HomeMy WebLinkAboutAgenda Report - May 20, 2015 J-01AGENDA ITEM ism
' CITY OF LODI
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AGENDA TITLE: Ordinance No. 1902 Entitled, "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"
MEETING DATE: May 20, 2015
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1902.
BACKGROUND INFORMATION: Ordinance No. 1902 entitled, "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" was introduced at the regular City Council meeting of May 6, 2015.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney and reflects the changes requested by
the Council at the May 6, 2015 meeting regarding tobacco use in parks.
FISCAL IMPACT:
FUNDING AVAILABLE
JMF/PMF
Attachment
Not applicable.
Not applicable.
A AA
J nifer M. K6rraiolo
C y Clerk
APPROVED:
Stephen Schw_-abaugr, City Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinance1. DOC
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
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.
12.12.050 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.
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.
F. "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."
G. "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.
H. "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
products—Prohibited in certain posted Recreational Areas.
.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.
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.
and/or tobacco
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.
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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, alcoholic beverages and or
tobacco products 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 possess or consume any
alcoholic beverage or to smoke or otherwise use tobacco products.
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.
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.
0
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.
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.
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12.12.150 Bathing, swimming and waterskiing—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.
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.
8
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
0
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.
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 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.
10
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
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.
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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.
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.
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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:
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;
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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:
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:
1. 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,
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summarize the regulations governing the use of the skate facility. Each
sign shall contain, in letters not less than Y2 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
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
Waterfowl and Migratory Birds
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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.
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
"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.
16
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.
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.
12.16.010 Purpose
12.16.020 Definitions
Article I. General Provisions
17
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 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.
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.
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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
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.
19
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
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;
20
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:
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.
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.
21
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.
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.
22
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.
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
23
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.
Approv d thi, "' day of May, 2015
BOB JOHN
ATTEST: MAYOR
PSL`+
NIFEI M. FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
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 - Chandler, Kuehne, Mounce, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
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:
(—JANIC—E D. MAGDICH
�-Eity -Attorney
24
QLA� ��' ±!4^�
JONIFERW FERRAIOLO
City Clerk
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.
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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.
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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.
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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.
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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:
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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:
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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
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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.
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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.
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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.
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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
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
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PUBLISH DATE: SATURDAY, MAY 23, 2015
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LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, MAY 21, 2015
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
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DEPUTY CITY CLERK
ELENA STODDARD
ADMINISTRATIVE CLERK
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N:\Administration\CLERK\OrdSummaries\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. Adopted May 20, 2015; and effective June 19, 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. Adopted May 20, 2015; and effective
June 19, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES:
None; 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. Adopted May 20, 2015; and
effective June 19, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson;
NOES: None; ABSENT: None.
ORDINANCE NO. 1905
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING CHAPTER 13.14,
"STORMWATER MANAGEMENT AND DISCHARGE CONTROL CODE," IN ITS ENTIRETY.
The purpose of this ordinance is to bring the Lodi Municipal Code into compliance with the State
of California's General National Pollutant Discharge Elimination System Phase II Stormwater
Permit. Introduced May 20, 2015. Adoption will be considered June 3 2015. AYES: Chandler,
Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
May 21, 2015
Certified copies of the full text of these ordinances are available in the office of the Lodi City
Clerk.
X
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 22, 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 22, 2015, at Lodi, California.
Pamela M. Farris
Deputy City Clerk
ordsummaries\aadecpost2 doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elena Stoddard
Administrative Clerk
ORDINANCE NO.1902
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 12 – STREET -S, 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.
12.12.050 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.
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.
F. "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."
G. "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.
H. "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 offeesand 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
products—Prohibited in certain posted Recreational Areas.
.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.
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.
and/or tobacco
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.
4
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, alcoholic beverages and or
tobacco products 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 possess or consume any
alcoholic beverage or to smoke or otherwise use tobacco products.
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 gat0s 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.
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.
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.
7
12.12.150 Bathing, swimming and waterskiing—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.
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.
F3
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:
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.
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.
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.
10
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
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.
11
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.
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.
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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:
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;
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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:
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:
1. 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,
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summarize the regulations governing the use of the skate facility. Each
sign shall contain, in letters not less than 1/2 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.
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
12.12.510
Purpose.
12.12.520
Definitions.
12.12.530
Prohibited conduct.
12.12.540
Violations and penalties.
12.12.550
Enforcement
Waterfowl and Migratory Birds
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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.
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
"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.
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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.
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.
12.16.010 Purpose
12.16.020 Definitions
Article I. General Provisions
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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 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.
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.
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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
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 106 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.
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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
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;
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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.
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.
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12.16.150 City Manager review.
The City Manager may review any determination of the Director in regard fo 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.
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.
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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.
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 Mandato 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
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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 5. 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 20t' day of May, 2015
BOBJOHNSON
MAYOR
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 5, 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 — Chandler, Kuehne, Mounce, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
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
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JENNIFER M. FERRAIOLO
City Clerk