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ORDINANCE NO. c:z H~
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REGUIATING THE
EXCLUSIVE USE OF PUBLIC PARKS AND RECREATIONAL FACILITIES; AND
REQUIRING THE ISSUANCE OF A PERMIT THEREFOR.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDAIN AS FOLLOWS:
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SECTION ONE: No group, association or organization which
6 anticipates an attendance in excess of fifty (50) persons shall
7 use or occupy, to the actual or constructive exclusion of others,
8 a portion of any public park or other public recreational facility
9 owned or controlled by the City of San Bernardino and devoted to
10 active or passive recreation, without first obtaining a permit
11 from the City Administrator of said city. A permit shall not
12 be required for recreational or qther activities conducted,
13 sponsored or supervised by the Recreation Department of the city.
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SECTION TWO: Whenever any such group, association or
15 organization desires to use a portion of said park or facilities.
16 for a particular purpose, such as a picnic, party, an assemblage
17 or a theatrical or entertainment performance, a representative
18 of said group, association or organization shall first obtain a
19 permit from the City Administrator who is designated as the offi-
~ cer to perform such duty under this ordinance and Ordinance No. 2 26.
21 The City Administrator shall issue the permit if it
22 appears that the group. association or organization will not
23 unreasonably interfere with the general use of the park by
24 individual members of the public; that the proposed activity and
25 use will not unreasonably interfere with or detract from the
26 promotion of public peace, health, safety and recreation; that
27 the proposed activity will not entail unusual, extraordinary or
28 burdensome expense or law enforcement by the City; that the pro-
29 posed activity or use is not reasonably anticipated to incite
~ violence, crime or disorderly conduct or to present a clear and
31 present danger to peace and safety; or that the facilities
32 desired have not been reserved for other use at the day and hour
1 requested in the application.
2 In the event the City Administrator refuses to issue a
3 permit, the applicant may appeal to the Mayor and Common Council,
4 which body may approve, modify or reverse the decision of the
5 City Administrator.
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SECTION THREE: The permit shall specify what portion of
7 the public park shall be utilized, the date and time that it may
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81 be utilized and any conditions or requirements imposed upon such
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9 use.
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SECTION FOUR: Each person in a group, association or
organization with more than fifty (50) persons in attendance
which attempts to so exclusively use or occupy a portion of a
public park without first obtaining said permit, shall disperse
upon the command of any police officer of said city to permit
the free and unhindered use by any and all citizens of said city
of any portion of the public parks or facilities of said city.
SECTION FIVE: The issuance of said permit shall be con-
ditioned upon compliance with all city ordinances, including but
not limited to Ordinance No. 295 (Curfew), Ordinance No. 1554
(Consumption of Alcoholic Beverages), and Ordinance No. 2732
(Handbills and Litter), and other laws when using or occupying
22 said parks or portions thereof. The violation of any ordinance
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or law shall forthwith constitute grounds to command a dispersal
and shall automatically cancel said permit.
SECTION SIX: No admission, donations or other remuneration!
shall be sought or received by said group in or on the public I
parks of said city; nor shall solicitations, whether for member-
ship, charity or any other purpose, be sought, requested or
received by said group when in or on the public parks of said
city.
SECTION SEVEN: No animal, fowl, amphibian or reptile
,shall be allowed in or on the public parks of said city unless
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1 said animal, fowl, amphibian or reptile is restrained by leash,
2 cage or enclosure at all times while in or on the public parks
3 of said city, or unless it is owned, controlled or possessed by
4 the city.
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SECTION EIGHT: No loud speaker or other sound amplifica-
6 tion equipment shall be allowed in the public parks without the
7 consent of the City Administrator or other authorized officer of
8 said city; no loud speaker or sound amplification equipment or
9 radio, phonograph or other sound producing, transmitting or emit-
10 ting device shall be operated or played so loud as to disrupt
11 other activities in the public parks.
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SECTION NINE: Any person, firm or corporation violating
13 or causing or permitting the violation of any of the provisions
14 of this ordinance shall be deemed guilty of a misdemeanor, and
15 upon conviction thereof shall be punishable by a fine of not more
16 than Five Hundred ($500.00) Dollars, or by imprisonment for a
17 period of not more than six months, or by both such fine and
18 imprisonment.
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SECTION TEN: If any section, sentence, clause or phrase
of this ordinance is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect the
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22 validity of the remaining portions of this ordinance. The
23 Common Council of the City of San Bernardino hereby declares that
24 it would have passed and does hereby pass this ordinance and each
25 section, sentence, clause and phrase hereof, irrespective of the
26 fact that anyone or more sections, sentences, clauses or phrases
27 be declared invalid, or unconstitutional.
28 I HEREBY CERTIFY that the foregoing ordinance was duly
29 adopted by the Mayor and Connnon Council of the City of San
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Bernardino at a
on the~..// day
vote, to wit:
~///ArA/'
of d'~/~d/
meeting tRereof, held
1967 by the following
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AYES:
/
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NOES:
ABSENT: ~_--<
of
The foregoing
(??A/
Approved as to form:
j... y!.' ~ D
(./C~~ VA/ALA'-A'
City A torney
ordinance is
s~~r{lJay
, 1967.
r4f~
Mayor 0 the C ty 0 an rnardino
FI LED
AUf, 221967
JACK T. FBLJ'UJ'" Cuy Clerk
'~.......m.'.".",,,. '" . ""."""OEPOTY