City of Cupertino Municipal Code

13.04.120 Use of Park Property

No person in a park shall do any of the following:
A. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railing, paving or paving material, water lines or other public utilities or parts or appurtenances whatsoever, either real or personal;
B. Litter, soil or defile restrooms. No person over the age of six years shall use restrooms and washrooms designed for the opposite sex;
C. Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. It is unlawful to gather firewood or to collect within the park any type of plant material for the purpose of building a campfire;
D. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued under this chapter;
E. Go upon any lawn or grass plot, where prohibited by the Recreation and Community Services Department, and where such prohibition is indicated by proper and legible signs;
F. 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. No person shall dig in, or otherwise disturb any grass area, or in any way injure or impair the natural beauty or usefulness of any areas;
G. Climb any tree or walk, stand or sit upon any monuments, vases, fountains, railing, fences, or upon any other property not designated or customarily used for such purposes;
H. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile, or bird; nor shall any person remove or have in his possession the young of any wild animal, or the eggs or nest or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattlesnakes, or other deadly reptiles may be killed on sight;
I. Use any system for amplifying sounds, whether for speech or music or otherwise, unless an exclusive use permit is first secured.
(Ord. 531, § 12, 1972)

13.04.130 Behavior of Persons in Parks

No person in a park shall do any of the following:
A. Bring to a park any alcoholic beverages, and no person may drink alcoholic beverages at any time in a park, except picnickers, who may bring to a park, and drink, beer or wine with their picnic meal, so long as they conduct themselves in an orderly manner;
B. Enter or remain in a park while under the influence of intoxicating liquor or any drug;
C. Have brought, or have in his possession, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or any highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints;
D. No person having the control or care of any dog shall suffer or permit such dog to enter or remain in a park, unless posted for such use, and then only if it is led by a leash of suitable strength not more than six feet in length; and the owner and the attendant shall be responsible for any damage caused, in any event, by such dog, even if on leash;
E. Lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind, without a permit to do so from the Director of parks and recreation;
F. Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior special permission be obtained therefore from the Director;
G. Enter an area posted as “Closed to the Public,” and no person shall use, or abet the use of, any area in violation of posted notices;
H. Play or bet at or against any game which is played, conducted, dealt, or carried on for money, chips, shell, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any other ordinance of the City;
I. Sleep, or protractedly lounge, on the seats, benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace;
J. Use, carry, or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wild life or to human safety. Shooting into park areas from beyond park boundaries is prohibited;
K. Solicit alms or contributions for any purpose, whether public or private, without prior permission from the City Council;
L. Use or allow the use of powered model airplanes except in areas so designated by the department of parks and recreation;
M. Play or practice golf or use golf clubs in any area of the park not designated for such use;
N. Indulge in riotous, boisterous, threatening or indecent conduct.
O. No person shall skate or rollerblade in a manner that causes damage to park amenities or threatens the safety or well being of park patrons. Skating or rollerblading is prohibited on raised surfaces where signed.
(Ord. 1945, 2004; Ord. 1886, (part), 2001; Ord. 531, § 13, 1972)

13.04.140 Sanitation Requirements

No person in a park shall do any of the following:
A. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters;
B. Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, refuse or trash on the grounds thereof. Such items shall be placed in the proper receptacles where these are provided; and, where such receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.
(Ord. 531, § 14, 1972)

13.04.150 Vehicle Requirements

No person in the park shall do any of the following:
A. Fail to comply with all applicable provisions of the Vehicle Code of the state in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and any other ordinances of the City regulating traffic;
B. Fail to obey all traffic officers and park employees who are hereafter authorized and instructed to direct traffic in the parks in accordance with the provisions of this chapter and such supplementary regulations as may be issued by the Director;
C. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all other signs posted for proper control and to safeguard life and property;
D. Ride or drive a vehicle at a rate of speed exceeding fifteen miles an hour, except upon such roads as the City may designate by posted signs for speedier travel;
E. Drive any vehicle on any area except paved roads or parking areas, or such other areas as may be specifically designated as temporary parking areas by the department of parks and recreation;
F. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there, and with the instructions of any attendant who may be present;
G. Ride a motorcycle, motor bike, or similar vehicle in any park, except where used to transport invalid persons;
H. Ride a bicycle on other than a paved road or path. Notwithstanding the foregoing, no person may ride a bicycle on a paved road or path where such activity is prohibited by posted signage. A bicyclist may wheel or push a bicycle by hand over any grassy area, wooded trail, or over any other area in which bicycle riding is otherwise prohibited;
I. 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 machine with reasonable regard to the safety of others, signal all turns, pass to the left of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting;
J. Ride any other person on a bicycle, except where the bicycle is built for operation by more than one person;
K. Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and there is space available;
L. 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 it.
(Ord. 2014, 2008; Ord. 531, § 15, 1972)

13.04.160 Swimming Restrictions

No person in a park shall swim, bathe, wade in or pollute the water of any fountain, pond, lake or stream, except that wading and swimming shall be permitted in pools specifically provided for these purposes, and so posted.
(Ord. 531, § 16, 1972)

13.04.170 Picnic Area Use Restrictions

No person in a park shall do any of the following:
A. Picnic or lunch in a place other than one 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 of the park facilities for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. Individual fireplaces or tables and benches shall be used on the basis of “first come, first served”;
B. Use any portion of the picnic areas, or any of the park buildings or structures for the purpose of holding picnics, to the exclusion of other persons, and no person shall use such area and facilities for an unreasonable length of time if they are crowded;
C. Leave a picnic area before a fire started or later used by him is completely extinguished.
(Ord. 531, § 17, 1972)

13.04.180 Advertising and Sale Restrictions

A. No person in a park shall, without prior permission from the City Council, do any of the following:
1. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing;
2. Announce, advertise or call the public attention in any way to any article or service for sale or hire;
3. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription.
B. In addition, in order to insure the public safety, health and general welfare, no person shall expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the sale or display of any article or thing, on a public street, within five hundred feet in a straight line from the nearest boundary of any park.
(Ord. 1886, (part), 2001; Ord. 531, § 18, 1972)

13.04.190 Closing Hours–Prohibitions

No person in a park shall do any of the following:
A. Remain, stay or loiter in any public park, between the hours of ten p.m. and six a.m. of the following day, or as may otherwise be designated by minute order or resolution of the City Council. The opening and closing hours for each individual park shall be posted therein by the department of parks and recreation for public information;
B. Set up tents or other temporary shelter for the purpose of overnight camping, nor shall any person park or leave in a park, after closing hours, any vehicle or movable structure to be used, or that could be used, for such purposes, such as a horse trailer, camp trailer, pickup camper, or the like;
C. Park or leave in a park, after closing hours, any vehicle. Signs shall be posted at all park entrances to notify park visitors of the effects of paragraph C of this section.
(Ord. 754, § 1, 1976; Ord. 670, § 1, 1974; Ord. 531, § 19, 1972)

13.04.191 Towing of Vehicles Remaining after Closing Hours

Any vehicle or movable structure left in a park after closing hours may be towed away to a public garage at the owner’s expense. Signs shall be posted at all park entrances to notify park visitors of the effects of this section.
(Ord. 752, § 1, 1976)

13.04.200 Closing Sections of Parks

Any section or part of a park may be declared closed to the public by the Director of Recreation and Community Services at any time, and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or merely to certain uses, as the Director may reasonably find necessary.
(Ord. 531, § 20, 1972)

13.04.201 Nature and/or Rural Preserve

A. Any park characterized by such unique natural features that it is deemed a valuable and irreplaceable resource may be designated by the City Council either by ordinance or resolution as a nature and/or rural preserve, in which event it shall be used and treated in a manner consistent therewith.
B. Uses shall be limited to those which will maintain and protect the ecology of the area, conserve the natural features and scenic values, expand community awareness and understanding of natural history and the environment, and provide enjoyment of the resources present consistent with their preservation.
C. McClellan Ranch Park is designated a nature and rural preserve.
(Ord. 710, (part), 1975)