San Marcos, CA
San Marcos, California - Code of Ordinances TITLE 9 - PARKS AND RECREATION CHAPTER 9.04 - GENERAL 9.04.050 - General Prohibited Conduct.
9.04.050 - General Prohibited Conduct.
(a)Any conduct or activity that violates any other provision of the San Marcos Municipal Code is prohibited in or on any City or municipal Park or trail.
(b)Personal Conduct. It is unlawful for any Person to engage in any violent, abusive, loud, boisterous, vulgar, wanton, obscene or otherwise disorderly conduct, disturb or annoy others, or engage in any activity that could cause injury to other Persons or disrupt the enjoyment of other Persons on or in connection with their use of a recreation facility. No Person upon or in connection with a recreation facility shall by act or speech willfully or unreasonably hinder, interrupt or interfere with any permissible activity.
c)Possession, Use, or Consumption of Alcoholic Beverages Prohibited. It is unlawful for any Person to possess, use, or consume any Alcoholic Beverage in a recreation facility or in a City or municipal Park unless expressly authorized by a Park Use Permit. It is unlawful to be under the influence of any intoxicating substance at any time. Violation of this subsection is punishable as a misdemeanor pursuant to SMMC Section 10.32.040(c).
(d)Possession and or Use of Controlled Substances. It is unlawful to use, manufacture, possess, constructively possess, sell, give away, barter, exchange, distribute, or otherwise transfer any Controlled Substance as provided by California law, except that a lawfully obtained medical prescription may be used as directed by a licensed physician or other authorized medical practitioner. The foregoing exception for a lawfully obtained medical prescription shall not apply to Smoking as defined in Section 9.04.020(n) and described in Section 9.04.050
(e), which remains a prohibited conduct and activity.(e)Smoking and/or Tobacco Use. It is unlawful for any Person to Smoke and/or to use, carry or hold a lighted or heated pipe, cigar, cigarette, or any other lighted or heated Smoking product, device or equipment used to inhale, exhale, heat or burn any tobacco products, weed, plant, or any other combustible substance within 100 feet of any boundary of any municipal Park, trail or facility.
(f)Littering. It is unlawful for any Person to deposit, scatter, drop or abandon in any Park any Litter, including bottles, cans, glass, hot coals, ashes, cigarette butts, sewage, waste or other material, natural or artificial, except in receptacles provided for such purpose.
(g)Gambling. It is unlawful for any Person to gamble or participate in any game of chance for a consideration of items of value, except for non-profit fundraising, opportunity drawing or comparable activity that is in compliance with State law, provided a valid Park Use Permit has been issued for such activity.
(h)Possession and Use of Fireworks. It is unlawful for any Person to have in their possession, or to set off or attempt to set off or ignite any firecrackers, fireworks, smoke bomb, rockets, black powder guns or other pyrotechnics without prior written authorization from the City Manager or Director. Violation of this subsection is punishable as a misdemeanor pursuant to SMMC Section 17.64.260.
(i)Interference with Employee Performance of Duty. It is unlawful for any Person to impersonate an employee of the City or Peace Officer or interfere with, harass, or hinder an employee in the lawful discharge of their duties. See Cal. Penal Code § 71.
(j)Pets. In addition to the restrictions contained in SMMC Chapter 6.24, it is unlawful for any Person to:
(1)Allow a Pet, except a certified assistance dog, to enter or be in an organized sport Area of any municipal Park.
(2)Bring a Pet into an authorized Area of a Park without complying with the leash and restraint requirements of SMMC 6.24.110(a), unless in a Pet exercise or training Area intended for off leash purposes designated by the Director.
(3)Allow a Pet under his/her control to disturb, harass, or interfere with any Park visitor or a Park visitor's property.
(4)Allow a Pet to disturb, harass, or interfere with wildlife or wildlife nesting Areas, or any tree, plant, building or Park equipment.
(5)Lead or attempt to control a Pet while on any means of locomotion that could potentially interfere with full control of the Pet.
(k)Failure to Properly Dispose of Animal Feces. Any Person having the authorized custody or control of any dog shall be responsible for cleaning up the feces of the animal and properly disposing of such feces in a sanitary manner.
(l)Amplified Sound and Annoying Noises. It is unlawful for any Person to make any loud, unnecessary or unusual noise or display, play or operate any sound amplification device including radios, television sets, public address systems, musical instruments, CD players and the like in such a way which annoys, disturbs, injures or endangers the comfort, repose, peace or safety of other Persons in a recreation facility, or is audible from more than 20 feet away.
The following factors shall be considered in determining whether a violation of the provision of this section has occurred, and shall include, but not be limited to, the following:
•Volume of the noise;
•Intensity of the noise;
•Whether the nature of the noise is usual or unusual;
•The level and intensity of the background noise, if any;
•The type of area within which the noise emanates;
•The intensity of human use of the area during the time at which the noise emanates;
•The time of day or night when the noise occurs;
•The duration of the noise.
These criteria shall be interpreted by staff of the Parks and Recreation Department and/or a Peace Officer who shall allow, deny or restrict the level of sound allowed.
(m)Fires and Use of Barbeque Grills. It is unlawful for any Person to light or maintain any fire in any Park other than in a designated receptacle designed for such a purpose, except upon issuance of a Park Use Permit by the Director. All fires lighted or maintained pursuant to this section shall be in compliance with all applicable rules and regulations of the County of San Diego for air pollution and any Fire Department having jurisdiction over the respective Park Areas and or recreation facility.
It is unlawful for any Person to use a City barbecue grill and allow such grill to remain in an untidy or unsanitary condition. Additionally, it is unlawful for any Person to fail to clear away all cooking and eating utensils and waste matter after use. Any Person using a City barbecue grill shall ensure that all fire is completely extinguished when such use is completed.
(n)Amusement Contraptions. It is unlawful to bring in, set up, construct, manage or operate any amusement or entertainment contraption, device or gadget without a valid Park Use Permit. The use of an amusement contraption is limited to designated group reservation sites as may be identified by the Parks and Recreation Commission pursuant to Section 9.04.030(e), supra.
(o)Engine Powered Models and Toys. It is unlawful for any Person to start, fly or use any fuel-powered model aircraft, model boat, model car, or rocket or like-powered toy or model, except at those Areas or waters specifically designated by the Director for such use, or with a valid Park Use Permit.
(p)Unlawful Occupancy. It is unlawful in any municipal Park for any Person to enter any building, installation, or Area that may be under construction or locked or closed to public use; or to enter or be upon any building, installation or Area after the posted closing time or before the posted opening time, or contrary to posted notice.
(q)Glass Containers. No Person shall possess any glass container in any municipal Park.
(r)Possession and Use of Weapons. It is unlawful for any Person to possess, use, fire, discharge, or cause to be discharged across, in, or into any portion of a Park, any Weapon, except in Areas and at times designated by the Director for such use, or pursuant to a Park Use Permit. See also Cal. Penal Code § 16000 et seq.
(Ord. 2008-1303, 4-8-2008; Ord. No. 2017-1452 , § 2(Exh. A), 10-10-2017; Ord. No. 2019-1471 , § 4(Exh. C), 2-12-2019; Ord. No. 2022-1515 , § 1, 3-22-2022)