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HomeMy WebLinkAboutOrd 675-1974 ORDINANCE NO. 675-74 AN ORDINANCE REGULATIMG CONDUCT IN PARKS; PROVIDING FOR ENFORCEMENT;AND PRESCRIBING PENALTIES FOR VIOLATIONS. THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. TITLES OF SUBSECTIONS. The following subsection titles are listed for reference convenience and shall not be interpreted to limit the conduct or meaning of any subsection. 1.1 Definitions 1.2 Injury to or misuse of park property 1.3 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 prohibited Polluting waters and dumping refuse prohibited Operation of motor vehicles and bicycles'- prohibited acts Recreational swimming' Picnic areas - Use Conduct -.prohibited acts Merchandising, advertising and signs - prohibited acts Loitering proh£bited during certain hours Closing sections of park Lost and found articles Permit for exclusive use - application - standards - liability - revocation. 1.13 Enforcement. SECTION 2. DEFINITIONS. The following words used in this Ordi- nance shall be construed as defined in this section unless from the context a different meaning is specifically defined and more particularly directed to the use of such words. When not inconsistent with the context, words used in the present tense include the future, and words in the plural number include the singular number, and words in the singu- lar number include the plural number. 2.1 "City" means the City of South San 2.2 2.3 2.4 2.5 Francisco. "Director" means the Director of Parks and Recreation. "Park" means a park, reservation, play- ground, swimming pool, recreation center, harbor, or any other area in the City, owned or used by the City and devoted to active or passive recreation. "Person" means any person, firm, partner- ship, association, corporation, company or organization of any kind. "Vehicle" means any wheeled conveyance, whether motor-powered, animal drawn, or self-propelled· The term shall include SECTION 3. any trailer in -tow of any size, kind or descriptipn, except baby carriages and vehicles in the service of city parks. INJURY TO OR MISUSE OF PARK PROPERTY PROHIBITED. No person in a park shall 3.1 Willfully mark, deface,disfigure,injure, -tamper with, or displace or remove, any building, bridges, tables, benches, fire~ places, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal~ 3.2 Litter, soil or defile restrooms. No person over the age of eight years shall use rest~ooms and washrooms designated for the oppo~..~ite sex; 3.3 Dig, or remove any beach sand, whether 3.4 3.5 3.6 3.7 submerged o~ not, or 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; Construct' or erect any building or struc- ture 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 hereunder. Go upon any lawn or grass plot, where prohibited by the superintendant of parks, and where such prohibition is indicated by proper and legible signs. Erect or maintain any overhead wires through any park, without prior written permission; 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. A person shall not 3.8 3.9 3.10 SECTION dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area; Climb any tree or walk, stand or sit upon monuments, vases, fountains, rail- ing, fences or gun carriages, or upon any other property not designated or custo- marily used for such purposes;' Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall he 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; Give or offer or attempt to give to any animal, or bird, any tobacco, alcohol or other known noxious substances. POLLUTING WATERS AND DUMPING REFUSE PROHIBITED No peri, on in a park shall: 4.1 f4.2 SECTION 5. 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 said waters. Bring into, dump, deposit, leave or place any bottles, broken glass, ashes, paper, boxes, cans, refuse or trash, in any waters in or contiguous to any park, or leave same anywhere on the grounds of a park, except when placed in the recep- tacles provided therefor, and if no receptacle is so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence'and properly disposed of at the South San Francisco Scavenger disposal facility or other approved dump. OPERATION OF MOTOR VEHICLES AND BICYCLES - PROHIBITED ACTS. No person in a park shall: 5.1 5.2 5.3 5.4 Fail to comply with any applicable provisions of the Vehicle Code of the State of California in regard to equip- ment and operation of vehicles together with such regulations as are contained in this chapter and ordinances of the City of South San Francisco regulating traffic; Fail to obey 'all traffic officers and park employees who are hereafter author- ized and instructed to direct traffic whenever and wherever needed in the parks in accordance with the provisions of these regulations and such supplemen- tary regulations as may be'iss.ued subse- quently by the Director; Drive any Vehicle on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary ~parking areas by the Director; Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted 5.5 5.6 5.7 directions thereat and with the instruc- tions of any attendant who may be present; Ride a bicycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be per- mitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedes- trian use; 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 machines 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 ma.y be meeting. Ride any other person on a bicycle,unless bicycle is equipped for more than one person; 5.8 5.9 Leave a bicycle in a place other than a bicycle rack. when such is provided and there ~s a space available; 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 them. SECTION 6. RECREATIONAL SWIMMING 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 provided for these purposes. SECTION 7. 7.1 7.2 7'3 PICNIC AREAS - USE No person in a park shall: Picnic or lunch in places other than those designated for such purpose. Fail to comply with regulations or instruc- tions of the Director or park attendant regarding'use ofr or conduct of activities in picnic areas. Use any portion of the picnic areas, designated group areas, group picnic areas or similar designations, or any of the buildings or structures therein, for the II ! 7.4 SECTION 8. purposes of holding picnics to the exclu- sion of other persons, unless a permit is obtained from the Director, except that picnic areas designated individual picnic areas or similar designations, and the fireplaces, tables and benches located therein, may be used on the basis of "first come, first served. Leave a picnic area before a fire started or used by the person is completely extinguished and before all of the person's trash in the nature of boxes', papers, cans, bottles, garbage and other refuse is placed in the disposal recep- tacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of at the South San Francisco Scavengers' facility or other approved dump. COND[JCT - PROHIBITED ACTS No person in a park shall: 10. 8.1 8.2 8.3 8.4 Cause to be taken into Or brought into a park alcoholic beverages, except 8.1.1 A licensed concessionaire o~ contractor, licensed by the City and State of California; 8.1.2 Persons legally entitled to possess beer and wine may bring same into the park for use and consumption as part of a picnic activity in the areas designated picnic, areas, pro- vided said use and consumption are conducted in an orderly manner. Enter a park while under the influence of intoxicating liquor. Bring into a park or have in his posses- sion, or set off or otherwise cause to explode or discharge or burn, any fire- crackers, torpedo, rocket, or other fireworks pr explosives of inflammable material,-or discharge them or throw them ~nto any such area from land or highway adjacent thereto. No person having the control or care of any dog shall suffer or permit such dog to enter into or remain in a park unless it 11. 8.5 8.6 8.7 8.8 8.9 be led by leash of suitable strength not more than six feet in length; and the owner and the attendant shall be respon- ~sible for any damage caused, in any event, by such dog, even if on leash. Lead, ride, drive, or let loose any cattle, horse, mule, goat, sheep, swine, dog or fowl of any kind; provided that this shall not apply to dogs when led by a cord or chain, not more than six feet long. Sell, or offer for sale, any merchandise, article or thing, whatsoever, without prior written permission; Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior special permission be obtained therefor; Enter an area posted as "Closed to the Public," nor shall any person use, or abet the use of any area in violation of posted notices; 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 12. I ~ll II III ·II I~ I 8.10 8.11 or exhibit any gambling table or other instrument of gambling or gaming, .or play any game prohibi'ted by any statute of the State of California or ordinance of the City. Sleep or. protractedly lounge on the seats, or benches, or other areas, or engage in loud, bois'terous, threatening, abusive, insu] ~ing or indecent language, or engage in any disorderly conduct or behavior tending t:o a breach of the public peace; Use, operate, or cause to be operated, any system for amplifying sound, whether for speech, music, or otherwise. As used herein and in "Permit for exclusive use - Application- Standards - Liability - Revocation" section, "system for amplify- ing sound" means any device which projects or transmits sound by means of electronics. Provided, however, -that systems for ampli- lying sound, when their total output is 'lim.i ted lo twenty-five wntrs or less (whe'the~ single or multiple channeled amplifica~tion is involved,) may be used 13. SECTION 9. 9.]. 9.2 9.3 or operaLed in, a park in conjunction with and if authorized by an exclusive use permit issued by the Director, and subject to such reasonable conditions as the Director may impose. MERCHANDISING, ADVERTISING AND SIGNS - PROHIBITED ACTS No person in a park shalI: Exp0se~ o~~ offer for. sale any article or thing; n~r shall he station or place any stand, cart, or vehicle for the trans- portation, sale or display of any snch article or thing, except a regularly licensed concessionaire acting by and under the authority and regulation of the Director. Announce, advertise or call the public attention iU any way to any article or service ~o~ sale or hire; Paste, g'lue, tack o~' othe~wise post any sign, p]~ca~d, a(lw~rkisemenl~, or inscp'[p- lio~ wl~ I r~vr~~, nor, ~t~,~'l I .~y [~e~':;()n er'oct or cause to be e~ec-ted any sign whatever in any park. 14. SECTION 10. LOITERING PROHIBITED DURING CERTAIN HOURS No person shall remain, stay or loiter in any public park, with the exception of the harbor and common greens, between the hours of nine o'clock p.m. and six o"clock a.m. of the following day without approval from the Director. SECTION 11. CLOSING SECTIONS OF PARK Any section or part of the park may be declared closed to the public by the Director 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 shall find reason- ably necessary. SECTION 12. LOST AND FOUND ARTICLES The finding of lost articles by park attendants shall be reported to the Director who shall make every reasonable effort to find articles reported as lost. SECTION 13. PERMIT FOR EXCLUSIVE USE - APPLICATION - STANDARDS - LIABILITY - REVOCATION. 13.1 A permit shall be obtained from the Director for exclusive use of any park facility or area. 13.2 Application. A person seeking issuance of a permit hereunder shall file an application with the Director. The application shall state: 13.2.1 The name and address of the applicant; 13.2.2 The name and address of the person, persons, corporation or association sponsoring the activity., if any; 13.~2.3 The day and hours for which the permit is desired; 13.2.4 The park or portion thereof for which such permission is desired; 13.2.5 An estimate of anticipated atten- dance; 13.2.6 Any other information which the DirecTor shall find reasonably necessary to a fair determination as.to whether a permit should issue hereunder; 13.2.7 Whether or not a "system for amplifying sound" is proposed to be used and the purpose or pUrposes for which it shall be used. 16. 13.3 Standards for Issuance. The Director shall issue a permit hereunder when he finds: 13.3.1 That the proposed activity and use will not unreasonably interfere with or detract from the general public enjoyment of the park; 13.3.2 That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; 13.3.3 That the proposed activity or use is not anticipated to incite violence, crime or disorderly conduct; 13.3.4 That the proposed activity will not entail unusual, ext.raordinary or burdensome expense or police operation by the City; 13.3.5 That the facilities desired have not been reserved for other use at the day and hour~ required in the application; 17. 13.3.6 That if a "system for amplifying sound" is to be used, the use thereof will not unreasonably interfere with or detract from the general public enjoyment of the park. 13.4 Effect of Permit. A permittee shall be ~ound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits. 13.5 Liability of Perm±ttee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by amy person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. 13.6 RevocatioN. The Director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown. SECTION ll.~. The Director and all park attendants shall enforce the provisions of this chapter. 18. SECTION 15. PENALTIES. Any person violating any of the provi- sions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred ($500.00) Dollars, or by imprison- ment of not more than six (6) months, or by both such fine and imprisonment. SECTION 16. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of those remaining portions of this ordi- nance which can be given effect without the part or parts so held to be invalid or unconstitutional. In this connection, the City Council of the City of South San Francisco hereby declares that it would have passed this ordinance and each section, subsection, sentence,.clause, and phrase hereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or Phrases be declared invalid or unconstitutional SECTION 17. PUBLICATION AND EFFECTIVE DATE This ordinance shall be published once in the "Enterprise Journal," a newspaper of general circulation 19. in the City o[ South SaJ~ Fr,~ttcisco, as required by law', and shall become effective thirty. (30) days from and after its adoption. Introduced this 3rd day of September ,1974. Passed and adopted as an Ordinance of the City of South San Francisco at a re~u]ar meeting of the City Council of the City of South San Francisco this 16th day of September , 1974, bz the following vote: AYES, COUNCILMEN Richard A. Battagiia, F. Frank M~mm~n~, Terrv J. Mirri~ Leo Padredd~i ~n~ Wa~en Steinkamp NOES, " None ABSENT, " None ATTEST: As Mayor of 'the City of South San Francisco, I do hereby approve the foregoing Ordinance this 16th day of September 1974. Illl II ! , ~11