CITY COUNCIL AGENDA ITEM
Meeting Date: December 14, 2004
Subject/Title: Waive second reading and adopt Ordinance 788 creating a new
Title 7, Parks and Recreation, including such subjects as parks, trees and
shrubs, recreational uses, and trails and deleting Chapter 9.48, Use of City
Park and Chapter 12.16, Street Trees.
Prepared by: Tammy Homan, Administrative Secretary
Poldina Scherff, Recreation Services Manager
Ken De Silva, Park Services Manager
Submitted by: Craig Bronzan, Director Parks and Recreation
Waive second reading and adopt Ordinance 788 creating a new Title 7, Parks
and Recreation, including such subjects as parks, trees and shrubs,
recreational uses, and trails and deleting Chapter 9.48, Use of City Park
and Chapter 12.16, Street Trees.
The City established a Parks and Recreation Department in July of 1999 as a
result of the merger with the Brentwood Recreation and Park District.
On June 24, 2004, the Park and Recreation Commission unanimously approved a
staff recommendation to bring this document forward to City Council for
On October 26, 2004, City Council considered this item and continued the
Public Hearing to November 9, 2004.
On November 9, 2004, City Council approved Ordinance 788 with changes to the
Section 7.02.120 Alcoholic Beverages and removal of Section 7.04 Heritage
Tree Preservation. The remainder of the Ordinance was approved as
The following changes have been made at the request of City Council from the
November 9, 2004 City Council meeting:
A. On Page 1, Chapter 7.04 has now intentionally been left blank in the
chapter list of contents for when staff returns to City Council with a
revised Heritage Tree Preservation ordinance.
B. Title 7.01.020 Definitions, F. “Heritage Tree” and Q. “Tree Board” have
been removed and this section renumbered.
C. Section 7.02.120 Alcoholic Beverages. The sentence “Alcohol is not
allowed at an event being held for a person under drinking age” has been
D. Chapter 7.04 Heritage Tree Preservation is now “Intentionally Left Blank”
to reserve a section for when a revised ordinance is brought forward for
approval. The previous section has been deleted in its entirety.
This ordinance will bear no fiscal impact on the City or the Parks and
Recreation Department. Staff has been waiting for approval of this ordinance
for the creation of new park and facility rule and regulation signs, which
will be installed as a part of the regular maintenance budget that has been
approved by City Council.
Existing Chapters 9.48 and 12.16 from Brentwood Municipal Code
ORDINANCE NO. ________
AN ORDINANCE CREATING TITLE 7, PARKS AND RECREATION, AND DELETING CHAPTER
9.48, USE OF CITY PARK AND CHAPTER 12.16, STREET TREES
WHEREAS, the City of Brentwood Park and Recreation Ordinance has not had a
thorough review since 1996; and
WHEREAS, the City established a Park and Recreation Department in July of
1999 as a result of the merger with the Brentwood Recreation and Park
WHEREAS, City staff and the City of Brentwood Park and Recreation Commission
have undertaken a comprehensive review of the existing ordinance and have
made recommendations to City Council for consideration.
Now Therefore, the City Council of the City of Brentwood does ordain as
SECTION 1. The Brentwood Municipal Code is amended to add Title 7, Parks and
Recreation, to read as follows:
Parks and Recreation
7.01 Purpose and Definitions
7.02 Parks and Facilities
7.03 Trees and Shrubs
7.04 (Intentionally Left Blank)
7.07 Applicability of Other Laws
Chapter 7.01 Purpose and Definitions
The purpose of this Title 7 is to regulate the use of the parks and
recreation facilities of the City in order to provide maximum enjoyment in
the use of such parks and facilities and reduce disturbance or interference
with the use of surrounding areas.
Title 7.01.020 Definitions.
For the purpose of this Title 7, unless otherwise apparent from the context,
certain words and phrases used in this title are defined as follows:
A. “Alcoholic beverage” shall mean alcohol, liquor, wine, beer and every
liquid or solid containing alcohol, spirits, wine or beer, and which
contains one-half of one percent or more of alcohol by volume and which is
fit for beverage purposes either alone or when diluted, mixed or combined
with other substances.
B. "Applicant" shall mean the individual requesting a permit in Section 7.02
or a property owner requesting permission to remove a tree on improved
property in Sections 7.03 and 7.04.
C. "Certified or Consulting Arborist" shall mean an arborist who is
registered with the International Society of Arboriculture and approved by
D. "Director" shall mean the Director of Parks and Recreation of the City or
E. "Facilities" shall include those buildings, parks, landscape areas, ball
fields, parking lots, special use facilities, or any portion thereof, under
the supervision of the Parks and Recreation Department.
F. “Park” shall mean all property within the city, operated, maintained or
controlled by the city, whether such property is used as a park, parkway,
greenbelt, tot lot, sports field, internal sidewalk, general trail, parking
lot, children’s playground area, picnic area, or is maintained as open
space, including undeveloped sites for future parks and includes any
G. "Permit" shall mean a written permit for the permitted use or exclusive
use of a park or facility as provided for and defined in this title.
H. “Picnic area” shall mean a special area in a park with tables set aside
for the purpose of the consumption of food and beverages.
I. "Picnicker" shall mean a person on an outing or excursion with food
usually provided by such person and eaten in the open.
J. "Significant impact" shall mean an unreasonable interference with the
normal and intended use of the property. In determining whether there is a
significant impact, the typical longevity of the subject tree species, as
well as the size of the tree relative to the property, shall be considered.
Normal maintenance, including, but not limited to, pruning, and leaf removal
and minor damage to paving shall not be considered when making a
determination of significant impact.
K. “Skate Park” shall mean a facility designed specifically for riding
skateboards, rollerblades and roller skates with sculptured events such as
ramps, jumps and bowls, and shall include any hard surface area within forty
(40’) of the Skate Park itself.
L. "Sound amplifying equipment" shall mean any electrical or battery
operated machine or device for the amplification of the human voice, music,
or any other sound. "Sound amplifying equipment" shall not include standard
vehicle radios when used and heard only by the occupants of the vehicle in
which the radio is located.
M. “Special event” shall mean any event which is scheduled to take place
within the City of Brentwood, including events which will be conducted on or
contiguous to a City street, sidewalk, alley or other right-of-way, or other
public areas, (or events on private property which are likely to obstruct,
delay or interfere with the normal flow of pedestrian or vehicular traffic),
or which may require special accommodations, regulation, or waiver of the
usual traffic laws or controls, or is likely to generate a crowd of
spectators sufficient in size to obstruct, delay or interfere with the
normal flow of pedestrian or vehicular traffic, or which may generate a
crowd of sufficient size to restrict access to parks, recreation areas or
other public areas, or any event which is likely to result in the need, for
public safety reasons, for Police regulation, monitoring and control.
N. “Street” includes all public streets, roads, alleys, parkways and other
public rights-of-way of the City. (Ord. 280 § (part), 1977)
O. “Street tree” shall mean any tree which grows within or which overhangs
any public street or right of way. Trees planted in designated thoroughfare
rights-of-way where access is restricted or prohibited are specifically
excluded from this Title.
P. “Topping” shall mean heading back of the crown and/or creating large
stubs without regard to form.
Q. “Vehicle" shall mean any wheeled conveyance, whether motor powered,
animal drawn, or self-propelled, including bicycles and any trailer in tow
of any size, kind, or description, except baby carriages, wheelchairs, and
vehicles in the service of the City parks.
Chapter 7.02 Parks and Facilities
7.02.010 Compliance required.
No person shall enter, be, or remain in any park or facility of the City
unless he complies with all the applicable regulations set forth in this
7.02.020 Special Event permits.
A. An application for a Special Event Permit, as defined in 7.01.020 (M),
shall be submitted to the Parks and Recreation Department. Applications are
subject to review and approval by all applicable City departments.
B. The Director shall establish, adopt and amend guidelines, policies, rules
and regulations for the use of facilities within the boundaries of the City
of Brentwood Service Area.
C. Organizations and groups may conduct fundraising activities only for
community projects, charitable projects, or educational projects. The
Director will evaluate all written requests by an organization to hold a
fundraising event and a determination will be made on a case-by-case basis.
D. Nothing in this chapter overrides or exempts the requirements of a
Temporary Use Permit (Brentwood Municipal Code Chapter 17.850)
7.02.030 Exclusive use permits.
As there may be situations where an Exclusive Use Permit is necessary, the
following conditions apply in addition to the conditions set in 7.02.020 for
Special Event permits.
A. Parks and/or facilities shall be made available for the exclusive use and
regulated use of by recognized civic groups, nonprofit, service, or youth
organizations within the Brentwood service area and for activities sponsored
by or supported financially or otherwise by the City, subject to the
issuance of a permit by the Director. Nothing in this section shall be
deemed to change the status of any City park and/or facility from a public
park or public facility to a private park or private facility.
7.02.040 Liability insurance required.
Liability insurance with coverage as determined by the City of Brentwood
shall be required for all special events and any other permit, as determined
7.02.050 Contents of applications.
All applications shall be signed by an authorized representative of the
organization sponsoring the activity, and the organization shall be
responsible for compliance with all the provisions of this chapter and the
regulations established by resolution or by the Director and for all damages
resulting from the conduct of the activity sponsored by the organization.
7.02.060 Action on applications.
A. The decision granting or denying such application shall be mailed to the
applicant at the address designated on the application.
B. The Director, in granting the application, may impose reasonable
requirements and conditions concerning the use of the park or facility by
C. The Director is hereby authorized to charge, collect, and waive fees as
authorized by City Council.
D. The fee authorized by this chapter shall be set by resolution of the
Brentwood City Council.
E. Requirement of a deposit for rentals will be set by resolution of the
Brentwood City Council.
F. The Director shall deny the application if the Director finds one or more
of the following:
(1) The activity is not sponsored by an organization specified in 7.02.030
or 7.05.040 of this chapter;
(2) The proposed activity or use will unreasonably interfere with, or
detract from, the promotion of the public health, welfare, safety, or
(3) The proposed activity or use is anticipated to incite violence, crime,
or disorderly conduct; or
(4) The occupancy load of the park or facility will be exceeded;
(5) The desired park or facility is already scheduled for use;
(6) The applicant fails to provide timely and accurately all required
(7) Prior negative incidents by applicant or history of similar
7.02.070 Security requirements.
A. Every person operating, promoting, maintaining or conducting a permitted
activity in or at a facility or park shall provide, or cause to be provided,
security for the activity based upon the maximum capacity of the building
and subject to the review and approval of the Chief of Police, or Director.
The cost of such private security shall be borne by the applicant.
B. Every person operating, promoting, maintaining or conducting a permitted
activity in or at a facility shall sign a detailed statement, under penalty
of perjury under the laws of the State of California, declaring the nature
and type of activity to be held in or at the facility or park and the
expected number of guests.
C. The Chief of Police, or Director, shall consider, but is not limited to,
the following factors in setting the security requirements for an activity
held in a City facility or park:
(1) the maximum capacity;
(2) the nature and type of activity to be held;
(3) the hours during which the activity will be held;
(4) if private security will be provided, the credentials, reputation and
practices of the proposed private security company;
(5) attire and equipment used by the private security officers;
(6) prior incidents by applicant or history of similar events/activities; or
(7) whether alcohol is being permitted to be served.
D If alcohol is to be served at the proposed activity, the Chief of Police
or Director may establish conditions, on the sale, distribution, use, and
consumption of any alcoholic beverage, in addition to those set forth by
Alcohol Beverage Control.
E. The Parks and Recreation Department may require use of City staff in
addition to security. This will be determined on a case-by-case basis with
costs borne by the applicant.
7.02.080 Use of areas.
The Director shall have the authority to regulate the activities in park and
facility areas, when necessary, to prevent congestion and to secure the
maximum use of the park facilities for the comfort and convenience of all
and may limit the length of time such facilities are used to avoid crowding.
Visitors shall comply with any directions given to achieve this end.
Individual tables and benches shall be used on the basis of "first come,
first serve" except in areas designated by "Reservation Only."
7.02.090 Hours of public use.
All parks within the city shall be open from sunrise until sunset unless
otherwise posted. No person shall enter or remain within the parks between
sunset and sunrise except by permit or permission of the Director or Chief
No person shall enter into any facility or park that is closed and/or locked
or posted against such entry, except by permit or permission of the Director
or Chief of Police.
All park facility lighting shall be turned off by 11:00 p.m. except by
permit and for security or emergency lighting, as approved by the Director.
7.02.120 Alcoholic Beverages.
The presence and/or the consumption of any and all alcoholic beverages shall
be prohibited except by permit.
Permit for use of alcohol may be issued by the Chief of Police or Director
with notification to Director of permit issuance. Permits issued pursuant to
this section may be issued only for an activity at a specified park or
facility during specified hours. Any permit issued pursuant to this section
may contain conditions as to the number of persons, the time and place for
service and consumption of alcoholic beverages, litter removal, and any
other condition reasonably related to the maintenance of public health and
safety. An alcoholic beverage for private consumption, if allowed, becomes
the liability and responsibility of the group and/or organization renting
the park or facility and permittee shall agree to indemnify, defend, and
hold the City harmless for any claim, lawsuit, or action related to issuance
of this permit. All alcohol shall remain within the park or facility area as
designated on the permit. The Chief of Police may also require security
precautions including, but not limited to, the hiring of security guard(s)
or Brentwood Police Officer(s) at applicant’s expense.
Smoking is prohibited except in areas so designated for smoking.
Candles and other open-flame devices are not allowed in City facilities or
parks, as provided and defined by Section 2501.17 of 1998 California Uniform
Fire Code, as amended.
Camping on city owned property is prohibited, except that the Director may
permit overnight camping by youth organizations and their chaperones in
conjunction with an exclusive use permit.
7.02.160 Closing of a Portion of Park or Facility or entire Park or
Any part of a park or facility or the entire park or facility may be
declared temporarily closed to the public by the Director or Chief of Police
at any time and for any interval of time less than two weeks or longer than
two weeks if construction activities, health and safety concerns require it,
or if permittee is violating any of the conditions of a permit issued by the
Chief of Police or Director.
7.02.170 Skate Park.
All persons who ride a skateboard or skates at a City skate park shall wear
a helmet, elbow pads, and knee pads. If a person who rides a skateboard or
skates at a City skate park fails to wear a helmet, elbow pads, and knee
pads, the person shall be guilty of an infraction. When an enforcement
officer, as defined in Section 1.08.030, observes such violation of this
section, the enforcement officer shall have the authority to issue an
administrative citation to any person responsible for the violation,
pursuant to Section 1.08.040 et seq. (Ord. 673 § 2, 2001). No vehicles, as
defined in this section are allowed to be used in a City skate park.
7.02.180 Acts prohibited.
The following acts are prohibited in a City park or facility:
A. Willfully mark, paint, deface, disfigure, injure, tamper with, or
displace or remove any building, bridge, table, bench, fireplace, railing,
paving or paving material, water line or appurtenances, vending machines, or
other public property, and parents of any minor who does any of these
prohibited acts shall be responsible for all such damage;
B. Litter, soil, or defile rest rooms, vending machines, or any facility.
C. Construct or erect any building, structure, or tent of whatever kind,
whether permanent or temporary in character, or run or string any private or
public service utility into, upon, or across such lands, except with the
written permission of the Director;
D. Go upon any lawn, grass plot, or flower bed where such prohibition is
indicated by a legible sign posted near or in the area;
E. Swim, bathe, wade, fish, boat, or operate powered hobby model boats in
any water of any fountain, pond, lake, creek, or detention basin, except in
areas designated for such purposes and so posted or by permit. Persons shall
not throw, discharge, or otherwise place in the waters of any fountain,
pond, lake, stream, 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;
F. Bring into any park any material which, if spilled or spread, will be
injurious to the turf or plant growth;
G. 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;
H. Attach any rope, wire, or other contrivance to any tree or plant;
I. Dig in or otherwise disturb any park area or in any way injure or impair
the natural beauty or usefulness of any area;
J. Climb any tree or walk, stand, or sit upon any monument base, fountain,
railing, fence, bridge, sign, or upon any other property not designated or
customarily used for such purposes;
K. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, remove,
possess or throw objects at any animal, reptile, or bird;
L. Remove or have in possession any wild animal, or any bird or fowl, or the
eggs or nest or young of any reptile, wild animal, or bird;
M. Bring to, or drink in, a park any alcoholic beverage, except as provided
in this title;
N. Enter or remain in a park while under the influence of intoxicating
liquor or any drug;
O. Bring, or set off, or otherwise cause to explode or discharge or burn in
a park any fireworks, whether safe and sane fireworks or not, or other
flammable or explosive material, or discharge them or throw them into any
park from land, or a vehicle, or building adjacent thereto, except persons
conducting a City-sponsored or supported public fireworks display;
P. Be, remain, stay, or loiter in any public park or facility from sunset to
sunrise (or beyond posted hours), except as authorized by the Director;
Q. Set up tents or other temporary shelters for the purpose of overnight
camping, nor shall any person leave in a park or facility, after closing
hours, any movable structure or vehicle to be used, or that could be used,
for such purposes, such as a house trailer, motor home, camp trailer, or
pickup camper, except as provided in this chapter or approved by the
R. No person having the control or care of any dog shall suffer or permit
such dog to enter or remain in a park (with the exception of an area so
designated as off-leash), unless it is led by a leash of suitable strength
not more than six (6') feet in length. The person owning, controlling, or
having the custody of such dog shall be jointly and severally responsible
for all damages caused by such dog and is responsible for removing and
disposing of owner’s dog waste;
S. Lead, ride, drive, keep, or, let loose any animal, reptile, or fowl of
T. Make or kindle a fire for any purpose, except at places provided for
campfires or barbecues, unless prior permission shall be obtained therefore
from the Director, or leave a fire started by such person, or at Director’s
direction, or used until such fire is completely extinguished;
U. Use, carry, or possess firearms of any description or air rifles, spring
guns, bows and arrows, slings, knives or any other form of weapon
potentially dangerous to wild life or to humans or shoot into park areas
from beyond park boundaries;
V. No person shall discard or permit unattended any lighted cigar,
cigarette, match, pipe or other flammable article.
W. Use or allow the use of powered model airplanes, model rockets, or racing
cars, except in areas designated for such use or by permit.
X. Golfing or use of golf clubs is prohibited in any area of the park,
except in areas so designated and posted.
Y. Indulge in riotous, boisterous, threatening, or indecent conduct;
Z. Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can,
refuse, or trash, except in the receptacles provided for such materials.
Where such receptacles are not provided, all such materials shall be carried
away from the park by the person responsible for its presence and properly
disposed of elsewhere. Household trash is not permitted in City receptacles;
AA. Bring to or have in such person's possession any alcoholic or
non-alcoholic glass beverage container or bottle.
BB. Bringing portable barbecues into City Parks or facilities without a
CC. Land hot air balloon, parachute, hang glider, aircraft, helicopter, or
bungee jumping without permit.
DD. Use any amplification system unless a permit is first secured from the
EE. Use interactive inflatable equipment without a permit.
7.02.200 Traffic and parking.
While in parks or facilities, no person shall:
A. Fail to comply with all the applicable provisions of the Vehicle Code of
the State, in regard to equipment and the operation of vehicles, and the
provisions of this Code;
B. Fail to obey all traffic officers and City employees authorized to direct
traffic in the parks;
C. Fail to obey all traffic regulations concerning the use of vehicles or
caution, stopping, parking, and all other signs posted for control or to
safeguard life and property;
D. Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles
per hour, except upon roads designated by posted signs for different rates
E. Ride or drive any vehicle on any area, except paved roads or parking
areas or other areas designated as temporary parking areas and posted for
that use. A bicyclist may wheel or push a bicycle by hand over any grassy
area or wooded trail or on any paved area reserved for pedestrian use;
F. Park a vehicle in other than an established or designated parking area or
use a parking area in a manner not in accordance with the posted directions
or the instructions of any attendant who may be present;
G. Ride any other person on a bicycle, except where the bicycle is built for
operation by more than one person;
H. Leave a bicycle in a place other than a bicycle rack where a bicycle rack
is provided and there is space available; and
I. Leave a bicycle lying on the ground or paving, or set against trees, or
in any place or position where other persons may ride, drive, or trip over
it or be injured by it.
7.02.210 Advertising: Sale of merchandise.
No person in a park or on public property adjacent to a park shall do any of
the following without a permit:
A. Expose, announce, advertise, call public attention to, or offer any
article or food or drink for sale; nor shall he/she station or place any
stand, cart, or vehicle for the transportation, sale, or display of any such
article or food or drink in the park or on public property adjacent to such
B. Paste, glue, tack, or otherwise post any sign, placard, advertisement, or
The donation of plants, facilities, fountains, sculptures, ponds, pools, or
any other item or funds for such item for any park or facility shall follow
the rules and policies approved by the City Council.
7.02.230 Excessive noise prohibited.
No person in a park or on public or private property adjacent to a park
shall produce, suffer, or allow to be produced any unnecessary loud noise
that disturbs the peaceful and quiet enjoyment of any person in a public
park or surrounding neighborhood (Ord. 72 § 2, 1954).
Chapter 7.03 Trees and Shrubs
In the interest of public health, safety, general welfare and aesthetics,
the purpose of this chapter is to provide a method for the proper care of
trees and shrubs within the city and to define the powers and duties of the
7.03.020 Parks and Recreation Director: Powers and duties.
The Director shall direct the kind and variety of landscape material to be
planted in any public landscape areas, as per the current approved City of
Brentwood Standard Plans and Specifications, Engineering Procedures Manual,
Urban Forest Guidelines, or any other City approved specifications. The
planting, trimming, and removing of trees and shrubbery upon the streets,
public right of ways, and public places of the City are hereby vested in the
Director. It is the duty of the Director to administer, control and regulate
the street tree program of the city in accordance with the provisions of the
Urban Forest Guidelines and this chapter. (Resolution 2490)
7.03.030 Permits required to trim or cut in public places.
It shall be unlawful for any person to trim, cut, mutilate, or injure any
street or city-owned tree, or the roots or branches thereof, growing upon
any public street, curb, or place in the City or to injure or impair the
growth or life of any such tree, roots, or branches without a permit .
7.03.040 Permission required to install poles near trees.
It shall be unlawful for any person to install upon any street any telephone
pole, electric light pole, or power pole within ten (10') feet of the trunk
of any growing tree upon any street in the City without first having
obtained permission from the Director to erect such pole within such limit
of ten (10') feet.
7.03.050 Planting of Street Trees.
No street trees shall hereafter be planted, removed or replaced except in
accordance with the Urban Forest Guidelines and the provisions of this
chapter. (Resolution 2490)
7.03.060 Permits Required – Street Trees.
It shall be unlawful for any person to plant any tree or shrubbery on any
street, public right of way (curb to curb or from back of sidewalk to back
of sidewalk/curb where sidewalk exits only on one side of the street), park,
or public place without first obtaining a permit to do so by applying for
and receiving an encroachment permit from the Engineering Department. All
work done pursuant to the permit shall be in compliance with all applicable
City ordinances, resolutions, standards and specifications. The Director may
attach conditions to the permit including the requirement to replace any
street tree which is removed. Any person aggrieved by the denial of a permit
or the conditions attached to it may appeal to the City’s designated Tree
Board provided that such appeal is made in writing within five days of
action. The appeal shall be heard by the City’s designated Tree Board no
later than thirty (30) days after receipt of the appeal, at which time the
City’s designated Tree Board may grant or deny the appeal. The action of the
City’s designated Tree Board may be appealed to the City Council, whose
decision shall be conclusive and final.
7.03.070 Maintenance – Street Trees.
All street tree maintenance shall be the responsibility of the property
owner. No permit is required for routine maintenance. Routine maintenance
includes minor pruning and trimming, tree feeding, spraying, and watering.
If a street tree dies, it is the property owner’s responsibility to replace
with a tree of the same kind or one that is listed in the Urban Forest
Guidelines. All tree maintenance work shall conform to the International
Society of Arboriculture Guidelines.
7.03.080 Nuisance – Street Trees.
Upon a determination by the Director that a street tree has become a hazard
to pedestrian or vehicular traffic by obstructing vision or impairing
necessary clearance, or in any manner endangering the use of any public
street, sidewalk, sewer, waterline or other public property so as to
constitute a public nuisance, written notice shall be given to the owner of
the property upon which the nuisance tree fronts to remove or otherwise
control such tree in such manner as will abate the nuisance. The cost of
repair or replacement of public facilities is the responsibility of the
property owner. Repair or replacement of sidewalks, curb and gutter or
parking area shall be done in conformance with Title 22 of the California
Streets and Highway Code Maintenance of sidewalks, as amended. (Ord. 280 §2
7.03.090 Trees overhanging public places.
It shall be the duty of every person having charge or control of any lot or
premises, either as owner, agent, lessee, tenant, or otherwise, on which
trees are growing but which overhang any public street, alley, or place to
trim such trees where they overhang any public street, alley, or place so
there shall be a clear space thereunder of at least eight feet (8’) above a
sidewalk and twelve feet (12’) between the lowest limb or foliage of such
trees and the public street, alley, or place. A permit is not required for
Should any such person fail, neglect, or refuse to trim any such tree, the
Director shall have the power to cause such tree to be trimmed in accordance
with the requirements of this section. The cost of such work shall be
charged to, and become a valid claim against, the person having charge or
control of the lot or premises, either as owner, agent, lessee, tenant, or
otherwise, and shall be recoverable in any court of competent jurisdiction.
7.03.100 Interpretation of provisions.
The provisions of this chapter shall not be construed as a limitation on the
power lawfully vested in the Council to cause the removal of any shrubs or
trees if, in the opinion of the City Council, it is necessary to remove the
same for the purpose of improving any street or alley or for any other
lawful cause that encroach within the City’s right of way.
7.03.110 Mutilation of trees unlawful.
It shall be unlawful for any person to mutilate or cause damage to any
street tree except for work in conformance with this chapter. (Ord. 280 § 2
7.03.120 Violation – Penalty – Continuing offenses.
Any person violating any of the provisions of this chapter or who causes,
allows or permits any violation of this chapter is guilty of an infraction
and upon conviction thereof shall be punishable by a fine of at least five
hundred dollars or as provided by B.M.C. Chapter 1.08, whichever amount is
Chapter 7.04 (Intentionally Left Blank)
Chapter 7.05 Recreation
7.05.010 City of Brentwood Recreation Service Area: Established.
The City of Brentwood Service Area is hereby authorized and established for
conducting recreation and activity programs pursuant to policies and
guidelines established by the City Council of the City of Brentwood and
effectuated by the City of Brentwood Parks and Recreation for use of City
and School District facilities and for enrollment in City sponsored and
co-sponsored recreation activities.
7.05.020 City of Brentwood Service Area: Boundaries.
As of the effective date of this section, the City of Brentwood Service Area
Boundaries shall be the Brentwood city limits. The City of Brentwood Service
Area Boundaries may be amended from time to time by resolution of the City
Council of the City of Brentwood with input and recommendation by the Parks
and Recreation Commission.
7.05.030 City of Brentwood Service Area: Policy: Fees.
A. The Director, with recommendation(s) from the Parks and Recreation
Commission, shall establish, adopt and amend guidelines, policies, rules and
regulations for the use of facilities within the boundaries of the City of
Brentwood Service Area.
B. The City Council may by resolution, with recommendation(s) from the Parks
and Recreation Commission, set fees for participation in recreation programs
sponsored or co-sponsored by the City and held at facilities within the
boundaries of the City of Brentwood Service Area.
7.05.040 Organized Leagues.
Organized league play in City of Brentwood parks and facilities is by permit
only. An organized league is defined as a group of more than 10 players or a
group that holds games on a regular schedule. An organized league is
self-supportive and self-administered and shall furnish all necessary
materials, finances, and workers to organize, conduct and administer its’
own program. Organized leagues must adhere to the safety and liability rules
and regulations for use of available fields set by the City of Brentwood.
All coaches, parents, and participants must adhere to the “Code of Conduct”
that has been adopted by the Parks and Recreation Commission. The City of
Brentwood reserves the right to identify specific parks and facilities for
organized league use for games and/or practices.
Chapter 7.06 Trails
7.06.010 Vehicle regulations.
When riding on a city trail, all vehicles shall be ridden, driven, or
operated on the right-hand side of the road paving, as close as physical
conditions permit, and shall be kept in single file when two (2) or more are
operating as a group. Operators shall at all times operate their vehicles
when upon a city trail with reasonable regard to the safety of others,
signal all turns, pass to the left of any vehicle or pedestrian they are
overtaking, and pass to the right of any vehicle they may be meeting.
7.06.020 Trail rules.
When on a city trail, trail users shall abide by the following rules:
A. Be safe, considerate, and aware of your impact on the park and other
B. The trails are to be used only during the period between dawn to dusk,
unless there is approval by the Director for use other than during this
C. Motorized vehicles are prohibited, except authorized city vehicles or
trails so designated and posted.
D. Bicycles are permitted only on paved roads and on paved and unpaved
E. Bicycles are prohibited on trails that are designated for hiking and
horseback riding use only.
F. Excessive speed or reckless trail use are prohibited.
G. Bicyclists shall reduce speed and call out, or ring their bell before
H. Bicyclists under 18 years of age are required to wear a helmet. Helmets
are recommended for adult Bicyclists and equestrian users.
I. Bicyclists shall be equipped with standard bicycle reflectors and light
for hours of darkness.
J. Trail users should call out and wait for instructions before passing an
K. Trail users shall keep to the right and go single file on curves.
L. Dogs must be leashed and under control at all times.
M. Owners of dogs shall dispose of their dog’s waste in appropriate waste
N. Open containers or consumption of alcoholic beverages are not permitted.
O. Hunting or shooting is prohibited.
P. All plants and wildlife shall be left alone and are protected by law.
Q. Advertisements shall not be posted.
Chapter 7.07 Applicability of Other Laws
7.07.010 Applicability of Other Laws.
Nothing in this Title 7 shall exempt any person from applicable provisions
of any other laws of this state or the City.
SECTION 2. Deletion of B.M.C. Chapter 9.48 and Chapter 12.16.
Brentwood Municipal Code Chapter 9.48, Use of City Park and Chapter 12.16,
Street Trees are hereby deleted in their entirety.
SECTION 3. Constitutionality or Severability.
If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held by a court of competent jurisdiction to be
unconstitutional or invalid for any reason, such decision shall not affect
the validity of the remaining portions of the ordinance. The City Council
hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause, phrase and word thereof, irrespective of the
fact that any one or more section(s), subsection(s), sentence(s), clause(s),
phrase(s) or word(s) be declared invalid.
SECTION 4. Savings Clause.
The changes provided for in this ordinance shall not affect any offense or
act committed or done or any penalty or forfeiture incurred or any right
established or accruing before the effective date of this ordinance; nor
shall it affect any prosecution, suit or proceeding pending or any judgment
rendered prior to the effective date of this ordinance.
FIRST READING WAIVED by the City Council of the City of Brentwood at a
regular meeting on the 9th day of November, 2004
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 14th day of December, 2004 by the following vote: