in-line skating use with plastic knee caps, which equipment shall be in good repair at all times during use; 2. Ride, operate, utilize a bicycle, skateboard, roller skates, or in-line skates unless such equipment is in good repair at all times during use; 3. Be on or use an individual apparatus within the skate park while another person is using it; 4. Place or utilize additional obstacles or other materials (including but not limited to ramps or jumps) within the skate park; 5. Use the skate park amenities when the surfaces of the amenities are wet or other conditions exist which would adversely affect the safety of bikers, skateboarders, or skaters; 6. Use, operate, or possess any source of amplified music including but not limited to stereos, boom boxes, and amplifiers; 7. Enter the concreted portion of skate park unless actively bicycling, skateboarding, or in-line skating in accordance with these regulations; 8. Use, consume, or have within his or her custody or control food, beverages, or tobacco within the concreted portion of the skate park; 9. Use, consume, or have within his or her custody or control alcohol or illegal drugs within the skate park; 10. Enter the skate park while under the influence of alcoholic beverages or illegal drugs; 14 11. Use or possess glass containers, bottles, or other breakable glass products within the skate park; 12. Use or engage in profanity, reckless and boisterous behavior (including, but not limited to, tandem riding, pushing, horseplay, and bullying), or any activity which could endanger the safety of persons using the skate park or spectators; 13. Engage in graffiti, tagging, or other defacing of city property or the properties of others; 14. Ride, operate, or utilize any device other than a bicycle, skateboard, roller skates, or in-line skates (prohibited devices include, but are not limited to, motor vehicles, motorized skateboards, and motorized skates) within the skate park; 15. No person shall enter or remain in or upon the skate park premises: a. While closed, as determined by the parks and recreation department, or Between the hours of 9:00 p.m. and 10:00 a.m.; 16. Use or have within his or her custody or control, board wax, within the skate park; and 17. No person shall enter the skate park with any animal. 18. No person under the age of twelve shall enter the skate park without being accompanied by a parent or guardian. B. The skate park shall be posted with signs at the following locations: At the entrance to the skate park; and 2. On the fences of the skate park, facing the interior of the skate park, and in such places inside the park as determined by the city. The signs shall not be less than two feet by three feet in size and shall use black letters on a white background. The signs may, but shall not be required to, summarize the regulations governing the use of the skate facility. Each sign shall contain, in letters not less than '/2 inch in height, the following language: WARNING BICYCLING, SKATEBOARDING, AND IN-LINE SKATING ARE HAZARDOUS RECREATION ACTIVITIES. USE OF THIS FACILITY MAY RESULT IN SERIOUS INJURIES OR DEATH. THE CITY OF LODI DOES NOT ASSUME ANY RESPONSIBILITY FOR INJURIES OR DEATH. EACH PERSON ENTERING THE FACILITY ASSUMES ALL RISK OF INJURY OR DEATH. CALIFORNIA HEALTH AND SAFETY CODE § 115800. 15 IT IS UNLAWFUL FOR ANY PERSON TO RIDE, OPERATE, OR UTILIZE A BICYCLE, SKATEBOARD, OR IN-LINE SKATES UNLESS THE PERSON IS WEARING A HELMET DESIGNED FOR BICYCLE, SKATEBOARD, AND/OR IN-LINE SKATING WITH A CHIN STRAP, ELBOW PADS DESIGNED FOR BICYCLE, SKATEBOARD, AND/OR IN -LINES SKATING USE WITH PLASTIC ELBOW CAPS AND KNEE PADS DESIGNED FOR BICYCLE, SKATEBOARD, AND/OR IN-LINE SKATING USE WITH PLASTIC KNEE CAPS, WHICH EQUIPMENT SHALL BE IN GOOD REPAIR AT ALL TIMES DURING USE. IT IS UNLAWFUL FOR ANY PERSON TO RIDE, OPERATE, OR UTILIZE ANY DEVICE OTHER THAN NON -MOTORIZED BICYCLES, NON -MOTORIZED SKATE BOARDS, AND NON - MOTORIZED SKATES. IT IS UNLAWFUL FOR ANY PERSON TO SMOKE, CONSUME ALCOHOLIC BEVERAGES, OR PLAY AMPLIFIED MUSIC WITHIN THE SKATE PARK. USERS UNDER THE AGE OF 12 MUST BE ACCOMPANIED BY A PARENT OR GUARDIAN. ANY PERSON FAILING TO COMPLY WITH THIS SECTION SHALL BE SUBJECT TO CITATIONS AND PENALTIES PURSUANT TO LODI MUNICIPAL CODE SECTION 1.08.010. 12.12.430 Violations. Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter shall be prosecuted as a misdemeanor for violations of subsections (A) (9), (10), (13), and (14) of section 12.12.420. All other violations shall be prosecuted as an infraction as provided in section 1.08.010 of this Code. Article VI. Waterfowl and Migratory Birds 12.12.510 Purpose. 12.12.520 Definitions. 12.12.530 Prohibited conduct. 12.12.540 Violations and penalties. 12.12.550 Enforcement 12.12.510 Purpose. A. The purpose of this article is to protect the health, safety, and welfare of the city and its wildlife by prohibiting the feeding of waterfowl and migratory birds within city parks and lakes. Feeding waterfowl and migratory birds increases the potential for damage to the flora and fauna of public parks and lakes due to an accumulation of bird droppings, may harm water quality, and increase the potential for the spread of disease to city residents. B. It is also the purpose of this article to protect the welfare of the waterfowl and migratory birds themselves, as wildlife studies have shown that feeding waterfowl and migratory birds can interrupt their normal migration patterns, cause nutritional problems, and promote the spread of bird diseases. 16 C. It is also the purpose of this article to minimize the attraction to waterfowl and migratory birds of residing within city parks and lakes by restricting their feeding and other acts that encourage the birds to halt their natural migration patterns. 12.12.520 Definitions. As used in this article, the terms listed below shall have the meaning assigned them. "Feed" or "feeding" means the placing, exposing, depositing, distributing, or scattering, directly or indirectly, of shelled corn, shucked or unshucked, wheat or other grains, breads, popcorn, scraps, salt, or any other feed or nutritive substances likely to be eaten by waterfowl or migratory birds, in any manner or form, so as to lure, attract, or entice waterfowl or migratory birds to, on or over any such areas where such feed items or materials have been placed, exposed, deposited, distributed, or scattered. "Waterfowl and migratory birds" means those "geese," and "ducks" and any other waterfowl United States Fish and Wildlife Service. 12.12.530 Prohibited conduct. species of birds commonly known as "swans," or migratory birds under the jurisdiction of the A. It shall be unlawful for any person to feed, in any public park or upon any public lake, or on any other property owned or operated by the city, any waterfowl or migratory birds. B. It shall be unlawful to create or foster any condition or allow any condition to exist or continue, which results in a congregation or congestion of waterfowl or migratory birds in any public park or upon any public lake. 12.12.540 Violations and penalties. A. Any person violating the provisions of this article shall be guilty of an infraction, punishable on conviction as set forth in Section 1.08.010(C) of this code. B. Any person convicted of three or more violations of this article within the twelve-month period immediately preceding the commission of the latest offense shall have the offense charged as a misdemeanor, punishable as specified in Section 1.08.010(B) of this code. C. The continuation of any violation of this article for each successive day shall constitute a separate offense, and the person committing the violation may be punished for each separate offense as provided herein. D. Notwithstanding any other provision of this article, the violation of any provision of this article may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction. 12.12.950-550 Enforcement._ (corrects typo) This article may be enforced by a city police officer, animal control officer, code enforcement officer, or the narks and ronreation Director or his/her designee. 17 Section 2. Lodi Municipal Code Chapter 12.16 "Permits For Use of City Facilities" is hereby repealed and re-enacted in its entirety to read as follows: CHAPTER 12.16 PERMITS FOR USE OF CITY FACILITIES Article I. General Provisions 12.16.010 Purpose 12.16.020 Definitions 12.16.030 Administration 12.16.040 Fees and charges Article II. General Rules 12.16.100 Activity requiring a Park Permit. 12.16.110 Park Permit application. 12.16.120 Standards for issuance of permit. 12.16.130 Permit required. 12.16.140 Contract. 12.16.150 City Manager review. 12.16.160 Fraud. 12.16.170 12.16.180 Insurance. Priority of park permit. 12.16.190 Exhibiting permit. 12.16.200 Permit exceptions. 12.16.210 12.16.220 Appeals. Regulatory authority. 12.16.230 12.16.240 Revocation. Possession and display. 12.16.250 Violation — Infraction. Article I. General Provisions 12.16.010 Purpose 12.16.020 Definitions 12.16.030 Administration 12.16.040 Fees and charges 12.16.010 Purpose. The purpose of this chapter is to establish the standards for issuance of park permits so that all persons may enjoy and make use of such Recreational Areas and to protect the rights of those in the surroundina areas. 12.16.020 Definitions . A. Definitions in Section 12.12.010 shall apply to this chapter. 18 B. "Park Permit" is a document issued by the Department authorizing the holder's limited use of a Recreational Area. 12.16.030 Administration. (formerly 12.16.010) A. All Recreational Areas are placed under the administrative jurisdiction of the Director. B. The Director shall, in connection with his other duties, diligently enforce the provisions of this chapter (Formerly 12.16.150). 12.16.040 Fees and charges. (Formerly 12.16.020) The Director shall, from time to time, submit a schedule of fees and charges to be made for the use of the facilities and equipment under the Director's jurisdiction, which fees and charges shall be effective upon adoption thereof by resolution of the citv council. The Director shall collect the fees and charges for the use of Recreational Areas. Article II. General Rules 12.16.100 Activity requiring a Park Permit. 12.16.110 Park Permit application. 12.16.120 Standards for issuance of permit. 12.16.130 Permit required. 12.16.140 Contract. 12.16.150 City Manager review. 12.16.160 Fraud. 12.16.170 Insurance. 12.16.180 Priority of park permit. 12.16.190 Exhibiting permit. 12.16.200 Permit exceptions. 12.16.210 Appeals. 12.16.220 Regulatory authority. 12.16.230 Revocation. 12.16.240 Possession and display. 12.16.250 Violation — Infraction. 12.16.100 Activity requiring a Park Permit. The following activities are prohibited in all Recreational Areas unless a Park Permit from the Director is issued: A. Anv event in which 25 or more DeoDle are takina Dart. or anv event that is advertised to the public. B. An assembly for the collective participation in, or preparation for, a game, practice, scrimmage, or clinic, for an organized league, affiliation, team or club. C. Any event conducted by a business, its employees or agents. D. Commercial Activity as defined in Section 12.12.060. 19 12.16.110 Park Permit application. A. A person who desires a park permit shall file an application with the Director on a form Provided by the Department. Priority for reserved use of Athletic Fields shall be given to City of Lodi residents and groups. The information required in a park permit application shall include: 1. The identification of the applicant; 2. The name, address and phone number of the person, group, organization or corporation sponsoring the activity; 3. The nature of the proposed activity; 4. The dates, hours, and Recreational Area for which the permit is desired; 5. An estimate of attendance; 6. Assurance of responsibility for cleaning the Recreational Area, if required; 7. Identification, address and telephone number(s) of the security personnel applicant will provide, if required, and 8. Other information which the Director considers reasonably necessary to evaluate the application. B. A park permit may not be issued for an activity which is likely to be attended by more than 100 people unless an application for the permit is received by the Director at least thirty days before the date of the proposed activity for which the permit is sought. The Director may waive the thirty -day period rule proposed if the applicant waives the right to appeal denial. C. The park permit application shall be accompanied by a fee in an amount set by city council resolution, as amended from time to time. The Director, in his or her sole discretion, may waive or reduce the fee. D. Each park permit applicant shall be provided a copy of the regulations governing the use of Recreational Areas. E. The Director may impose as a condition to the issuance of a park permit, requirements considered necessary for the protection, health and safety of persons or property or both in light of the nature of the activity for which the permit is sought and the number of persons likely to be in attendance. F. Indemnification. The Director may require an applicant to enter into an agreement with the city to indemnify and hold the city harmless from all injuries and damage resulting from the permitted use. G. Insurance. The Director may require an applicant to provide the city with proof of insurance prior to using the Recreational Area. Type of insurance and minimum amounts of coverage will be set by the City's Risk Manager. H. Bond for Security Costs. Where necessary for the protection of public property, the Director may require that the permittee provide either city approved private security or a bond or 20 a cash deposit sufficient to cover the actual costs for police security and potential damage to city property. The actual cost is computed by determining the number of additional police officers that will be required for the event, the number of hours the officers will be on duty for the event, and the city's fully burdened cost of providing officers on an hourly basis. I. No alcoholic beverages shall be sold, given away or dispensed at any Recreational Area without prior written consent of the Director, and with the understanding that the applicant must also apply to the California Alcoholic Beverage Control Department for additional permits as required by State law. J. Any Youth group making an application for the use of any Recreational Area must be a group with a constitution and/or bylaws, which meets regularly, has a slate of officers, and has an advisory adult leader who will take the responsibility to sign the application. The adult leader would assume responsibility for damage to Recreational Area amenities, as well as the deportment of the group while they are using the Recreational Area. Minors are to be under the supervision of a responsible adult at all times during the use of the facility. Any exceptions can be made at the discretion of the Director when aDDlicable. K. The fees established under this chapter shall be paid seven days in advance of the use of any Recreational Area, with the exception of Hutchins Street Square. Fees for use of Hutchins Street Square shall be paid ninety (90) days in advance. No reservation for any Recreational Area will be considered complete until payment of the appropriate fee(s). 12.16.120 Standards for issuance of permit. A. The Director shall issue a park permit upon finding that: 1. The proposed use of the Recreational Area will not unreasonably interfere with or detract from the aeneral public eniovment of the Recreational Area: 2. The proposed use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; 3. Every condition, including, where applicable, the payment of fees, approval of the Department, proof of insurance coverage, and applicable requirements under this Chapter are met; 4. The proposed use is not reasonably anticipated to incite violence, crime or disorderly conduct; 5. The proposed use will not incur unusual, extraordinary, or burdensome expense or security operation by the Department; 6. The Recreational Area is not reserved for other use; 7. The applicant agrees to comply with the conditions of approval imposed by the park permit. B. The Director shall deny the application if the Director finds that any of the following conditions exist: 21 1. That the aaolication reveals that the citv has no Recreational Area that will accommodate the activity of the applicant; 2. That the proposed activity is of a size or nature that requires the diversion of so great a number of police officers of the city, as to hinder police protection to the city as a whole; 3. That the applicant refuses to agree in writing to comply with all conditions in the park permit; 4. That the applicant failed to file a timely, complete application; 5. That the proposed activity violates federal, state or local laws or regulations; 6. In the case of a park permit for a Commercial Activity, a park permit for a Commercial Activity has been issued for the same date and times in the same recreational area; or 7. The proposed activitv is not allowed under Section 12.12.060. C. Any denial of an application for park permit shall specify the grounds therefor. Any person or entity whose application has been denied by the Director may appeal the denial to the City Manager, pursuant to the procedure as set forth in this chapter. 12.16.130 Permit required. No person shall use any Recreational Area when payment of a fee is required, until a permit for such use has been issued by the Department and all necessary fees paid. 12.16.140 Contract. (formerly 12.16.070) If the Director determines that a contract for the use of the premises is required, the Director shall furnish a form of contract to the applicant for execution, which shall thereafter be submitted to the city attorney for approval. The city manager is authorized and directed to execute such approved contract for and on behalf of the citv. 12.16.150 City Manager review. (formerly 12.16.080) The City Manager may review any determination of the Director in regard to such applications, permits or contracts required by this Chapter. 12.16.160 Fraud. (formerly 12.16.090) No person shall apply for a permit to use any of premises under this chapter for any purpose with the intent to defraud the city of any fee or fees. 12.16.170 Insurance. A. The Director may require an applicant to provide insurance adequate to cover potential loss due to injury or damage arising out of the permitted event. If insurance is required a copy of the policy or certificate of insurance, along with necessary endorsement, must be provided to 22 the Director not less than ten days before the date of the event The user of any Recreational Area, may be required to indemnify or hold harmless the city, its officers, directors or employees from any loss, liability or damage arising out of, as the result of, or in connection with the use of the Recreational Area, equipment or services of the city, its officers or employees, including all costs of defending any claim arising as a result thereof. In such case, the applicant shall present the city with evidence of a policy of insurance, effective throughout the period of use, in an amount and fashion as determined by the Citv's Risk Manaaer. B. Policies of insurance shall not be cancellable without fifteen days' prior written notice to the city, and shall name city as an additional insured. C. Evidence of products liability coverage may be required in an amount not less than one hundred thousand dollars. D. The person or persons to whom a park permit is issued shall be liable for any loss, damage or injury sustained to any person whatever by reasons of the negligence of the person or persons to whom such permit has been issued. E. If food or alcoholic beverages or nonalcoholic beverages are sold or served at the event, the insurance policy must include an endorsement for product and/or liquor liability. 12.16.180 Priority of Park Permit. A. A person who uses a fee facility without a permit or a posted picnic area or park facility which has been reserved for exclusive use, shall vacate the area when the holder of a park permit arrives on the site. 12.16.190 Exhibiting permit. A person who claims to have a park permit for use of a Recreational Area shall produce and exhibit a copy of the permit upon the request of a Department employee, code enforcement officer or city police officer. 12.16.200 Permit exemptions. A maximum of 24 people may use, occupy, or remain in an unfenced Athletic Field that is not otherwise being used or occupied by a person or group with a park permit issued pursuant to this chapter, without a permit, provided such use or occupancy is not intended to and does not occur on a recurring basis (defined as two (2) or more times per month), and is not a Commercial Activity. 12.16.210 Appeals. Any person or entity may appeal the decision of the Director to the city manager. The applicant must file said appeal with the city clerk within five calendar dans of the Director's decision. The city manager or designee, shall hold a hearing within twenty-one business days of the filing of the appeal, at which time the Director may present any and all evidence, testimony and information relevant to the denial or exclusion from the premises. The city manager shall, within five business days of the appeal hearing, issue a decision either affirming the denial of the application or exclusion of the activity by the Director, or directing the Director to issue the 23 requested permit or allowing the activity at issue. The decision of the city manager is final and not subject to further appeal. 12.16.220 Regulation authority. (formerly 12.16.120) The Director may establish and post regulations governing the use of the Recreational Areas which are not inconsistent with regulations contained in this chapter and which promote the public health, safety, and the preservation of City propertV. 12.16.230 Revocation. (formerly 12.16.130) The Director shall have the authority to revoke a park permit upon a finding of a violation of any rule. reaulation or ordinance. or upon aood cause shown. 12.16.240 Possession and disDlay. (formerlv 12.16.140 The permittee or applicant shall have a copy of the park permit in his/her possession and shall produce same upon request made by any Department employee, code enforcement officer or city police officer. 12.16.250 Violation—Infraction. (formerly 12.16.160) Any person who violates any provision of this chapter is guilty of an infraction and, upon conviction thereof. shall be Dunished by a fine of not exceedina the maximum Drescribed by law. 24 identifioo#inn of the opplioont address and telephone ni unbar• Dates and hei irs of event, Estimated ottendanoe• 4 Asci iranne of responsibility of Gleaning entire ares• 0 identifiGation address and telephone number(s) of the seGUrity personnel appliGant will 0 0 6, 9, f"V ON P 25 9, finds that any of the felloWino nonditieno exist: the onnlinont• e That the prepesed aGtiVity is of a size er nature that requires the diversion of se great a numbe That the app''Gant refuses te agree On writing te Gernply with all GGRditiens in the pern*� 4- That That the annlinant failed to file a timely annlination• 0 5, That a1theN, vNvsGT1 aGtiVity vielatesfederal, state eF GCS l laws or regulatiens. E, Any SUGh denial shall speGify the gFeURds therefor. Any persen er entity whese appliGatien ha& been denied by the reGreatiGR and parks d'FeGter may aplpeal the denial to the Gity GOLInGil, 26 27 SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. 28 SECTION 6. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. ATTEST: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. Approved this day of , 2015 BOBJOHNSON MAYOR I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held May 6, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: JANICE D. MAGDICH City Attorney 29 JENNIFER M. FERRAIOLO City Clerk Park Ordinance revisions City Council May 6, 2015 Why rewrite ordinances? Protect the public's investment from overuse and damage Ensure the public has continued access to public spaces and discourage disproportionate uses without compensation Protect the City taxpayers from unnecessary liability Create an orderly system for park reservations Protect City taxpayers from hidden business subsidies Reduce existing levels of litter and promote public health Outdated terms related to Department structure Consistent 18 -month process • Rec Commission nine meetinj • One joint meeting • Meetings with businesses, stakeholders • Various emails, phone calls • Newspaper articles, op-ed • PRCS blog • Unanimous support after line by-line review on April 7 Park ordinance update • Require permits • Protect taxpayers from unfair burden • Require permits • Prevent conflicts between users • "Fair share" concept • Litter problem • Public health issues • Outdated terms • No heavy equipment in parks • Only tennis activities on tennis courts Park ordinance update Similar ordinances common in other communities Ordinance language largely borrowed from other agencies Issues not unique to Lodi Park ordinance update Stockton Municipal Code Section 12.56.010(D) "(I)t is unlawful for any person, firm or corporation to ... sell or offer for sale any merchandise, article or thing whatsoever, or to conduct any class, special event, or tournament whether or not for profit, without a special event permit." Park ordinance update Manteca Municipal Code Section 12.12.070 "No exclusive use of any park and/or facility for preadvertised assemblies or groups may be made without the issuance of a permit therefor." Park ordinance update Tracy Municipal Code Section 4.16.050 "A facility permit must be obtained ... For any organized activity in which fifty or more persons are expected to participate or attend, or which is publicized prior to the date of the activity ... " Park ordinance update Modesto Municipal Code Section 12-4.202 "Except as otherwise authorized by law, it shall be unlawful and an infraction for any person, firm or corporation to ... practice, carry on, conduct or solicit for any trade, occupation, business or profession in any park without the prior written permission of the City Council." Park ordinance update Sacramento Municipal Code Section 12.72.060 No person shall ... (c)onduct or carry on an assembly of more than fifty people in a park, which assembly is intended or can reasonably be expected to last more than thirty minutes, unless a park use permit has been first issued therefor ..." No person shall ... (e)ngage in any commercial activity in a park, unless a park use permit or special event permit ... has been first issued therefor, or a lease or concession contract was issued ..." Park ordinance update Ripon Municipal Code Defines "organized activity" as "any practice, training, game, tournament, contest or any other activity in which more than 8 persons participate." 21 -day notice required Park ordinance update Cosumnes Community Services District Section 1.140 "It is unlawful for any person to engage in any activity other than tennis on tennis courts without a use permit from the Executive Director." Park Permits: Commercial 1osimUoo FREE„FREE.FREE TXT to Register Call/TXTfor Location - Invited By; ALEX 20463006 Park Permits: Commercial "I thought we had a problem and then I saw what was happening in your parks. You have a bigger problem." -- Recreation official, City of West Sacramento Park Permits: Commercial • Businesses must pay to use parks • Obtain insurance indemnifying City • May operate only in specified areas • One business in a park at a time • Collect damage deposit • Tier -based fee • No using park equipment for exercise • Only concessionaires allowed to conduc business activity at Lodi Lake Park • Exceptions for photographers, rental - affiliated activities • No commercial activity in parks on weei Park Permits: Commercial Who wins? Businesses that follow rules Businesses that partner with PRCS for classes in parks Insurance Fingerprinting/background checks Taxpayers, who are compensated disproportionate wear, maintenance Who loses? Businesses operating without adequate insurance Businesses dependent upon taxpayer subsidies Park Permits • Groups of 25 or more • Any event advertised to the general public • Fee based on rental rates • May apply for fee waiver or reduction Park Permits • Required for designated par • Required for teams • Pick-up events exempt • Fee of $10-$25/hour • Priority for Lodi groups • BOBS/Rec groups exempt Park Permits: Group/team Who wins? Large groups/teams needing reserved space PRCS programs, including BOBS Individuals, small groups crowded out of parks Taxpayers protected from liability, compensated for disproportionate impacts Who loses? Out-of-town teams/groups taking advantage of lax rules Teams putting liability on taxpayers Teams with "older" players crowding out younger teams Smoking restrictions • Toxic second-hand smoke • Large amount of park litter • More than 5,000 butts at annual Coastal Cleanup • More than 1,000 agencies nationally • At least 170 CA cities/counties • 30 in 2013 • Pending anti-smoking legislation Smoking restrictions • Second-hand smoke bad for everyone • Litter bad for environment • 87% of California residents are non- smokers • Parks become safe haven for pot smokers • Smoking not conducive with outdoor recreation, health, leisure • Allow smoking in designated areas for City events Smoking restrictions • Health advocates seek total ban • One opponent expressing civil liberties question Smoking restrictions Who wins? The public Less second-hand smoke, vapors Less park litter = cleaner parks Less fire risk Who loses? Smokers who want to light up in public areas Park Permits • No fitness equipment over 2E pounds • Limit tennis courts totennis c related activities • Redefines properties as "Recreational Areas" • Cleanup language to reflect unified P&R/HSS • Adds consistency to penalties Jennifer Ferraiolo From: Jennifer Ferraiolo Sent: Monday, May 04, 2015 4:46 PM To: tim.gibbs@cancer.org Cc: City Council; Steve Schwabauer; Janice Magdich; Jeff Hood Subject: FW: Smoke -Free Parks in Lodi Attachments: Lodi Smoke Free Parks Letter.pdf Thank you for your email. It was received by the City Council and forwarded to the City Manager's office and Parks, Recreation, and Cultural Services Department for information, response, and/or handling. In addition, your correspondence will be provided to Council at its meeting Wednesday night as a "blue sheet" item. Jennifer M. Ferraiolo, CMC City Clerk P.O. Box 3006 Lodi, CA 95241-1910 (209) 333-6702 (209)333-6807 FAX Please update your records to reflect change in name and e-mail address: Jennifer M. Ferraiolo; iferraiolo@lodi.gov. From: Tim Gibbs [mailto:tim.gibbs(�bcancer.org] Sent: Monday, May 04, 2015 4:43 PM To: City Council Subject: Smoke -Free Parks in Lodi Dear Mayor Johnson and Members of the Lodi City Council: Please find a letter attached to this e-mail in support of smoke-free parks in Lodi. We look forward to discussing the issue on Wednesday. Please don't hesitate to reach out if you have any questions. Sincerely, Tim .Gibbs Tim Gibbs I Senior Director, Government Relations - California American Cancer Society Cancer Action Network, Inc. 980 9th Street Suite 2200 Sacramento, CA 95814-2742 Phone: 916.504.2484 ( Mobile: 916.995.1998 1 Fax: 916.447.6931 acscan.orq American CancerAction dancer Society • May 6, 2015 The Honorable Bob Johnson Lodi City Council 221 W. Pine Street Lodi, CA 95240 Re: Lodi Smoke- Free Parks Ordinance Dear Mayor Johnson and Members of the Lodi City Council: On behalf of the American Cancer Society Cancer Action Network (ACS CAN), I write to urge the Lodi City Council to adopt a 100% smoke-free parks ordinance. ACS CAN is committed to protecting the health and well-being of our community; as such, we are encouraged by your consideration of a smoke-free parks ordinance. Despite significant progress since the first Surgeon General's report issued 50 years ago, smoking remains the single largest cause of preventable disease and death in the United States. The recent Surgeon General's report found that significant progress has been made in reducing smoking over the last several decades, but there is still much more work to be done in reducing death and disease from tobacco use. While supporting the overall ordinance, we encourage the City Council to reexamine exemptions in the ordinance. Even brief exposure to secondhand smoke can have adverse health effects and allowing some secondhand smoke exposure sends the wrong message to our youth that it is acceptable. Each year, over 7,000 non-smoking adults in the United States will die of lung cancer as a result of breathing secondhand smoke. Ensuring that Lodi's parks are 100% smoke-free is an important step that the council should take to protect residents from the harmful effects of secondhand smoke. We also request removal of the exemption for prescription nicotine products. Such an exemption would confuse enforcement and compliance, undermine the public health benefits of the ordinance by renormalizing the smoking behavior, and allow park workers and patrons to be exposed to unknown chemicals. ACS CAN urges to city council to pass a smoke-free parks ordinance in Lodi with no exemptions. Sincerely, Tim Gibbs Senior Director, Government Relations California Office 980 91h Street, Suite 2200 • Sacramento, CA 95814-2742 t) 916.448.0500 • f) 916.447.6931 krysta.titel@aya.yale.edu May 4, 2015 Lodi City Council Members P.O. Box 3006 Lodi, CA 95241-1910 Dear Council Members, Krysta Titel, MPH 1511 S. Mills Ave #112, Lodi, CA 95242 Cell: (562) 277-3923 As a resident of Lodi, I feel that our green spaces play a critical role in creating a healthy, thriving community, and I submit this letter in support of a smoke- and tobacco -free parks ordinance in the City of Lodi. Numerous reports, including The Health Consequences of Smoking -50 Years of Progress: A Report of the Surgeon General, 2014, have stated that smoking remains the leading cause of preventable death. It has been associated with serious medical conditions, such as stroke, high blood pressure and cancer. Studies have also proven that there is no safe level of secondhand smoke. San Joaquin County spends $395,000 annually on the direct and indirect costs of smoking, yet these indirect costs do not include smoking-related costs to infrastructure such as vandalism from cigarette burns on playground equipment, clean-up of cigarette butts, etc. It is our communal responsibility to examine closely the potential dangers and adverse health effects smoking can have on our environment and to provide the necessary protection. All tobacco products in addition to electronic smoking devices must be included in the ban to protect vulnerable youth and to protect young children from potentially lethal exposure to the liquid nicotine used in electronic smoking devices that can be found in waste receptacles. A full smoke and tobacco ban in parks sends a strong message to the community that we take the health of our community and the most vulnerable members, our children, seriously. I urge the Lodi City Council to join the other 176 municipalities across the state who have successfully adopted smoke-free parks, without designated smoking areas. Passage of this policy would help put the City of Lodi at the forefront of communities that offer a healthy place to live, work, and play. I commend the Lodi Parks, Recreation and Cultural Services for taking a stand in advancing awareness of smoke - and tobacco -free parks, and I encourage you to support this much needed ordinance to help protect the health of Lodi's residents. .Sincerely, Krysta TiteI Too I Jennifer Ferraiolo From: Janice Magdich Sent: Wednesday, May 06, 2015 6:46 AM To: Dolores Cooper Cc: City Council; Steve Schwabauer; Jennifer Ferraiolo; Jeff Hood Subject: Re: outdoor smoking ban Dear Ms. Cooper, Thank you for your email; I am forwarding to the Council, City Manager, City Clerk, and PRCS Director for consideration. Janice D. Magdich City Attorney City of Lodi On May 5, 2015, at 11:35 PM, Dolores Cooper <dolores coopergsbcglobal.net> wrote: Dear Janice: I, as a conservative constitutionalist, am asking you to vote NO on passing an unenforceable, unnecessary law to ban smoking outside. This is an over -reaching plan if it should pass, as smoking is not illegal. I am not a smoker, but this is supposed to be a free country. It would not be wise for a government to pass such a law. I hope your council members remember that you all represent the people of the community, not the State, CARB,or the United Nations Agenda 21 plan. D. Cooper 2-1 Jennifer Ferraiolo From: Janice Magdich Sent: Wednesday, May 06, 2015 1:26 PM To: linda gooden Cc: City Council; Steve Schwabauer; Jennifer Ferraiolo; Jeff Hood Subject: Re: Open Air Smoking Ban Dear Ms. Gooden, Thank you for your email; I am forwarding to the Council, City Manager, City Clerk, and PRCS Director for consideration. Janice D. Magdich City Attorney City of Lodi On May 6, 2015, at 9:59 AM, Linda gooden <lindakay0623na,sbcglobal.net> wrote: Good morning Councilwoman Magdich, I want to express my opposition to the open air smoking ban being considered by the Lodi City Council. My first reason is that there is no definitive proof that second hand smoke is harmful especially in the open air. Next, Lodi already has several bans in place that are not enforced. Why add another? Each of these little steps taken by community leaders is one more of our freedoms being taken from us. I do not smoke, but it is not against the law and you have many more important things to consider. Such as finances. Please vote no on this ban. Thank you, Linda Gooden SUBJECT: PUBLISH DATE: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1902, 1903 & 1904 SATURDAY, MAY 9, 2015 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, MAY 7, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK -2922�� PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU11 Fexed to the Sentinel at 369-1084 at (time) on {date} (pages) _NS Phoned to confirm receipt of all pages at (time) PMF E5 (initials) N:\Administration\CLERK\OrdSummarics\Advins.doc CITY OF LODI ORDINANCE NO. 1902 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES — BY REPEALING AND RE-ENACTING CHAPTER 12.12, "PARKS," IN ITS ENTIRETY; AND FURTHER REPEALING AND RE-ENACTING CHAPTER 12.16, "PERMITS FOR USE OF CITY FACILITIES," IN ITS ENTIRETY. The purpose of this ordinance is to streamline redundant language, establish the permit process for commercial and large group or athletic team use of parks, and reflect structural changes following the merger of Parks and Recreation with Hutchins Street Square. Introduced May 6, 2015. Adoption will be considered May 20 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1903 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 6 — ANIMALS — BY REPEALING AND RE-ENACTING CHAPTER 6.08, "PROHIBITED ANIMALS," IN ITS ENTIRETY. The purpose of this ordinance is to allow chicken hens in residential zoning districts. Introduced May 6, 2015. Adoption will be considered May 20 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: Mayor Johnson; ABSENT: None. ORDINANCE NO. 1904 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 6 — ANIMALS — BY REPEALING AND RE-ENACTING CHAPTER 6.15, "VICIOUS/POTENTIALLY DANGEROUS DOGS," IN ITS ENTIRETY. The purpose of this ordinance is to differentiate between "potentially dangerous" and "vicious" dogs and to make the code more enforceable by Animal Services. Introduced May 6, 2015. Adoption will be considered May 20, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi May 7, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. klpwl DECLARATION OF POSTING ORDINANCE NO. 1902 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES — BY REPEALING AND RE-ENACTING CHAPTER 12.12, "PARKS," IN ITS ENTIRETY; AND FURTHER REPEALING AND RE-ENACTING CHAPTER 12.16, "PERMITS FOR USE OF CITY FACILITIES," IN ITS ENTIRETY On Friday, May 8, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1902 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 8, 2015, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsu mmaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk E H`ii�` ORDINANCE NO. 1902 .. Al AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 – STREETS, SIDEWALKS AND PUBLIC PLACES, BY REPEALING AND RE-ENACTING CHAPTER 12.12 – "PARKS" IN ITS ENTIRETY; AND FURTHER REPEALING AND RE-ENACTING CHAPTER 12.16 – "PERMITS FOR USE OF CITY FACILITIES" IN ITS ENTIRETY NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 12.12 "Parks" is hereby repealed and re-enacted in its entirety to read as follows: CHAPTER 12.12 RECREATIONAL AREAS Article I. General Provisions 12.12.005 Purpose. 12.12.010 Definitions. 12.12.012 Administration. 12.12.014 Fees and charges. Article II. General Rules 12.12.016 Certain Recreational Areas restricted to specific users. 12.12.018 Violation—Misdemeanor, unless otherwise specified. 12.12.020 Domestic animals. 12.12.030 Solicitation. 12.12.040 Fires. 12.12.045 Glass bottles or similar containers, alcoholic beverages and/or tobacco products—Prohibited in certain posted Recreational Areas. 12.1? 047 Srnek4g-prohibkicI-. 12.12.050 Entering closed areas. 12.12.055 Interfering with parks and recreation programs. 12.12.060 Commercial activity. 12.12.070 Advertising. 12.12.080 Posting signs. 12.12.090 Vandalism of buildings and improvements. 12.12.100 Removal of natural resources. 12.12.110 Damaging trees and plants—Digging. 12.12.120 Climbing—Inappropriate sitting. 12.12.130 Hunting—Wild animal molestation. 12.12.140 Feeding animals. 12.12.145 Bathing, swimming and wading—Designated areas. 12.12.150 Bathing, swimming and waters ki i ng—Where permitted. 12.12.160 Bathing, swimming and waterskiing—Hours. 12.12.170 Beach structures. 12.12.180 Boating—Where permitted. 12.12.190 Boating—Safety. 12.12.200 Boating—Hours. 12.12.210 Picnic areas—Use. 12.12.220 Picnic areas—Availability. 12.12.230 Picnic areas—Sharing. 12.12.240 Picnic areas—Cleanup. 12.12.250 Games. 12.12.255 Lodi Lake Nature Area—Prohibited activities. 12.12.257 Exclusion of individuals. 12.12.258 Use of park equipment for exercise. Article III. Traffic 12.12.260 Motor vehicle laws. 12.12.270 Direction. 12.12.280 Signs and signals. 12.12.290 Use of roads. 12.12.300 Parking Where permitted. 12.12.305 Lodi Lake Park—Vehicle entry restrictions. 12.12.310 Parking—Double parking. 12.12.320 Bicycles—Safe operation. 12.12.330 Bicycles—Where permitted. 12.12.340 Bicycles—Extra rider. 12.12.350 Bicycles—Rack use. 12.12.360 Bicycles—Improper parking. Article IV. Enforcement 12.12.370 Authorized officers. 12.12.380 Ejection of violators. 12.12.390 Seizure of property. Article V. Skate Parks 12.12.410 Skateboarding, roller-skating, and bicycling prohibited in certain areas; skate park regulations. 12.12.420 Skate park regulations. 12.12.430 Violations. Article VI. Waterfowl and Migratory Birds 12.12.510 Purpose. 12.12.520 Definitions. 12.12.530 Prohibited conduct. 12.12.540 Violations and penalties. 12.12.550 Enforcement. Article I. General Provisions 12.12.005 Purpose. 12.12.010 Definitions. 12.12.012 Administration. 12.12.014 Fees and charges. 12.12.005 Purpose. The purpose of this chapter is to regulate the use of City parks and park facilities so that all persons may enjoy and make use of such parks and park facilities, and to protect the rights of those in the surrounding areas. 12.12.010 Definitions For the purpose of this chapter, certain terms, phrases and words are defined as follows: A. "Annual" when used to define the term of a Park Permit shall refer to a calendar year. B. "Athletic Field" means a piece of land traditionally used for organized athletic or sporting event(s), including the adjoining spectator area. C. "Commercial Activity" means soliciting, selling, hawking, peddling, advertising, promoting or providing any goods, wares, merchandise, services, liquids or edibles for human consumption, distributing circulars, or utilizing Recreational Areas to complete the terms of a sale or provide a service as a result of a sale, or for an activity utilizing Recreational Areas that is conducted by a business, its employees or agents. D. "Department" means the Parks, Recreation and Cultural Services Department. E. "Director" means the person who holds the title of Parks, Recreation and Cultural Services director in the city. �iGieotronrrriG S k1T-iFi... QevicE --nne�,.,a.,rs,��, aininr.r nr rl-ils■erinrs ninne-41��f. y}��,. q� {Ge6, er &,-Lir-pia�atnri.-.1 4F.ra4 reran hn r s�+orl hae rt a�a � ' 1177 s'rrmirRiute�mgMti -H-f' Gh irr3-snlotiOn-were] from the nroduc, V Th-a-ter+i4 GWe� c+r loh device whether ed, d's%ribyted, marketed op sold as a e cigarette, of) .pFGdurt name or other . GF. "Recreational Area" means any area, including streets and sidewalks, that is publicly owned, controlled or used by the City of Lodi, and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "Recreational Area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, amusement parks, and beaches." f HG. "Service Animal" means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. I "Smoking" ' I, " ,.,I1 al b irninn nr_ r-rr_sr lirr Wed or r. �s��17{��Pce—rl��c�f��t7��di'��7�� heat yni@aF4+4garette, Pipe -,--GF hookah nr nnsr other linhted-ofbrtnnn rsr nl�nt rsre intended Fnr inhni tirtn Innis ee'tinfY !•Y7_^_] ' n whether natural n theta -,4n mrtm neer o � atrrn- , �'+j4a+��-..,�,�„��r--she -ar�y- an Fm `Smokinrs" ale, innl� iniac. use of nn nlontrnnin c+ FeateG nn ��mvr�civ-Lt7�zrvc�v�r'u-r-ru�-co�crvnrara rv-ucc'�n aeF0601 rtr sr@nnr in an)' mann. o. r_nr in nnsr fr�r r the use of any eFal c� kiRgAeVi , crvr�, r u �y " purpose of�ir—cu ""I��Fl�rtit smoking in this Artide-. JH. "Vehicle" means any wheeled conveyance, whether motor -powered, animal -drawn or self-propelled. The term includes any trailer in tow of any size, kind or description. Exception is made for baby carriages or strollers, and vehicles in the service of Recreational Areas. 12.12.012 Administration. A. All Recreational Areas, as defined herein, are under the administrative jurisdiction of the Director. B. The Director shall, in connection with his or her other duties, diligently enforce the provisions of this chapter. 12.12.014 Fees and charges. The Director shall, from time to time, submit a schedule of fees and charges to be imposed for the use of Recreational Areas under the Director's jurisdiction, which fees and charges shall be effective upon adoption thereof by resolution of the city council. The Director shall collect the fees and charges for the use of designated Recreational Areas. Article II. General Rules 12.12.016 Certain Recreational Areas restricted to specific users. 12.12.018 Violation—Misdemeanor, unless otherwise specified. 12.12.020 Domestic animals. 12.12.030 Solicitation. 12.12.040 Fires. 12.12.045 Glass bottles or similar containers, alcoholic beverages and/or tobacco products—Prohibited in certain posted Recreational Areas. 12.12. 47 Sr eki�R"re ibited. 12.12.050 Entering closed areas. 12.12.055 Interfering with parks and recreation programs. 12.12.060 Commercial activity. 12.12.070 Advertising. 12.12.080 Posting signs. 12.12.090 Vandalism of buildings and improvements. 12.12.100 Removal of natural resources. 12.12.110 Damaging trees and plants—Digging. 12.12.120 Climbing—Inappropriate sitting. 12.12.130 Hunting—Wild animal molestation. 12.12.140 Feeding animals. 12.12.145 Bathing, swimming and wading—Designated areas. 12.12.150 Bathing, swimming and waterskiing—Where permitted. 12.12.160 Bathing, swimming and waterskiing—Hours. 12.12.170 Beach structures. 12.12.180 Boating—Where permitted. 12.12.190 Boating—Safety. 12.12.200 Boating—Hours. 12.12.210 Picnic areas—Use. 12.12.220 Picnic areas—Availability. 12.12.230 Picnic areas—Sharing. 12.12.240 Picnic areas—Cleanup. 4 12.12.250 Games. 12.12.255 Lodi Lake Nature Area—Prohibited activities. 12.12.257 Exclusion of individuals. 12.12.258 Use of park equipment for exercise. 12.12.016 Certain Recreational Areas restricted to specific users. The Director may designate in writing and by posting at the site, certain Recreational Areas or portions thereof, which are available for exclusive use only upon obtaining a Park Permit pursuant to Section 12.16.130. 12.12.018 Violation—Misdemeanor unless otherwise specified . Any person who violates any provision of this chapter is guilty of a misdemeanor, unless otherwise specified, and upon conviction thereof, shall be punished by a fine of not exceeding the maximum prescribed by law. 12.12.020 Domestic animals. A. Animals Prohibited. Notwithstanding subsection B of this section, no person having care or custody of a dog or other domestic animal shall allow such animal in any Recreational Area, whether restrained or at large. For purposes of this section, an animal is "at large" unless tied, restrained by chain, strap or cord attached to its collar and actually held by some person or tied or restrained in an automobile or other vehicle, or unless staked or fastened or kept securely in an enclosure. This section shall not apply to dogs used by public law enforcement agencies, Service Animals, or to animals in parking lots or walkways adjacent to Recreational Areas, B. Exceptions. The Director shall be authorized to designate, by appropriate signs, specified Recreational Areas, or portions of Recreational Areas in which it shall be permissible to allow dogs to be present without leashes or other restraints. The owner or handler of any dog present in such designated Recreational Areas shall be required upon request to present proof of a current rabies vaccination and licensing for such animal. C. Cleanup Required. It shall be the duty of any person having care or custody of any animal in a Recreational Area to clean up after such animal. All waste shall be collected by such persons and deposited in an appropriate receptacle or container. 12.12.030 Solicitation. No person in a Recreational Area shall solicit alms or contributions for any purpose, whether public or private, without the explicit consent of the Director. 12.12.040 Fires. No person in a Recreational Area shall build or attempt to build a fire except in such areas and under such regulations as may be designated by the Director. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within any Recreational Area or on any highway, road or street abutting or contiguous thereto. 12.12.045 Glass bottles or similar containers, alcoholic beverages and/or tobacco products—Prohibited in certain posted Recreational Areas. The Director may designate, by appropriate signs, those Recreational Areas in which it shall be illegal to utilize or possess glass bottles or similar containers, and --alcoholic beverages and or tobacco products of anV nature. In such posted facilities, it is unlawful for any person to have in his or her possession any bottle or similar glass container or to possess or consume any alcoholic beverage or to smoke or otherwise use tobacco prodUCtS. -2 n4ok4ng--pr4hiNted-: im- - �_ _ se B--arrr$Li nrY ic. i___}Yi�marRGe orvv t."..�'Gity n -ar av nroh-lbtonn - Sf3eR8 �sk in but not limited to neertsp� enterta+nmen, plaoS, Gerew*mes, 9F--4rain+r t-4ec�#en' NatwithetapAing the $regeing; the Difnedor is autheF o rl00%gte rostAGte"r2&rrw;thifl ��-viruixcc+r-r.�. �rarrry cr-crcv-rcorrrvsv c� ,,i h„,th, n we d -v r 12.12.050 Entering closed areas. A. No person shall be present in any Recreational Area during the days and hours that such Recreational Area is designated by the Director as closed. Such days and hours shall be posted on signs at the entrances to such Recreational Area. B. Further, no person shall enter or be in an area posted as "Closed to the Public," or any fenced Recreational Area in which the entry gates are locked, nor shall any person use, aid or abet the use of any such area in violation of the posted notices. 12.12.055 Interfering with Parks, Recreation and Cultural Services programs. No person shall be present on any schoolyard or park within ten feet of the field of play of any field being used by a Department affiliated youth program for play, practice, or a game unless that person: A. Is a city approved volunteer or employee who has received Department of Justice fingerprint clearance; or B. Is a youth member of the team and/or program. 12.12.060 Commercial activity. A. No person in a Recreational Area shall engage in any Commercial Activity in a Recreational Area as defined in Section 12.12.010 without a Park Permit issued by the Director or his/her designee as specified in Section 12.16.130. Such prohibition shall include sales activities that encroach on the sales rights of a vendor authorized to sell such products or services pursuant to a concession contract with the Department. M B. Commercial Activities, as defined in Section 12.12.010, are prohibited at Lodi Lake Park, except for those by a licensed concessionaire acting by and under the authority of the Director, those associated with a rental of a Lodi Lake Park facility with Department permission, or photographers who have obtained a Park Permit from the Department. C. Commercial Activities as defined in Section 12.12.010, are prohibited in all Recreational Areas on weekends and city holidays except for those made by a licensed concessionaire acting by and under the authority of the Director, those associated with a park facility rental with Department permission, or photographers who have obtained a Park Permit from the Department. 12.12.070 Advertising. No person in a Recreational Area shall announce, advertise or call the public attention in any way to any article or service for sale or hire. 12.12.080 Posting signs. No person in a Recreational Area shall paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a Recreational Area, except for Department employees acting in the course and scope of their duties. 12.12.090 Vandalism of buildings and improvements. No person in a Recreational Area shall willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. 12.12.100 Removal of natural resources. No person in a Recreational Area shall dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. 12.12.110 Damaging trees and plants—Digging. No person in a Recreational Area shall damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant, nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any Recreational Area. 12.12.120 Climbing—Inappropriate sitting. No person in a Recreational Area shall climb any tree or wall, stand or sit upon monuments, vases, fountains, railings or fences or upon any other property not designated or customarily used for such purposes. 7 12.12.130 Hunting Wild animal molestation. No person in a Recreational Area shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal or bird, nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest or young of any bird. 12.12.140 Feeding animals. No person in a Recreational Area shall give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substances. 12.12.145 Bathing, swimming and wading—Designated areas. No person in a park shall swim, bathe and/or wade in any waters or waterway in or adjacent to any Recreational Area, except in areas which have been designated by the Director as areas where the activity is allowed. The areas where swimming, bathing and/or wading is allowed shall have official signs erected, designating the areas, and giving notice that the activity is allowed. 12.12.150 Bathing, swimming and waters ki i ng—Where permitted. No person in a Recreational Area shall swim, bathe, wade, or water ski in any waters or waterways in or adjacent to any Recreational Area, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are set forth in this chapter or may be adopted, nor shall any person frequent any waters or places customarily designated for the purpose of swimming, bathing or waterskiing, or congregate thereat when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous or otherwise inadvisable. 12.12.160 Bathing, swimming and waterskiing—Hours. No person in a Recreational Area shall frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as are designated by the Director for such purposes for each individual area. 12.12.170 Beach structures. No person in a Recreational Area shall erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there is an unobstructed view into such tent, shelter or structure from at least two sides; nor shall any guy wire, rope or extension, or exterior brace or support, be connected or fastened from any such structure to any other structure, stake, rock or other object outside of the structure. 12.12.180 Boating—Where permitted. No person in a Recreational Area shall bring into or operate any boat, raft or other watercraft, whether motor -powered or not, upon any waters, except at places designated for boating by the Director. Such activity shall be in accordance with applicable regulations as of the effective date of the ordinance codified in this chapter or may thereafter be adopted. 8 12.12.190 Boating—Safety. No person in a Recreational Area shall navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat. 12.12.200 Boating—Hours. No person in a Recreational Area shall launch, dock or operate any boat of any kind on any waters between the closing hour of the park at night and opening hour the following morning, nor shall any person be on, or remain on or in any boat during the closed hours of the Recreational Area, except as otherwise authorized by the Director. 12.12.210 Picnic areas—Use. No person in a Recreational Area shall picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. 12.12.220 Picnic areas—Availability. No person in a Recreational Area shall violate the regulation that use of the individual fireplaces together with tables and benches follows generally the rule of "First come, first served." 12.12.230 Picnic areas—Sharing. No person in a Recreational Area shall use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. 12.12.240 Picnic areas—Cleanup. No person in a Recreational Area shall leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. 12.12.250 Games. A. No person in a Recreational Area shall take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and quoits is prohibited except on the fields and courts or areas provided therefor. Roller skating shall be confined to those areas specifically designated for that pastime. B. No person shall play or engage in any activity other than tennis or ancillary activities prior to playing tennis on park tennis courts without the Director's express permission. 12.12.255 Lodi Lake Nature Area—Prohibited activities. No person shall, within the nature area of Lodi Lake Park: A. Ride, walk or operate any bicycle, tricycle, or similar human -powered conveyance, except upon the main trails, as designated by appropriate signs indicating bicycles are permitted. This section shall not apply to any law enforcement or parks department employee while carrying out his or her official duties, or any person with a physical disability; B. Conduct or participate in any organized track and field or athletic event, without first obtaining written consent of the Director. As a matter of city policy to prevent overuse of and damage to the nature area, such consent shall be given only for cross country events and only to those organizations that had conducted cross country events in the nature area during the twelve-month period immediately prior to April 1, 1991. In the event any organization qualifying for cross country events under this section shall fail to conduct a cross country event during any twelve-month period, consent shall be denied thereafter. C. Violation of this section shall be an infraction. 12.12.257 Exclusion of individuals. The Director may exclude from any Recreational Area any individual whose presence is detrimental to the enjoyment of the facility by others, or whose conduct is offensive to the public and a nuisance. Such person may appeal his exclusion to the City Manager pursuant to Section 12.16.210 of this Code. 12.12.258 Use of Park equipment for exercise. A. No person shall place any equipment or object to be used for fitness or athletic activity weighing more than twenty-five (25) pounds within any Recreational Area without prior written authorization by the Director. B. The Director may authorize the use of equipment excluded under Section A above, with conditions, if he/she determines that the proposed use of such equipment: 1. Will not damage public property; 2. Will not interfere with the public's use and enjoyment of the Recreational Area; and 3. Will not interfere with the normal operations of the Recreational Area. C. No person shall use picnic tables, barbecues, playground equipment or other Recreational Area amenities except for their intended use. 12.12.260 Motor vehicle laws. Article III. –Traffic 10 12.12.270 Direction. 12.12.280 Signs and signals. 12.12.290 Use of roads. 12.12.300 Parking Where permitted. 12.12.305 Lodi Lake Park—Vehicle entry restrictions. 12.12.310 Parking—Double parking. 12.12.320 Bicycles—Safe operation. 12.12.330 Bicycles—Where permitted. 12.12.340 Bicycles—Extra rider. 12.12.350 Bicycles—Rack use. 12.12.360 Bicycles—Improper parking. 12.12.260 Motor vehicle laws. No person in a Recreational Area shall fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and other ordinances. 12.12.270 Direction. No person in a Recreational Area shall fail to obey all traffic officers and Department employees, such persons being authorized and instructed to direct traffic whenever and wherever needed in the Recreational Areas and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of the regulations of this article and such supplementary regulations as may be issued subsequently by the Director. 12.12.280 Signs and signals. No person in a Recreational Area shall fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking, and all others posted for proper control and to safeguard life and property. 12.12.290 Use of roads. No person in a Recreational Area shall drive any vehicle on any area except the paved roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the Director. 12.12.300 Parking—Where permitted. No person in a Recreational Area shall park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions and with the instructions of any attendant who may be present. 12.12.305 Lodi Lake Park—Vehicle entry restrictions. Lodi Lake Park—Parking Restrictions. A. No person shall enter Lodi Lake Park in any vehicle unless the vehicle contains a properly displayed valid annual entry permit, issued by the city of Lodi, or purchases a day use 11 entry pass from either the gate attendant or the self -pay station located at the entrance to Lodi Lake Park. The annual pass or daily pass must be displayed on the driver's side dashboard or hung from the rear-view mirror with the expiration date/issuance date visible from the exterior of the vehicle. B. Annual permits for Lodi Lake Park can be purchased at the administrative offices of the parks, recreation and cultural services department or from a park gate attendant when available. The fee for the annual permits will be established from time to time by council resolution. C. Vehicles entering Lodi Lake Park without a valid annual permit or valid day use pass will be in violation of this chapter and subject to citation. D. By resolution adopted pursuant to this section, council shall adopt a schedule of penalties, administrative fees and any other charges related to violation of this section. The schedule may be amended by council from time to time by resolution. E. This section shall not apply to a governmental entity, special district, or public utility vehicles on the site in connection with the entities operations. 12.12.310 Parking—Double parking. No person in a Recreational Area shall double park any vehicle on any road or parkway unless directed by a Department official. 12.12.320 Bicycles—Safe operation. No person in a Recreational Area shall ride a bicycle other than on the right-hand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting. 12.12.330 Bicycles—Where permitted. No person in a Recreational Area shall ride a bicycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use. 12.12.340 Bicycles—Extra rider. No person in a Recreational Area shall ride any other person on a bicycle. 12.12.350 Bicycles—Rack use. No person in a Recreational Area shall leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available. Violation of this section shall be an infraction. 12.12.360 Bicycles—Improper parking. No person in a Recreational Area shall leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by them. Violation of this section shall be an infraction. 12 Article IV. — Enforcement 12.12.370 Authorized officers. 12.12.380 Ejection of violators. 12.12.390 Seizure of property. 12.12.370 - Authorized officers. The Director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. For the purposes of such enforcement, the Director and any park attendant are 'officers" who may issue citations to violators of this chapter pursuant to Chapter 1.08 of this code. 12.12.380 Ejection of violators. The Director and any park attendant have the authority to eject from the Recreational Area any person acting in violation of this chapter. 12.12.390 Seizure of property. The Director and any park attendant have the authority to seize and confiscate any property, thing or device in the Recreational Area in violation of this chapter or used in violation of this chapter. Article V. - Skate Parks 12.12.410 Skateboarding, roller-skating, and bicycling prohibited in certain areas; skate park regulations. 12.12.420 Skate park regulations. 12.12.430 Violations. 12.12.410 Skateboarding, roller-skating, and bicycling prohibited in certain areas; skate park regulations. A. Skateboarding, roller-skating, in-line skating, bicycling, and similar activities are prohibited in city parks and recreational facilities unless specifically authorized in areas designed by this article and as further designated by resolution of the city council. The City of Lodi designates and maintains as a skate park facility that area located within Kofu Park at 1145 South Ham Lane at Cardinal Street. The boundaries of the skate facility shall be defined by a fence and the signs required by this article. 12.12.420 Skate park regulations. The following regulations shall apply to the riding of skateboards, in-line skates, roller skates, or bicycles at, or any other use of, any facility or park owned or operated by the city of Lodi, which has been designated a skate park: A. Within the skate park, it shall be unlawful for any person to: 13 Ride, operate, or use a skateboard, roller skates, in-line skates or bicycle unless that person is wearing a helmet designed for skateboarding, roller-skating, in-line skating, and/or bicycle use with a chin strap, elbow pads designed for skateboarding, roller-skating, in-line skating and/or bicycle use with plastic elbow caps, and knee pads designed for bicycle, skateboard and/or in-line skating use with plastic knee caps, which equipment shall be in good repair at all times during use; 2. Ride, operate, utilize a bicycle, skateboard, roller skates, or in-line skates unless such equipment is in good repair at all times during use; 3. Be on or use an individual apparatus within the skate park while another person is using it; 4. Place or utilize additional obstacles or other materials (including but not limited to ramps or jumps) within the skate park; 5. Use the skate park amenities when the surfaces of the amenities are wet or other conditions exist which would adversely affect the safety of bikers, skateboarders, or skaters; 6. Use, operate, or possess any source of amplified music including but not limited to stereos, boom boxes, and amplifiers; 7. Enter the concreted portion of skate park unless actively bicycling, skateboarding, or in-line skating in accordance with these regulations; 8. Use, consume, or have within his or her custody or control food, beverages, or tobacco within the concreted portion of the skate park; 9. Use, consume, or have within his or her custody or control alcohol or illegal drugs within the skate park; 10. Enter the skate park while under the influence of alcoholic beverages or illegal drugs; 11. Use or possess glass containers, bottles, or other breakable glass products within the skate park; 12. Use or engage in profanity, reckless and boisterous behavior (including, but not limited to, tandem riding, pushing, horseplay, and bullying), or any activity which could endanger the safety of persons using the skate park or spectators; 13. Engage in graffiti, tagging, or other defacing of city property or the properties of others; 14. Ride, operate, or utilize any device other than a bicycle, skateboard, roller skates, or in-line skates (prohibited devices include, but are not limited to, motor vehicles, motorized skateboards, and motorized skates) within the skate park; 15. No person shall enter or remain in or upon the skate park premises: 14 a. While closed, as determined by the parks and recreation department, or b. Between the hours of 9:00 p.m. and 10:00 a.m.; 16. Use or have within his or her custody or control, board wax, within the skate park; and 17. No person shall enter the skate park with any animal. 18. No person under the age of twelve shall enter the skate park without being accompanied by a parent or guardian. B. The skate park shall be posted with signs at the following locations: At the entrance to the skate park; and 2. On the fences of the skate park, facing the interior of the skate park, and in such places inside the park as determined by the city. The signs shall not be less than two feet by three feet in size and shall use black letters on a white background. The signs may, but shall not be required to, summarize the regulations governing the use of the skate facility. Each sign shall contain, in letters not less than 1/ inch in height, the following language: WARNING BICYCLING, SKATEBOARDING, AND IN-LINE SKATING ARE HAZARDOUS RECREATION ACTIVITIES. USE OF THIS FACILITY MAY RESULT IN SERIOUS INJURIES OR DEATH. THE CITY OF LODI DOES NOT ASSUME ANY RESPONSIBILITY FOR INJURIES OR DEATH. EACH PERSON ENTERING THE FACILITY ASSUMES ALL RISK OF INJURY OR DEATH. CALIFORNIA HEALTH AND SAFETY CODE § 115800. IT IS UNLAWFUL FOR ANY PERSON TO RIDE, OPERATE, OR UTILIZE A BICYCLE, SKATEBOARD, OR IN-LINE SKATES UNLESS THE PERSON IS WEARING A HELMET DESIGNED FOR BICYCLE, SKATEBOARD, AND/OR IN-LINE SKATING WITH A CHIN STRAP, ELBOW PADS DESIGNED FOR BICYCLE, SKATEBOARD, AND/OR IN - LINES SKATING USE WITH PLASTIC ELBOW CAPS AND KNEE PADS DESIGNED FOR BICYCLE, SKATEBOARD, AND/OR IN-LINE SKATING USE WITH PLASTIC KNEE CAPS, WHICH EQUIPMENT SHALL BE IN GOOD REPAIR AT ALL TIMES DURING USE. IT IS UNLAWFUL FOR ANY PERSON TO RIDE, OPERATE, OR UTILIZE ANY DEVICE OTHER THAN NON -MOTORIZED BICYCLES, NON -MOTORIZED SKATE BOARDS, AND NON -MOTORIZED SKATES. IT IS UNLAWFUL FOR ANY PERSON TO SMOKE, CONSUME ALCOHOLIC BEVERAGES, OR PLAY AMPLIFIED MUSIC WITHIN THE SKATE PARK. USERS UNDER THE AGE OF 12 MUST BE ACCOMPANIED BY A PARENT OR GUARDIAN. ANY PERSON FAILING TO COMPLY WITH THIS 15 SECTION SHALL BE SUBJECT TO CITATIONS AND PENALTIES PURSUANT TO LODI MUNICIPAL CODE SECTION 1.08.010. 12.12.430 Violations. Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter shall be prosecuted as a misdemeanor for violations of subsections (A) (9), (10), (13), and (14) of Section 12.12.420. All other violations shall be prosecuted as an infraction as provided in Section 1.08.010 of this Code. Article VI 12.12.510 Purpose. 12.12.520 Definitions. 12.12.530 Prohibited conduct. 12.12.540 Violations and penalties. 12.12.550 Enforcement 12.12.510 Purpose. Waterfowl and Migratory Birds A. The purpose of this article is to protect the health, safety, and welfare of the city and its wildlife by prohibiting the feeding of waterfowl and migratory birds within city parks and lakes. Feeding waterfowl and migratory birds increases the potential for damage to the flora and fauna of public parks and lakes due to an accumulation of bird droppings, may harm water quality, and increase the potential for the spread of disease to city residents. B. It is also the purpose of this article to protect the welfare of the waterfowl and migratory birds themselves, as wildlife studies have shown that feeding waterfowl and migratory birds can interrupt their normal migration patterns, cause nutritional problems, and promote the spread of bird diseases. C. It is also the purpose of this article to minimize the attraction to waterfowl and migratory birds of residing within city parks and lakes by restricting their feeding and other acts that encourage the birds to halt their natural migration patterns. 12.12.520 Definitions. As used in this article, the terms listed below shall have the meaning assigned them. "Feed" or "feeding" means the placing, exposing, depositing, distributing, or scattering, directly or indirectly, of shelled corn, shucked or un -shucked, wheat or other grains, breads, popcorn, scraps, salt, or any other feed or nutritive substances likely to be eaten by waterfowl or migratory birds, in any manner or form, so as to lure, attract, or entice waterfowl or migratory birds to, on or over any such areas where such feed items or materials have been placed, exposed, deposited, distributed, or scattered. "Waterfowl and migratory birds" means those species of birds commonly known as "swans," "geese," and "ducks" and any other waterfowl or migratory birds under the jurisdiction of the United States Fish and Wildlife Service. 16 12.12.530 Prohibited conduct. A. It shall be unlawful for any person to feed, in any public park or upon any public lake, or on any other property owned or operated by the city, any waterfowl or migratory birds. B. It shall be unlawful to create or foster any condition or allow any condition to exist or continue, which results in a congregation or congestion of waterfowl or migratory birds in any public park or upon any public lake. 12.12.540 Violations and penalties. A. Any person violating the provisions of this article shall be guilty of an infraction, punishable on conviction as set forth in Section 1.08.010(C) of this code. B. Any person convicted of three or more violations of this article within the twelve-month period immediately preceding the commission of the latest offense shall have the offense charged as a misdemeanor, punishable as specified in Section 1.08.010(B) of this code. C. The continuation of any violation of this article for each successive day shall constitute a separate offense, and the person committing the violation may be punished for each separate offense as provided herein. D. Notwithstanding any other provision of this article, the violation of any provision of this article may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction. 12.12.550 Enforcement. This article may be enforced by a city police officer, animal control officer, code enforcement officer, or the Director or his/her designee. Section 2. Lodi Municipal Code Chapter 12.16 "Permits For Use of City Facilities" is hereby repealed and re-enacted in its entirety to read as follows: CHAPTER 12.16 PERMITS FOR USE OF CITY FACILITIES Article I. General Provisions 12.16.010 Purpose 12.16.020 Definitions 12.16.030 Administration 12.16.040 Fees and charges Article II. General Rules 12.16.100 Activity requiring a Park Permit. 12.16.110 Park Permit application. 12.16.120 Standards for issuance of permit. 12.16.130 Permit required. 12.16.140 Contract. 17 12.16.150 City Manager review. 12.16.160 Fraud. 12.16.170 Insurance. 12.16.180 Priority of park permit. 12.16.190 Exhibiting permit. 12.16.200 Permit exceptions. 12.16.210 Appeals. 12.16.220 Regulatory authority. 12.16.230 Revocation. 12.16.240 Possession and display. 12.16.250 Violation — Infraction. Article I 12.16.010 Purpose 12.16.020 Definitions 12.16.030 Administration 12.16.040 Fees and charges 12.16.010 Purpose. General Provisions The purpose of this chapter is to establish the standards for issuance of park permits so that all persons may enjoy and make use of such Recreational Areas and to protect the rights of those in the surrounding areas. 12.16.020 Definitions . A. Definitions in Section 12.12.010 shall apply to this chapter. B. "Park Permit" is a document issued by the Department authorizing the holder's limited use of a Recreational Area. 12.16.030 Administration. A. All Recreational Areas are placed under the administrative jurisdiction of the Director. B. The Director shall, in connection with his other duties, diligently enforce the provisions of this chapter. 12.16.040 Fees and charges. The Director shall, from time to time, submit a schedule of fees and charges to be made for the use of the facilities and equipment under the Director's jurisdiction, which fees and charges shall be effective upon adoption thereof by resolution of the city council. The Director shall collect the fees and charges for the use of Recreational Areas. Article II. General Rules 12.16.100 Activity requiring a Park Permit. 18 12.16.110 Park Permit application. 12.16.120 Standards for issuance of permit. 12.16.130 Permit required. 12.16.140 Contract. 12.16.150 City Manager review. 12.16.160 Fraud. 12.16.170 Insurance. 12.16.180 Priority of park permit. 12.16.190 Exhibiting permit. 12.16.200 Permit exceptions. 12.16.210 Appeals. 12.16.220 Regulatory authority. 12.16.230 Revocation. 12.16.240 Possession and display. 12.16.250 Violation — Infraction. 12.16.100 Activity requiring a Park Permit. The following activities are prohibited in all Recreational Areas unless a Park Permit from the Director is issued: A. Any event in which 25 or more people are taking part, or any event that is advertised to the public. B. An assembly for the collective participation in, or preparation for, a game, practice, scrimmage, or clinic, for an organized league, affiliation, team or club. C. Any event conducted by a business, its employees or agents. D. Commercial Activity as defined in Section 12.12.060. 12.16.110 Park Permit application. A. A person who desires a park permit shall file an application with the Director on a form provided by the Department. Priority for reserved use of Athletic Fields shall be given to City of Lodi residents and groups. The information required in a park permit application shall include: 1. The identification of the applicant; 2. The name, address and phone number of the person, group, organization or corporation sponsoring the activity; 3. The nature of the proposed activity; 4. The dates, hours, and Recreational Area for which the permit is desired; 5. An estimate of attendance; 6. Assurance of responsibility for cleaning the Recreational Area, if required; 7. Identification, address and telephone number(s) of the security personnel applicant will provide, if required, and 19 8. Other information which the Director considers reasonably necessary to evaluate the application. B. A park permit may not be issued for an activity which is likely to be attended by more than 100 people unless an application for the permit is received by the Director at least thirty days before the date of the proposed activity for which the permit is sought. The Director may waive the thirty -day period rule proposed if the applicant waives the right to appeal denial. C. The park permit application shall be accompanied by a fee in an amount set by city council resolution, as amended from time to time. The Director, in his or her sole discretion, may waive or reduce the fee. D. Each park permit applicant shall be provided a copy of the regulations governing the use of Recreational Areas. E. The Director may impose as a condition to the issuance of a park permit, requirements considered necessary for the protection, health and safety of persons or property or both in light of the nature of the activity for which the permit is sought and the number of persons likely to be in attendance. F. Indemnification. The Director may require an applicant to enter into an agreement with the city to indemnify and hold the city harmless from all injuries and damage resulting from the permitted use. G. Insurance. The Director may require an applicant to provide the city with proof of insurance prior to using the Recreational Area. Type of insurance and minimum amounts of coverage will be set by the City's Risk Manager. H. Bond for Security Costs. Where necessary for the protection of public property, the Director may require that the permittee provide either city approved private security or a bond or a cash deposit sufficient to cover the actual costs for police security and potential damage to city property. The actual cost is computed by determining the number of additional police officers that will be required for the event, the number of hours the officers will be on duty for the event, and the city's fully burdened cost of providing officers on an hourly basis. I. No alcoholic beverages shall be sold, given away or dispensed at any Recreational Area without prior written consent of the Director, and with the understanding that the applicant must also apply to the California Alcoholic Beverage Control Department for additional permits as required by State law. J. Any youth group making an application for the use of any Recreational Area must be a group with a constitution and/or bylaws, which meets regularly, has a slate of officers, and has an advisory adult leader who will take the responsibility to sign the application. The adult leader would assume responsibility for damage to Recreational Area amenities, as well as the deportment of the group while they are using the Recreational Area. Minors are to be under the supervision of a responsible adult at all times during the use of the facility. Any exceptions can be made at the discretion of the Director when applicable.. K. The fees established under this chapter shall be paid seven days in advance of the use of any Recreational Area, with the exception of Hutchins Street Square. Fees for use of 20 Hutchins Street Square shall be paid ninety (90) days in advance. No reservation for any Recreational Area will be considered complete until payment of the appropriate fee(s). 12.16.120 Standards for issuance of permit. A. The Director shall issue a park permit upon finding that: 1. The proposed use of the Recreational Area will not unreasonably interfere with or detract from the general public enjoyment of the Recreational Area; 2. The proposed use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; 3. Every condition, including, where applicable, the payment of fees, approval of the Department, proof of insurance coverage, and applicable requirements under this Chapter are met; 4. The proposed use is not reasonably anticipated to incite violence, crime or disorderly conduct; 5. The proposed use will not incur unusual, extraordinary, or burdensome expense or security operation by the Department; 6. The Recreational Area is not reserved for other use; 7. The applicant agrees to comply with the conditions of approval imposed by the park permit. B. The Director shall deny the application if the Director finds that any of the following conditions exist: 1. That the application reveals that the city has no Recreational Area that will accommodate the activity of the applicant; 2. That the proposed activity is of a size or nature that requires the diversion of so great a number of police officers of the city, as to hinder police protection to the city as a whole; 3. That the applicant refuses to agree in writing to comply with all conditions in the park permit; 4. That the applicant failed to file a timely, complete application; 5. That the proposed activity violates federal, state or local laws or regulations; 6. In the case of a park permit for a Commercial Activity, a park permit for a Commercial Activity has been issued for the same date and times in the same recreational area; or 7. The proposed activity is not allowed under Section 12.12.060. 21 C. Any denial of an application for park permit shall specify the grounds therefor. Any person or entity whose application has been denied by the Director may appeal the denial to the City Manager, pursuant to the procedure as set forth in this chapter. 12.16.130 Permit required. No person shall use any Recreational Area when payment of a fee is required, until a permit for such use has been issued by the Department and all necessary fees paid. 12.16.140 Contract. If the Director determines that a contract for the use of the premises is required, the Director shall furnish a form of contract to the applicant for execution, which shall thereafter be submitted to the city attorney for approval. The city manager is authorized and directed to execute such approved contract for and on behalf of the city. 12.16.150 City Manager review. The City Manager may review any determination of the Director in regard to such applications, permits or contracts required by this Chapter. 12.16.160 Fraud. No person shall apply for a permit to use any of premises under this chapter for any purpose with the intent to defraud the city of any fee or fees. 12.16.170 Insurance. A. The Director may require an applicant to provide insurance adequate to cover potential loss due to injury or damage arising out of the permitted event. If insurance is required a copy of the policy or certificate of insurance, along with necessary endorsement, must be provided to the Director not less than ten days before the date of the event The user of any Recreational Area, may be required to indemnify or hold harmless the city, its officers, directors or employees from any loss, liability or damage arising out of, as the result of, or in connection with the use of the Recreational Area, equipment or services of the city, its officers or employees, including all costs of defending any claim arising as a result thereof. In such case, the applicant shall present the city with evidence of a policy of insurance, effective throughout the period of use, in an amount and fashion as determined by the City's Risk Manager. B. Policies of insurance shall not be cancellable without fifteen days' prior written notice to the city, and shall name city as an additional insured. C. Evidence of products liability coverage may be required in an amount not less than one hundred thousand dollars. D. The person or persons to whom a park permit is issued shall be liable for any loss, damage or injury sustained to any person whatever by reasons of the negligence of the person or persons to whom such permit has been issued. 22 E. If food or alcoholic beverages or nonalcoholic beverages are sold or served at the event, the insurance policy must include an endorsement for product and/or liquor liability. 12.16.180 Priority of Park Permit. A. A person who uses a fee facility without a permit or a posted picnic area or park facility which has been reserved for exclusive use, shall vacate the area when the holder of a park permit arrives on the site. 12.16.190 Exhibiting permit. A person who claims to have a park permit for use of a Recreational Area shall produce and exhibit a copy of the permit upon the request of a Department employee, code enforcement officer or city police officer. 12.16.200 Permit exemptions. A maximum of 24 people may use, occupy, or remain in an unfenced Athletic Field that is not otherwise being used or occupied by a person or group with a park permit issued pursuant to this chapter, without a permit, provided such use or occupancy is not intended to and does not occur on a recurring basis (defined as two (2) or more times per month), and is not a Commercial Activity. 12.16.210 Appeals. Any person or entity may appeal the decision of the Director to the city manager. The applicant must file said appeal with the city clerk within five calendar days of the Director's decision. The city manager or designee, shall hold a hearing within twenty-one business days of the filing of the appeal, at which time the Director may present any and all evidence, testimony and information relevant to the denial or exclusion from the premises. The city manager shall, within five business days of the appeal hearing, issue a decision either affirming the denial of the application or exclusion of the activity by the Director, or directing the Director to issue the requested permit or allowing the activity at issue. The decision of the city manager is final and not subject to further appeal. 12.16.220 Regulation authority. The Director may establish and post regulations governing the use of the Recreational Areas which are not inconsistent with regulations contained in this chapter and which promote the public health, safety, and the preservation of City property. 12.16.230 Revocation. The Director shall have the authority to revoke a park permit upon a finding of a violation of any rule, regulation or ordinance, or upon good cause shown. 12.16.240 Possession and display. The permittee or applicant shall have a copy of the park permit in his/her possession and shall produce same upon request made by any Department employee, code enforcement officer or city police officer. 23 12.16.250 Violation—Infraction. Any person who violates any provision of this chapter is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not exceeding the maximum prescribed by law. SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 4.SeverabilitY. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 6. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. ATTEST: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. Approved this 20th day of May, 2015 BOBJOHNSON MAYOR 24 I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1902 was introduced at a regular meeting of the City Council of the City of Lodi held May 6, 2015, and was thereafter passed,_ adopted, and ordered to print at a regular meeting_ of said Council held May 20, 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1902 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: JANICE D. MAGDICH City Attorney 25 JENNIFER M. FERRAIOLO City Clerk