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HomeMy WebLinkAboutOrd 762-1978ORDINANCE NO. 762-78 AN ORDINANCE AMENDING SECTIONS 9 AND 15 OF ORDINANCE 675-78, ENTITLED "AN' ORDI- NANCE REGULATING CONDUCT IN PARKS; PRO- VIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR. VIOLATIONS." THE CITY ~CbUNCIL OF THE.CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1, AMENDMENTS OF SECTIONS 9 AND 15 OF ORDINANCE 675-7q. Sections 9 and 15 of Ordinance 675-7q, adopted September 1'6, 197q, entitled "An Ordinance Regulating Conduct in Parks~ P~ovid- for Enforcement; and Prescribing Penalties for Violations," are hereby amended To read: SECTION 9. 9.1 REGULATION OF MERCHANDISING, ADVERTISING AND SIGNS. Activity Concession Permit Required. No person in 'a p~rk shall (1) sell or offer for sale any food, beverages, novelties, souvenirs Or other things, or (2) station or place any stand, cart or vehicle for the Transportation, sale or display of any food, beverages, novelties, sou- venirs or things in a park without an Activity Conces- sion Permit issued therefor by the Director. 9.2 Issuance of Permits. An Activity Concession Permit may be issued by the Director to a non-profit organization proposing To or c°nductinE a non-profit program in a park when the sale of food, beverages, novelties, sou- venirs or other thing is reasonably related to the p~o- gram, serves the convenience of the participants and those in attendance and does not create a public nuisance. 9.3 The Activity Concession Permit shalI be issued to the sponsoring organization and its Principal representa- tive. The sponsoring organization shall file.an applica- tion with the Director~signed by its principal represen- tative, on a form prepared and issued by the Director. The Director may grant or deny the permit within ten (10)"days after it is so filed. The applicant may appeal a denial by filing a written notice of appeal with the Parks and Recreation Commission within five (5) days of receipt of the notice of denial from the Director. The Commission may affirm, modify or disapprove the Direc- tor's denial of the permit. Reasonable Regulations. The Director shall establish reasonable regulations for the issuance of an Activity Concession Permit and 0peratiDns pursuant thereto based on the following standards and the peace, comfort and general welfare of the City of South San Francisco: (a) Non-Profit Activity. The Director shall determine that the organization, its program schedule in the park and the related activity of operating pttrsuant to the Activity Concession Permit is for non-profit purposes. (b) Term. The Director shall establish a term for the Activity Concession Permit which is reasonably related to the time during which the sponsoring · I[I (c) Cd) (e) (f) (g) .(h) organization's program is to be conducted~ which · erm shall not exceed six (6) months, Public Use and Nuisance. The Director shall estab- lish standards for operations pursuant to the Activity Concession Permit' which will not unreason- ably deprive the public of the' use of the area. or cause a public nuisance to be created. Hours of Operation. The Director may specify reasonable hours of operations for the welfare of members of the public using the park and peace~ comfort and general welfare of residents near the park areas. Site. The Director may designate the location of the concession activity and specify the square footage to he used for said purpose and any equip- ment facilities used for said purpose. Health Laws. The Director shall require that the concessionaires comply with State, County and City health regulations. No Alcoholic Beverages. The Director shall not permit sale or distribution of alcoholic beverages.. hy the concgssionaire permittee. Indemnity and Insurance. The Permit shall contain a provision indemnifying the City~ its elective and appointive officers and employe~s harmless and shall require the filing and maintenance of a public (i) (k) (1) liability and property damage insurance policy' in limits not less than property damage personal injury death 'Fee. $25,000 $100,000 per person personal injury or death $300,000 per occurrence The Director shall establish a reasonable schedule of fees and submit same to the City Council for confirmation. Other Permits. The Permittee shall be requi~ed to obtain and furnish any other licenses or permits required by City or other jurisdictions. Not a Vested Right. The permit shall be revocable and also subject to modification or suspension, -which actions ape subject to appeal in the same manner as set forth in Section 9.2, and no vested right shall accrue therein nor shall Permittee by reason of having a permit issued be entitled to a succession of permits by reason thereof. Clean-up Deposit. The Director shall establish a reasonable Clean-up deposit to secure removal from the park of any equipment, supplies or like material used in conducting the concession activity, or any trash or debris thrown, deposited or left in the park by Permittees, participants or those in attendance at the Permittee's program. 9.~ Signs. No person in a park shall paste, glue, tag or otherwise post any sign placard, advertise- ment or inscription or erect any sign in any pa~k except the Director may permit a Peasonabledlre¢- tion sign related to the Activity Concession Per- mit site. SECTION 15. PENALTIES. ' Any person violating a provision of this Ordinance failing to comply with-a mandatory requirement of this Ordinance shall be guilty of an infraction and upon convic- tion such person shall be punishable by a fine of not less' than Fifty Dollars ($$0.00) and not exceeding Five Hundred Dollars ($500.00). SECTION 2. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise- Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty ~30) daYs from and after its adoption. Introduced this 19th day of Aprll ,'19 78.. Passed and adopted as an Ordinance of the City of South San Francisco at a reg~ar meeting of the City Council of the City of South San Francisco this 3rd day of 19 78 , by the following vote: AYES: Councilmen Ronald G. Acosta, William A. Borba and Terrg J. Mirri, Councilwoman Roberta Cerri Teglia i/ IL ["~11 NOES: AB SENT: Bone Councilman Emanuele N. Damonte ATTEST: /s/ Arthur ~. Rodondi City Clerk As Mayor of the CiTy of SouTh San Francisco I do hereby approve the f~reEoinE Ordinance This 3rd day of Ma~ , 1978 . /S/ William A. Borba Mayor ','/ LIL NOES: ABSENT: None Councilman Emanuele N, Damonte ATTEST: As Mayor of the City of South San Francisco I do hereby approve the foregoing Ordinance this 3rd day of May , 19 78 . II!~ It I I1~1 I I I ] III F I II