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HomeMy WebLinkAbout0569ORr `ANCE NO. 569 (1972 Sei s) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REGULATING THE CONDUCT AND USE OF CITY PARKS AND REPEALING CERTAIN EXISTING ORDINANCES RELATED T11ERETO. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Sections 4226, 4226.1, 4226.2 of the San Luis Obispo Municipal Code and all subsections thereunder are hereby repealed. SECTION 2. The Municipal Code of the City of San Luis Obispo is amended by adding thereto Sections 4226 through 4226.10 as follows: "Section 4226. Title. This Ordinance shall be known as the "Park Ordinance of the City of San Luis Obispo." Section 4226.1. DefuAtions. The following words shall have the meaning. indicated when used in this Ordinance: (a) "Park" means any park, reservation, playground, beach, recreation center or any other area or structure maintained and operated by the City Parks and Recreation Department. (b) "Director" means the Director of Parks and Recreation, his assistant, or other person authorized by him, pursuant to law, to act in his stead. (c) "Amplified Sound" means music, sound wave, vibration or speech projected or transmitted by electronic equipment, including amplifiers. (d) "Permit" or "Reservation" means written authorization for exclusive use of parks or buildings or portions thereof, as provided for and defined in this Ordinance. (e) "Vehicle" means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power. Section 4226.2. Duty to Comply. No person shall enter, be, or remain in any park unless he complies at all times with all of the regulations set forth in this Ordinance applicable to such park and with all other applicable laws, ordinances, rules, and regulations. Section 4226.3. Rules and Regulations Applicable in City Parks. The following rules and regulations apply in all parks in the City, unless expressly stated otherwise elsewhere in this Ordinance. (a) Operation of Vehicles and Bicycles (1) Roads for Public Use. The provisions of the California Vehicle Code are applicable in the City parks upon any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of said Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof. (b) (c) (CD (2) S, '=aces Other Than Roads for Public °. No person shall drive or otherwise operate a vehicle in a City park, and no person shall ride a bicycle (as defined in the California Vehicle Code) in a City park, upon surfaces other than those maintained and open to the use of the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the Director, and farther excepting vehicles in the service of the City. Solicitation Prohibited. No person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any City park or building, or sell or offer for sale any merchandise article or anything whatsoever. This section shall not apply to any person acting pursuant to a contract with the City of San Luis Obispo or under an authorization granted by the Director of Parks and Recreation. Prohibition of Animals in Park. No person shall cause, permit, or allow any animal owned or possessed by him or any animal in his care, custody or control to be present in said park except: (1) Equine animals being led or ridden under reasonable control upon bridle paths or trails provided for such purposes; (2) Equine or other animals which are hitched or fastened at a place expressly designated for such purpose; (3) Dogs or cats when led by a cord or chain not more than six (6) feet long, or when confined within the interior of a vehicle; (4) Dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements; (5) Small pets which are kept on the person of the possessor at all times; (6) In con nection with activities authorized in writing by the Director; (7) Animals in the park for grazing purposes pursuant to an agreement approved by the Council. Duty to Care for Animals. It shall be the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, a cat, or an equine animal in a City park to promptly collect, pick -up and remove all fecal matter left by said animal in or upon said park; provided, however, that this subsection shall not apply to animals properly in said park under the provisions of Sections 4226.3 (c) (1) , (2) or (7) , or to guide dogs for blind or disabled person Page 2 (e) Amplifier pound in City Parks. (1) Purpose. The Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from the public nuisance of loud and unnecessary sound. (2) Permit Required for Amplifiers. It shall be unlawful for any person to install; use and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instructions, directions, talks, addresses, and lectures, or of transmitting music to any persons or assemblages of persons in said park, or in the vicinity thereof, except when installed, used or operated in compliance with one of the following provisions: a. By authorized law enforcement, fire department or park and recreation personnel; b. Under a reservation. or a permit issued by the Director, and when operated in accordance with the terms of said reservation or permit. (3) Power Source for Amplifiers. Amplifiers permitted in parks shall be operated only through a power source provided by the Park Department. (4) Regulation of Amplifier Volume. If, at any time, the Police Department determines that the sound produced by an amplifier in the park is un- reasonably interfering with other persons using said park or with nearby residents in the comfortable and reasonable enjoyment of their premises, an officer shall request the person in charge of the assembly, or any other person appearing to be involved in the production of the said sound, to immediately reduce the level thereof. If said sound is not reduced within five minutes to a level satisfactory to said officer, he shall immediately disconnect all amplifiers from the power source provided by the Park Department. If said sound is reduced to a level satisfactory to said officer, and he thereafter finds that the sound level appears to have again been increased, he shall then disconnect all amplifiers from the power source provided by the Park Department. Page 3 Section 4226.4. Reservation of Park Areas and Structures. (a) Reservation for Park and Recreation Department Activities. The Director shall be responsible for scheduling and controlling the use of parks, or portions thereof, for the maximum benefit and participation by interested persons and groups, both public and private. Activities sponsored by the Park and Recreation Department shall be given preference in the use of City parks. (b) Reservations Without Formal Permits. Persons who desire to use park areas or structures for gatherings or assemblies of less than fifty persons may request the Director to reserve designated park areas for such use. If the Director is satisfied from the information presented to him that the desired area may be. reserved for the intended use without unreasonably interfering with the use of the park by other persons, and without disturbing the peace of the surrounding neighborhood, he may grant said reservation upon such conditions as he deems necessary. The Director will issue reservation forms as necessary to verify the granting of such reservations. If, for any reason, the Director is not satisfied as to the reasonableness of the proposed activity in relation to the use of the park by other persons, or as to the effect of such use upon the peace of the neighborhood, or if he finds that he is unable to agree with the applicant as to the conditions to be imposed, he shall ask the applicant to fill out a Request for Formal Permit in accordance with the procedures of Section 4226.4 (c) . (c) Reservations by Formal Permits. The following procedures shall be followed by persons desiring to reserve park areas for gatherings or assemblies of fifty or more persons and by persons requested by the Director to complete a Request for Formal Permit under the provisions of S e c t i on . 4226.4 (b) above, (1) Applications for formal permits must be submitted in writing upon forms available at the office of the City Park and Recreation Department, not less than five working days nor more than ninety calendar days in advance of the intended use. (2) The Director may impose such reasonable conditions upon the issuance of the formal permit as he deems necessary for the protection of the public health, safety, and welfare, including, without limitation, conditions related to; time, place, frequency, duration, consumption of alcoholic beveb-ages, maximum attendance, parking restrictions, and place—ment of permitted apparatus and equipment. Page 4 (3) '1,.. Director may also require the apprica.nt to provide additional water and sanitary facilities and refuse receptacles as he reasonably believes to be necessary for the protection of the public health, safety and welfare in connection with the intended use. (4) The Director may require the applicant to provide a designated number of approved security personnel for the purposes set forth by the Chief of Police upon such application. (5) The applicant shall agree to reimburse the City for any unusual clean -up and facility repair expenses incurred as a result of the activity authorize( by the permit, Section 4226.5. Consent Required for Transfer. No permit or reservation for the use of a park, or any portion thereof, shall be transferable without the written consent of the Director. Section 4226.6. Appeal. Any person aggrieved by any act or determination of the Park Director or the Chief of Police in the exercise of the authority herein granted shall have the right to appeal to the City Council. The appeal shall be in writing, stating the decision appealed from and the reasons for the appeal. 'The appeal shall be filed with the City Clerk within five (5) working days after the occurrence of the act. or determination forming the basis for the appeal. The appeal shall be heard by the Council at the first regular Council meeting occurring more than five (5) days after the filing of the appeal. Appellant may, at his expense, request that the hearing be transcribed, in which event appellant shall pay a $50.00 minimum deposit for the services of -the reporter at the time of filing the appeal. Any unused portion of the deposit shall be refunded to the appellant. The decision of the City Council upon the appeal. shall be final. Section 4226,7, Fees and Deposits. Fees or deposits required in connection with the issuance of a reservation or permit shall be paid at the time of such issuance. Said fees or deposits may include, without limitation, such amounts as may be determined by the Director or the Chief of Police. to be reasonably necessary as security for repair of damage to park property, for cost of cleanup, and for extra personnel to regulate conduct and traffic. Section 4226.8. Insurance. Any person or group imposing admission charges for activities held within City parks shall provide evidence of current insurance holding the City harmless from any and all liability for injury to persons or property resulting from the activity. The minimum amount of such insurance shall be determined by the City Clerk. This section shall not apply to activities sponsored by the Park Department for which a charge is imposed to help defray the cost of the activity. Section 4226.9. Duty to Leave Reserved Areas. It shall be the duty of all persons to leave a park area for which a valid reservation or permit has been issued to any other person or group whenever requested to do so by the permittee or by authorized park personnel. Page 5 Section 4226. 10. Enfor, __gent. The Police Department shall �,ave the primary responsibility for the enforcement of the provisions of this ordinance, including all violations of State law occurring within City parks. In addition thereto, all supervisory personnel in the Park Department and all Park Department personnel classified as groundskeeper or tree trimmer shall have the duty to enforce the provisions of Sections 4226.3 (a) (2), 4226.3 (b), 4226.3 (c), 4226.3 (d) and 4226.4, and all of such persons shall have the powers and duties of a deputy poundmaster for the purpose of enforcing the City's animal control ordinances (Municipal Code Section 4000 et seq.) within. City parks. For the purposes of such enforcement, said park personnel are authorized to arrest persons and issue citations in accordance with the provisions of California Penal Code Section 836.5. " SECTION 3. This Ordinance, together with the ayes and noes, shall be published once in _full, at least three days prior to its final passage, in the Telegram - Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 6th day of . November , 1972, on motion of Councilman Blake , seconded by Councilman Brown and on the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: None ATTEST: Page 6 0 569 FINALLY PASSED this 20th day of November 1972 by the following roll call vote: AYES: Councilmen Blake, Brown, Graham; Gurnee, Mayor Schwartz NOES: None ABSENT: None ATTEST: