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