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  1. #1
    Join Date
    Sep 2016
    Posts
    2

    Default Can a Community Park Restrict Use of Faciltiies by the Public

    Hello,

    I live in California. Can a city in California restrict public use of a public park when the park is not reserved by anyone?

    I play soccer with a group of friends (unorganized, no uniforms/referees) who also live in Irvine and are continuously kicked off the field at a community park by park employees stating the field available for reservations only. the community park is not gated. There are other fields at the same complex that people walk on and play softball/baseball that are not kicked off the fields.

    I called the city athletics department and spoke to an office employee who told me none of the fields at the park in question are allowed for walk on use. When I asked why the others are not kicked off the office employee told me they could not kick them off the field because it is a public park, she then went on to tell me we were not allowed to play at the field. She told me if someone is playing on the field and a group that has a reservation the field must be vacated for the group with the reservation, I told her I completely understood that but that there are no reservations when we are kicked off the field. I asked her if they could not kick people off the field because it is a public space how could they tell us we are not allowed to play there. she continued to contradict herself so I told her she was going in circles and she told me she would have her supervisor call me back, I haven't heard from them yet.

    The city has a PDF posted with policies/procedures and with in it is:

    COMMUNITY SERVICES
    POLICY/PROCEDURE
    PUBLIC FACILITIES RESERVATION SECTION: I
    AND FEE POLICIES PAGE: 1 of 30
    EFFECTIVE: 1/1/16
    REVISED:
    APPROVED: 8/23/11

    Section IV, C, 5. Athletic Park Operating Hours: City sports parks are available for reservation during the times listed below. Fields
    not reserved and available may be used by the public for walk-on private party activities during daylight hours
    .
    Walk-on use is not permitted after dusk. Sports field lighting will only be turned on for reserved and scheduled
    use. Sports fields are available for the sole use of the applicant and may not be shared with others without
    approval by the City. Organized use of City sports parks (including games with referees, activities offered by forprofit
    and nonprofit organizations) is prohibited without an approved City application. While reservations may be
    approved for field use at 7 a.m., no game may begin prior to 8 a.m. Reservations before or after the hours listed
    below will be invoiced according to the extended hours rate or the field reservation rate, whichever is higher


    Thank you for your help.

    Sincerely,
    Billy

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Public Use Rights in Community Parks in California

    Maybe you should call the supervisor yourself.

    How are park employees just happening to be on site when you and your friends try to play? Do they have staff on site all day and night? That seems odd that the park has staff there all the time. But, if it is a large enough facility I suppose ...

    Have you thought of reserving the field for you and your friends? It could be that the field is reserved for someone later in the day, or, they have it held for the times you are using it. It might also be that the field you are using is not entirely a public facility. I know that in my city two of the four ball fields at one park are paid for by the local Little League, and those two parks are not subject to public use without a reservation.

    It may be that they are supposed to restrict use at ALL the fields, but, unofficial policy (i.e. common practice) is to leave the ball fields open to public use and not the soccer fields.

    If you do manage to get the supervisor to agree you should not be kicked off, then you may want to ask for this in writing so that the next time you run into staff you have something to show them. If you never get permission, then you are faced with a tough choice: Refuse, and risk a police contact and maybe arrest if you continue to refuse, or, continue to comply with the request.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Public Use Rights in Community Parks in California

    I suggest that you read the Irvine municipal code about parks. You may find some interesting ordinances in there that would be useful to you.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Public Use Rights in Community Parks in California

    Quote Quoting budwad
    View Post
    I suggest that you read the Irvine municipal code about parks. You may find some interesting ordinances in there that would be useful to you.
    I'm at a loss as to how this changes anything other than it says they can make and post rules about park use. It appears the poster has found the appropriate rule.

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Public Use Rights in Community Parks in California

    The rules or policies are not the ordinances. For one thing, every park has to be posted with signs that say what the rules are. Are the fields posted? Another section says that there can be no discrimination in approving or denying applications for permits that would benefit one group over another. Another says there is an appeal process if denied etc... So there is a benefit in knowing what the ordinances says when dealing with the City. Information and knowledge are power.

  6. #6
    Join Date
    Sep 2016
    Posts
    2

    Default Re: Public Use Rights in Community Parks in California

    The athletics department told me we were not allowed to rent any field at this park, but we should not have to according to the PDF I referenced above and linked to below

    The field does not have reservations when we play or after we play. The link below directs to the PDF I refferenced above stating walk-on is fine when there are no reservations

    Here is a link to the PDF I referenced above https://alfresco.cityofirvine.org/al...20Policies.pdf

    If I speak with the supervisor and get the same run around where they tell me they 'cannot ask people to leave because its a public space' then tell me 'you are not allowed to play there', what are the proper channels to escalated the matter?

    Thank you

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Public Use Rights in Community Parks in California

    After the suervisor, you can go above their head. Ultimately, you can talk with the director of the department, I suppose.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Public Use Rights in Community Parks in California

    Actually, at this point I'd go straight to the head of the Community Services department as you're just getting bounced by the peons.

    Contact information
    Laurie Hoffman
    949-724-6692
    cs@cityofirvine.org

    If that doesn't work, I'd try one of the city council member's office. Irvine elects the entire council at large so you don't have a specific one.

  9. #9
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Public Use Rights in Community Parks in California

    And if that doesn't work, go to a Council meeting and raise the issue during a public session. And tell the local press about your intentions.

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