Policy #8-103
Resolution #29-25 Approved on 6/23/25

North of the River Recreation and Park District (NOR) provides facilities that are multi-use where the public, visitors, and customers (collectively referred to as ‘participants’) can simultaneously participate in recreation, socialization, and activities. The Code of Conduct is designed to ensure that facilities serve their primary purposes, providing a safe environment for reservations, recreational programs, and unstructured use; it does not supersede the ordinances set forth by the District in #8-102. This policy is applicable to all programs and activities offered through the District, as well as reservations and within open spaces such as lobbies and restrooms.

I. RESPONSIBILITY
All participants must adhere to municipal, state, and/or federal laws, as well as District ordinances.

a. Violations
A situation that results in violation of the Code of Conduct may result in immediate action. Repeat offenses will follow progressive action as outlined below. In extreme cases, or when safety is at risk, individuals may be removed from a facility immediately. All incidents will be subject to appropriate investigation and enforcement as determined by District staff.

b. Investigations
A situation that is reported to, but unobserved by, staff resulting in violation of the Code of Conduct, or an extreme violation that violates safety plans such as NOR’s Workplace Violence Safety Plan, will result in an investigation by management to determine final District action, which may include a verbal warning, temporary suspension from NOR facilities, temporary revocation from NOR facilities, permanent revocation from NOR facilities, or appropriate legal action.

c. Enforcement Actions
i. Verbal Warning (First Offense) – Visitors may correct their behavior or leave premises for 1 day. Staff will give participants a verbal warning, inform the participant of the type of violation, and warn the participant that further violation of District ordinances or the Code of Conduct may result in potential loss of privileges.

ii. Suspension (Second Offense) – Visitors’ access will be suspended for 10 days. Staff will record second violations in the District’s Incident Report process and will give the participant a written warning detailing the length of the suspension, the type of violation, and warning about consequences of further misconduct. Suspensions are conducted by Rangers and Managers only.

i. Revocation (Third Offense) – Visitors’ access will be revoked for 30 days. Staff will record third violations in the District’s Incident Report process and will give the participant a written warning detailing the length of the suspension, the type of violation, and warning about the consequences of further misconduct. Revocations are conducted by Rangers and Managers only. A fourth or further offense will be evaluated on a case-by-case basis and will result in either a temporary suspension or temporary revocation.

iv. Permanent Revocation – Visitors’ access will be revoked in perpetuity. Staff will issue a permanent revocation following repeated or egregious violations of the Code of Conduct and will give the participant a written warning detailing the nature of the permanent revocation. This level of enforcement is reserved for individuals whose behavior poses a persistent risk to the safety, well-being, or enjoyment of other visitors and staff. Permanent revocations are considered only after thorough documentation and review, may follow a third or subsequent serious offense, or a single severe violation such as those associated with violence, a threat of violence, or criminal activity. Permanent revocations are conducted by Rangers and Managers with the final approval by the Ranger Manager or Directors.

d. Illegal Actions
Offenses that violate the law require the involvement of law enforcement and can be accelerated to a 30-day or permanent revocation, determined by the severity of the violation.

e. Proportionality
Enforcement actions in relation to violations should be proportional to the nature and severity of the violation. Staff will consider intent, impact, history of behavior, and the context in which the violation occurred when determining action. NOR strives to maintain a fair and respectful environment while upholding accountability.

f. Exceptions
Participants enrolled in NOR programs are expected to follow the District’s Code of Conduct as well as any additional guidelines specific to their program. In cases where conduct concerns arise, the program’s established expectations and disciplinary procedures will take precedence, ensuring fairness, consistency, and respect for the structure and intent of each individual program.

II. EXPECTED BEHAVIOR
Individuals using NOR facilities are expected to behave in ways that show respect for themselves, other individuals, District employees, and District property. Expected behavior includes:
a. Being respectful and courteous to staff and other Participants, respecting their privacy, personal space, and safety.
b. Maintaining a positive attitude toward the environment and facilities.
c. Exhibiting and maintaining respect for all property, facilities and equipment, both public and private.
d. Reasonably adhering to all ordinances, rules, and regulations, including programspecific guidelines or handbooks.
e. Cooperating with or assisting District staff in maintaining safety, order, and discipline, and following directions given by staff or their charges.

III. UNEXPECTED CONDUCT
Conduct is considered unacceptable when it contributes to an environment that is unwelcome, uncomfortable, unhealthy, unclean, unsafe, or insecure for community and staff. Unacceptable conduct includes, but is not limited to, violations of behavior expectations as outlined in this Code of Conduct, breaches of District ordinances and laws, behavior that is disruptive, disrespectful, or dangerous, and actions that interfere with the intended use of a facility or program. It is understood that no policy can anticipate every situation. Therefore, decision-making staff are granted discretion to apply professional judgment when addressing conduct that may not be explicitly outlined in this document or any other NOR policy.

Examples of unacceptable conduct include:

IV. APPEAL PROCESS
Participants have the right to appeal to staff determinations related to violations within 10 days of receiving a verbal warning, suspension, revocation, or loss of facility privileges. To initiate the appeal process, the individual must submit a written request to the General Manager.

Upon receipt, District staff will coordinate a meeting between the individual and the General Manager to review the situation and relevant information. All enforcement actions will remain in effect during the appeal process, unless and until the suspension or revocation period expires or the appeal results in a reversal.

Following the meeting, the General Manager will provide the individual with a final determination regarding the outcome of the appeal.

Rules and Regulations Governing Use of North of the River Recreation and Park District Parks and Facilities
Policy #8-102
Resolution #46-18 Approved on 9/17/18

Ordinance #8-102 is an ordinance of the North of the River Recreation and Park District Board of Directors establishing rules and regulations governing use of North of the River Recreation and Park District parks and facilities. The North of the River Recreation and Park District Board of Directors ordains as follows:

SECTION 1. PURPOSE AND AUTHORITY
The purpose of this ordinance is to establish rules and regulations for the use of North of the River Recreation and Park District parks or facilities in order to ensure that all persons receive maximum benefit and enjoyment from such use. All sections of this Ordinance are adopted pursuant to Section 5780, et seq., of the Public Resources Code of the State of California and apply to all North of the River Recreation and Park District parks and facilities.

SECTION 2. APPLICABILITY
The rules and regulations stated herein apply to all persons, defined herein as natural persons, business, government, social and/or non-profit entities of all types, and/or any combination thereof, and the officers, employees, agents, contractors, and volunteers thereof. Notwithstanding the foregoing, these rules and regulations shall not apply to District directors, employees or volunteers or law enforcement, fire and/or rescue personnel acting within the scope of their official duties.

Parents will be held responsible for the acts of their minor children. Damage to any North of the River Recreation and Park District park or facility will be imputed to parents having custody or control of the minor as set forth in the Civil Code 1714.1.

SECTION 3. ABIDING BY REGULATIONS AND LAWS
Persons entering District property may remain as long as they abide by these rules and regulations, all federal, state and local laws and regulations, all posted rules, and lawful instructions of law enforcement officers and District employees. Failure to leave property of the District when requested to do so by a law enforcement officer or District employee shall be a violation of these rules and regulations.

SECTION 4. AUTHORIZED ENFORCEMENT
The District or its authorized representatives will diligently enforce the provisions of these rules and regulations and may withdraw or revoke the privilege of access to District parks and facilities for reasons of safety, security or resource protection, or from any person or group violating any provision of these regulations or any other law or ordinance.

In accordance with Public Resources Code 5786.17 and to protect any North of the River Recreation and Park District park or facility, the District Board of Directors and local law enforcement have the authority to issue citations for misdemeanor and infraction violations of state law, city or county ordinances or North of the River Recreation and Park District rules, regulations or ordinances when the violation is committed in or upon any North of the River Recreation and Park District park or facility.

SECTION 5. VIOLATION OF ORDINANCE
A violation of any rule, regulation, or ordinance adopted by the North of the River Recreation and Park District Board of Directors is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both, except in cases where a different punishment is prescribed by State law or city or county ordinance.

Any citation issued for a violation of a rule, regulation or ordinance adopted by the North of the River Recreation and Park District Board of Directors may be processed as an infraction punishable by a fine not exceeding two hundred fifty dollars ($250), except in cases where a different punishment is prescribed by state law or city or county ordinance.

SECTION 6. SEVERABILITY AND RELATED PROVISIONS
Headings and divisions are for convenience only and shall not be considered in the interpretation of this ordinance and shall not in any way affect the conduct or activities covered in other sections of this ordinance. 

If any provisions, clause or section of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision, clause or section, and to this end the provisions of this ordinance are hereby declared to be severable.

Nothing in this ordinance shall be deemed to modify, abrogate, change or affect any state law or city or county ordinance regulating any subject matter, which is contained in any of the rules and regulations established herein. This ordinance shall not be deemed to make punishable any act or acts which are prohibited by 
any law of the State of California.

SECTION 7. ORDINANCE IN EFFECT
This ordinance shall go into effect at the expiration of thirty (30) days from the date of adoption by the Board of Directors.

SECTION 8. PUBLICATION OF ORDINANCE
Within fifteen (15) days after the date of adoption of this ordinance, the Clerk of the Board of Directors of North of the River Recreation and Park District shall cause this ordinance to be published once, with the names of those Board Members voting for and against the ordinance, in a newspaper of general circulation published within the District.

SECTION 9. DEFINITION OF TERMS

• DISTRICT - North of the River Recreation and Park District, a separate and distinct political subdivision of the State of California, deriving its powers and obligations from Public Resources Code, Chapter 4, commencing with Section 5780.
• BOARD OF DIRECTORS - The governing body of the District.
• GENERAL MANAGER - Shall be construed to mean the General Manager or his or her authorized representative.
• NORTH OF THE RIVER RECREATION AND PARK DISTRICT PARKS AND FACILITIES - Any or all grounds, buildings, structures, equipment, machinery, or other appurtenances owned, managed, controlled, or operated by the District.
• PERMISSION - Shall be construed to mean in writing unless otherwise specified.
• PERSON - Person is defined herein as natural persons, business, government, social and/or non-profit entities of all types, and/or any combination thereof, and the officers, employees, agents, contractors, and volunteers thereof. 
• PLAYGROUND - Any park or recreational area specifically designed to be used by children and that has play equipment installed.
• TOT LOT AREA - A designated play area within a public park for the use by children under five years of age. 

SECTION 10. RULES AND CONDITIONS FOR USE OF ANY NORTH OF THE RIVER RECREATION AND PARK DISTRICT PARK OR FACILITY:
The following rules and provisions will be applicable to the use of any North of the River Recreation and Park District park or facility:

a. HOURS OF USE
It shall be unlawful for any person to enter, loiter, remain in or upon or refuse to leave any North of the River Recreation and Park District park or facility after said park or facility is closed for public use, between the hours of 10:00 p.m. and 6:00 a.m., except as may be otherwise posted or unless previous authorization is obtained from the District’s General Manager.

b. EMERGENCY USE OF PARKS AND FACILITIES AFTER HOURS
Notwithstanding the provisions of Section 10.a. above, when it is determined an emergency exists or that other special circumstances justify use of any North of the River Recreation and Park District park or facility beyond the designated closing hour, the District’s General Manager may authorize temporary use of such park or facility 
between the hours of 10:00 p.m. and 6:00 a.m. during the continuance of any such emergency or special circumstance.

c. LOITERING
It shall be unlawful for any person(s) to loiter in or around any North of the River Recreation and Park District parking lot. Parking lots are for parking vehicles and loading and unloading people and supplies while using District parks and facilities. Loitering is defined as lingering idly or aimlessly in any North of the River Recreation and Park District parking area without purpose or hanging in clusters or causing unusually loud or disturbing noises. Anyone identified as loitering may be directed by park staff, Park Rangers or law enforcement agencies to leave the premises. Upon being directed to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.

d. TRESPASSING
It shall be unlawful for any person to enter in or upon any North of the River Recreation and Park District property closed, fenced, or otherwise secured and which has been posted with signs stating that trespassing is forbidden by law, except that District directors, employees or volunteers or law enforcement, fire and/or rescue personnel acting within their official duties may enter and remain within the posted boundaries of such premises without having upon his or her person the express consent of the District. Further, it shall be unlawful and deemed trespassing when any person refuses to leave District parks and facilities whose privilege of access to District parks and facilities has been withdrawn or revoked by the District or its authorized representatives. 

e. OVERNIGHT PARKING
It shall be unlawful for any person to park, abandon, or otherwise allow to remain, automobiles and other conveyances in or upon any North of the River Recreation and Park District park or facility between the hours of 10 p.m. and 6:00 a.m., unless previous authorization is obtained from the District’s General Manager.

f. AUTOMOBILES AND OTHER CONVEYANCES
It shall be unlawful for any person to operate any motorized vehicle, motorcycle, offhighway motor vehicle, motor-driven cycle, motorized bicycle, or any other motorized means of transportation in or upon any North of the River Recreation and Park District turf area except:

• Any public emergency vehicle while operated by law enforcement, fire and/or rescue personnel in the performance of their duties.
• Any director, employee or agent of North of the River Recreation and Park District while engaged in District business.

g. SPEED LIMIT AT DISTRICT PARKS OR FACILITIES
It shall be unlawful for any person to operate any motorized vehicle, motorcycle, offhighway motor vehicle, motor-driven cycle, motorized bicycle, or any other motorized means of transportation in or upon any North of the River Recreation and Park District park or facility at a speed greater than 15 mph unless otherwise posted.

h. DAMAGE TO NORTH OF THE RIVER RECREATION AND PARK DISTRICT PARKS OR FACILITIES (OR CARE OF PUBLIC PROPERTY)
Unless previous authorization is obtained from the District’s General Manager, it shall be unlawful for any person to:

• Cut, sever, injure, burn, deface, remove, disturb or otherwise destroy any tree, shrub, bush, flower, plant, equipment, building, fence, bench, table, or other structure, apparatus or property in or upon any North of the River Recreation and Park District park or facility; or
• Pick, cut or remove any tree, shrub, bush, flower or plant; or mark or write upon any building, fence, bench, table or other structure in or upon any North of the River Recreation and Park District park or facility; or 
• Construct or erect any permanent or temporary building or structure of any kind in or upon any North of the River Recreation and Park District park or facility; or 
• Alter the grade or surface level of the ground by any cut, excavation or fill in or upon any North of the River Recreation and Park District park or facility; or 
• Any other act of vandalism not specified above.

i. FIRE
It shall be unlawful for any person to build, light or maintain an open outdoor fire in or upon any North of the River Recreation and Park District park or facility except in those devices provided and specifically designated for that purpose.

j. REFUSE, TRASH AND LITTER
It shall be unlawful for any person to dispose of any garbage, refuse, rubbish, waste or litter in or upon any North of the River Recreation and Park District park or facility except in receptacles provided for such purpose.

k. POSTING OF SIGNS
It shall be unlawful to erect or post any billboard, sign, placard or any advertisement of any kind in or upon any North of the River Recreation and Park District park or facility, except where prior authorization is obtained from the District’s General Manager for specific signs and locations.

l. GLASS CONTAINERS PROHIBITED AT PARKS
It shall be unlawful for any person to take into, exhibit, cause to be brought into, or otherwise cause any bottle or any other glass beverage container, other than as an exhibit in an authorized art show or as authorized by the District’s General Manager, in or upon any North of the River Recreation and Park District park or facility.

TOBACCO PRODUCTS
In the best interest of the health and safety of employees and the general public, it shall be unlawful for any person to engage in the use of tobacco products of any kind or description as follows:

• Within any North of the River Recreation and Park District building or confined space;
• Within 25 feet of any entrance, exit or operable window of any North of the River Recreation and Park District building;
• Within any North of the River Recreation and Park District vehicle;
• Within 25 feet of any North of the River Recreation and Park District playground or tot lot area;
• At any District building, sports field or other facility where an organized youth activity is being conducted, except in areas designated for that use.

n. ALCOHOL
It shall be unlawful for any person to sale, use, consume, carry or bring any alcoholic beverage in or upon any North of the River Recreation and Park District park or facility without prior approval from the District’s General Manager.

o. FIREARMS AND/OR WEAPONS
It shall be unlawful for any person to openly display a firearm or weapon in or upon any North of the River Recreation and Park District park or facility or discharge or propel across, in, or into any District park or facility a firearm, bow and arrow, spear, spear gun, harpoon, sling shot, BB gun, air or gas weapon, or any devise capable of injuring or killing any person or animal, or damaging or destroying any public or private property, unless previous authorization is obtained from the District’s General Manager.

p. FIREWORKS
It shall be unlawful for any person to use or possess fireworks of any kind in or upon any North of the River Recreation and Park District park or facility, unless previous authorization is obtained from the District’s General Manager.

q. SKATEBOARDING AND OTHER WHEELED RECREATIONAL DEVICE
It shall be unlawful for any person to operate, ride or propel any skateboard or other wheeled recreational device in or upon any North of the River Recreation and Park District park or facility, except in areas that may be specifically designated and posted for such use. 

North of the River Recreation and Park District recognizes North Beardsley Skatepark, located at North Beardsley Park, 901 Airport Drive, Bakersfield, as a designated skate area. Generally, the designated skate area is defined by the developed area within the wrought iron fencing and pilasters in the general area of the north easterly portion of the park, approximately 19,000 square feet, including the overhead structure and area 
within; the skatepark proper; and all artificial turf areas and general planter areas constructed and/or renovated as part of the skatepark construction.

Riding a skateboard or other wheeled recreational device, in general, is a high risk recreational activity with inherent risk of serious injury. 

For purposes of this section, “other wheeled recreational device” means nonmotorized bicycles, scooters, in-line skates, roller skates or wheelchairs as outlined in Section 115800 (d) of the Health and Safety Code.

Any person using the skatepark shall comply with the following rules of conduct and regulation of use:

• The hours of use shall coincide with regular park hours, 6:00 a.m. to 10:00 p.m. Use of the park at any other time is prohibited as stated in Section 10 (a) of this Ordinance.
• Any person riding a skateboard or other wheeled recreational device inside the designated skate area shall wear proper protective equipment, including, but not limited to a helmet, elbow pads and knee pads during skatepark activities. 
• No wheeled motorized vehicles of any kind are permitted within designated skate area at any time.
• Introduction of moveable, personally owned ramps, boxes or other materials and/or devices into the skate area is strictly prohibited.
• No food, drink or glass containers are allowed within the designated skate area.
• In accordance with Section 10, Parts M & N of this Ordinance, and specifically within the skate area, possession or use of alcohol and/or tobacco products is prohibited. 
• Pets are not allowed in the skate area. Use of amplified sound within the skate area is prohibited.
• Any act of vandalism, including the placement of graffiti, anywhere in or on the park is prohibited. The skatepark will be closed until any graffiti is removed and/or any other act of vandalism is removed, remedied or repaired. In addition to other penalties provided herein, any person committing an act of vandalism in the skatepark including putting graffiti on any portion of the skatepark shall pay for the cost of removal and/or damages relating thereto.
• Formal contests of any kind are prohibited unless prior written authorization is obtained from the District’s General Manager.
• Any Rules and Conditions outlined in Section 10, Ordinance #8-102 not specifically listed herein but applicable to North of the River Recreation and Park District parks and facilities shall be applicable as adopted and enforced by the District and its authorized representatives. 

Everyone shall treat each other with respect and courtesy. No person shall engage in any disorderly conduct or behavior tending to be a breach of the public peace and enjoyment of the park or facility. Fighting, aggressive behavior and/or other forms of violence shall not be tolerated. 

Violation of Ordinance
Any willful violation of the provisions of this ordinance shall, upon conviction thereof, be punished as provided in Section 5, Violation of Ordinance, of this Ordinance.

q. GOLFING
It shall be unlawful for any person to drive, putt, or in any other fashion play or practice golf or use golf balls or golf clubs in or upon any North of the River Recreation and Park District park or facility, except in areas set aside for those specific activities.

r. RIDING ON DESIGNATED TRAILS
It shall be unlawful for any person to lead or ride or have in his or her possession a horse, pony, mule or other such animal in or upon any North of the River Recreation and Park District park or facility, except upon riding trails designated by the District.

s. INTERFERENCE
It shall be unlawful for any person to use or attempt to use or interfere with the reserved use of any North of the River Recreation and Park District park or facility for which reserved use has been authorized by the District through a facility reservation or contract or to disturb in any manner any picnic, meeting, service, concert, exercise, activity, exhibition or gathering.

t. REGULATION OF NOISE
It shall be unlawful for any person to use or operate any radio, musical instrument, tape player, tape recorder, record player, television, compact disc player or other similar sound equipment in or upon any North of the River Recreation and Park District park or facility, including any parking area or lot within any park or facility, at such volume as permits the noise there from to be audible to any person of normal hearing sensitivity fifty feet from use or operation of any such device or machine.

u. ABUSIVE LANGUAGE AND DISORDERLY BEHAVIOR
It shall be unlawful for any person to engage in threatening, abusive, insulting, indecent, or profane language in or upon any North of the River Recreation and Park District park or facility, or engage in any disorderly conduct or behavior tending to be a breach of the public peace and enjoyment of the park or facility.

v. CONTROL OF DOGS
It shall be unlawful for any person to allow dogs to run loose or with a chain or leash longer than six feet in or upon any North of the River Recreation and Park District park or facility, except in areas that may be specifically designated and posted for such use. It shall be unlawful for any person in control or having custody of any dog or other animal to fail to remove the fecal matter of such animal from any North of the River Recreation and Park District park, including parking area, sidewalk, playing field, or grounds.

w. SALE OF GOODS, WARES OR MERCHANDISE
Unless authorized by a special license or permit issued by North of the River Recreation and Park District, it shall be unlawful for any person, firm or corporation to sell or offer for sale any goods, wares or merchandise in or upon any North of the River Recreation and Park District park or facility.