HomeMy WebLinkAbout3326 1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO REGULATING THE USE
OF PUBLIC PARKS AND RECREATIONAL FACILITIES; AND REPEALING ORDI-
3 NANCE NO. 2842.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1. TITLE. This Ordinance shall be known as the
7 "Parks and Recreation Ordinance".
8 SECTION 2. DEFINITIONS. For the purpose of carrying out
9 the intent of this ordinance, the following words, phrases, and
10 terms shall be deemed to have the meaning ascribed to them in this
11 Section.
12 AMPLIFIED SOUND shall mean speech or music, pro-
jected or transmitted by electronic equipment,
13 including amplifiers, loudspeakers, microphones,
bull horns or similar devices which are intended
14 to increase the volume, range, distance, or in-
tensity of speech or music and are powered by
15 electricity, battery, or combustible fuel.
16 BUILDING includes any building, or portion thereof,
under the supervision of the Parks and Recreation
17 Department of the City of San Bernardino.
18 DIRECTOR shall refer to the Director of the De-
partment of Parks and Recreation.
19
PARK shall include all grounds, roadways, avenues,
20 park facilities, municipal parks and playground
areas, or portions thereof, under the supervision
21 of the Parks and Recreation Department.
22 PERMIT shall mean a permit for exclusive use of
any park or building, or portions thereof, as pro-
23 vided for in this ordinance.
24 PERSON shall mean persons, groups, associations,
partnerships, firms or corporations unless the
25 context in which such word is used indicates the
singular word person was intended.
26
27 SECTION 3. EXCLUSIVE USE. The City's public parks and
28 buildings, or portions thereof, may be made available for the ex-
29 elusive use of persons subject to the issuance of a permit by the
30 Director as provided for in this ordinance.
31 SECTION 4. ATTENDANCE OF TWENTY-FIVE OR MORE PERSONS. No
32 group of persons, firm, corporation, society or organization which
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1 anticipates an attendance of more than twenty-five persons shall
2 conduct any picnic, celebration, parade, service or exercise in
3 any public park or building or use any park facility, without
4 first obtaining a written permit from the Director as provided
5 for in this ordinance.
6 SECTION 5. APPLICATION FOR PERMIT. Any person applying
7 for a permit, pursuant to Sections 3 and 4 of this ordinance,
8 shall file an application for such permit with the Director, not
9 less than 10 days nor more than ninety days, prior to the pro-
10 posed use of said park or building. Upon a showing of good cause,
11 the Director may waive the ten day period.
12 The application shall contain the following information:
13 (a) The name of the sponsoring organization. The name,
14 business address, and telephone number of the applicant, who shall
15 be held responsible for the proposed activity;
16 (b) The ark, buildin , or ortion thereof, a lied for;
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17 (c) The starting and finishing time of the proposed
18 activity;
19 (d) The number of people expected to attend;
20 (e) Additional city facilities requested, including but
21 not limited to personnel, tables and chairs;
22 (f) The nature of the proposed activity or activities, in-
23 eluding equipment and vehicles to be brought into the park, the
24 nature and duration of the use of such equipment and the nature
25 and duration of the use of any amplified sound;
26 (g) Estimated number of parking spaces required;
27 (h) Such other information as shall be required by the ~
28 Director.
2g SECTION 6. ISSUANCE OF PERMIT. The Director shall grant
30 or deny such application within five working days after its sub-
31 mission, unless the time for such granting or denial of the permit
32 has been waived by the applicant in writing. The decision grantin
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or denying said application shall be mailed to the applicant.
1 Upon the granting of any permit, the Director may impose
2 reasonable requirements and conditions concerning the use of the
3 park or buildin as necessar to insure that the ~
g, y, proposed ac-
¢ tivity and use will not unreasonably interfere with or detract
5 from the promotion of public peace, health, safety and recreation.
g A permit issued for the use of a building, or part thereof
ry shall contain the closing time. Closing times for each building
g shall be set by the Director and shall be uniformly applied.
g Upon the issuance of a permit for use of a building, the
10 Director shall indicate on the permit , the occupancy load of the
11 building.
12 Upon the advice of the Chief of Police, the Director may
13 impose a requirement of one crowd control monitor per fifty per-
14 sons expected to attend the proposed activity. The Director may
15 require a one hour orientation program, to b°e conducted by the
16 Chief of Police or his designee, for crowd control monitors at a
17 reasonable time and place prior to the proposed activity, which
lg time and place shall be set by the Chief of Police or his designee.
lg The applicant shall, within the time limit specified by the Direc-
20 tor, submit a list of the proposed crowd control monitors, in-
21 cluding their names, addresses, and telephone numbers. The
22 applicant may, at his option, provide police reserve personnel or
23 duly licensed private patrolman, instead of crowd control monitors,
24 in the numbers approved by the Chief of Police. In the event that
25 the applicant provides police reserve personnel, or duly licensed
26 private patrolmen, no orientation session will be required.
27 The Director may grant the use of a permit for a different
28 park than the one applied for, with the consent of the applicant,
29 in the event that a permit has already been issued for the re-
30 quested park, or when such requested park does not meet the needs
31 of applicant or is otherwise deemed unsuitable for the purpose of
g2 the proposed activity.
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1 In the event that more than one application is received
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2 for the use of a particular park, facility, or building for the
3 same day, the Director shall grant priority to and shall act upon
¢ the application first received by the Department.
5 SECTION 7. DENIAL OF PERMIT. The Director may deny the
6 application, if he finds that any of the following conditions
7 exist:
8 (a) That the application reveals that the City has no
9 park or building which will accommodate the activity of applicant;
10 (b) That the Chief of Police has determined that off-duty
11 police officers or police reserve officers must be called to duty,
12 because the proposed activity is of a size or nature that requires
13 the diversion of so great a number of police officers to properly
14 police the area, that the remainder of the City is without proper
15 police protection;
16 (c) That the applicant refuses to agree, in writing, to
17 comply with all conditions in the permit;
18 (d) That the applicant failed to file an application with-
19 in the appropriate time limits;
20 (e) That the park, facility or building is not available
21 due to prior reservation thereof;
22 (f) That the applicant or organization has violated Sec-
23 tion 12 of this ordinance within the past two years, whether or
24 not said violation resulted in a conviction;
25 (g) That the applicant or organization has failed to pay
26 the city for past damages to any park, facility, building, equip-
27 ment, or furniture, owned or controlled by the City, which damages
28 resulted from or arose out of the activity of permittee;
29 (h) When a hazardous condition threatens the participants,
30 spectators, staff, facility, equipment or building;
31 (i) If all the requirements of this ordinance are not met.
32 The Director shall specify in writing the grounds for the
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1 denial of the permit.
2 SECTION 8. RIGHT OF APPEAL OF DENIAL OF PERMIT OR CONDI-
3 TIONS IMPOSED ON ISSUANCE OF PERMIT. The applicant may appeal the
4 denial of a permit, or conditions imposed upon the issuance of a
5 permit, by the Director, to the City Administrator.
6 Applicant must file said appeal with the City Administrator
7 within five days of the Director's mailing of such decision. The
8 City Administrator shall hold a hearing, within three days of the
9 filing of said appeal, at the office of the City Administrator,
10 at which time the applicant may present any and all evidence,
11 testimony, and information relevant to the application. In the
12 case of a denial of a permit the City Administrator shall within
13 twenty-four hours of said appeal hearing issue his decision,
14 either affirming the denial of the application, or directing the
15 Director of Parks and Recreation to issue the permit as applied
16 for, subject to reasonable terms and conditions. When the appeal
17 is taken on the conditions imposed by the Director of Parks and
18 Recreation, the City Administrator shall, within 24 hours of said
19 hearing, issue his decision either affirming the conditions im-
20 posed or directing the Director to issue the permit with amended
21 conditions.
22 The decision of the City Administrator shall be final and
23 binding, provided that the Mayor and Common Council reserves the
24 power to overrule or modify such decision and to issue or deny the
25 permit.
2g SECTION 9. FEES AND DEPOSITS. Upon granting of a permit
try under this ordinance, any fees or deposits required for the use of
28 City personnel, parks, buildings, equipment, and facilities shall
2g be paid by the applicant to the Director no later than three work-
30 ing days before the date the activity is to be held. If said fees
31 or deposits are not paid on or by the third day before the activ-
32 ity is to be held, the permit theretofore issued shall be null and
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lei void, provided that the 1irector upon a showing of good cause may
2 permit payment at any time prior to the proposed use.
3 The Mayor and Common Council shall establish by resolution
4~~ a fee schedule for the use of the public parks and buildings and
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5 for the rental or use of equipment, facilities and personnel.
q 6 Copies of said fee schedule shall be made available to the public
7 by the Department of Parks and Recreation.
8 SECTION 10. LIABILITY. All persons to whom an exclusive
9 use permit has been granted must agree in writing to hold the
10 City harmless and indemnify the City from any and all liability
11 for injury to persons or property occurring as a result of the
12 activity sponsored by permittee and said persons shall be liable
13 to the City for any and all damage to any park, facility, building
14 equipment and furniture owned or controlled by City, which results
15 from the activity of permittee or is caused ;by any participant in
16 said activity.
17 SECTION 11. DISPLAYS AND SALES FOR PROFIT. No person shall
18 sell or offer for sale any merchandise, article or thing of any
19 kind or nature whatsoever unless such person possesses the written
20 consent of the Director.
21 SECTION 12. PARK REGULATIONS. Within the limits of any
22 public park or playground in or upon any facility or building lo-
23 sated therein and owned or controlled by the City, no person shall:
24 (a) Cause the amplification of sound exceeding 25 watts
25 total output from all channels of equipment used except pursuant
2g to an exclusive use permit issued under this ordinance and subject
27 to the following conditions:
28 1. The location of any bandstand and the position of
29 each loudspeaker shall be as specified by the Director so as to
30 allow the least amount of amplified sound to be audible in any
31 adjacent residential neighborhoods.
32 2. Amplified sound shall not exceed 95 decibels (dba)
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ll! at a point 50 feet in front of the center point of the distance
2~ between loudspeaker installations. ~
3' (b) Play or practice golf or use golfclubs in any area
4~i not designated for such use;
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5i (c) Operate any motor driven model airplane except in
6 areas designated for such use;
7 (d) Operate or park any motor vehicle as defined in the
8 California Vehicle Code within a park except upon areas designated
9 for such use;
10 (e) Operate, drive, or ride upon any bicycle, unicycle,
11 tricycle, horse or any other animal in any park except in areas
12 designated and posted specifically for such use;
13 (f) Leave any garbage, trash, cans, bottles, papers or
14 other refuse elsewhere than in the receptacles provided therefor;
15 (g) Use or attempt to use or interfere with the use of
16 any table, space or facility which at the time is reserved for
17 any other person or group which has received a permit from the
18 Director for use thereof;
19 (h) Discharge or shoot any firearm, air gun, slingshot,
20 or bow and arrow except at places designated and posted specifi-
21 cally for such purposes;
22 i Di remove destro in ure m
( ) g, y, 7 , utilate or cut any
23 tree, plant, shrub, bloom or flower, or any portion thereof ex-
24 cept a duly authorized City employee in the performance of his
25 duty;
26 (j) Remove any wood, turf, grass, soil, rock, sand or
27 gravel from any park except a duly authorized City employee in
28 the performance of his duty;
29 (k) Cut, break, deface, or disturb any rock, building,
30 cage, pen, monument, sign, fence, structure, apparatus, equipment
31 or property except a duly authorized City employee in the perfor-
32 mance of his duty;
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li (1) Light or maintain any fire unless such fire is lighted)
21 and maintained only in a stove or fire circle or place provided
3 for such purpose;
¢j (m) Throw rocks and waste matter in unauthorized places;
g (n) Bathe or wade in or otherwise pollute the waters of
6 any pond, stream, lake or pool unless wading or bathing are al-
7 lowed in designated streams or pools or portions thereof;
g (o) To frighten, chase, set snare for, catch, injure or
9 destroy any wild quadrupeds or birds; or destroy, remove or dis-
10 turb any of the young or eggs of same, or to injure or maltreat
11 any domestic or other animals;
12 (p) To camp, lodge or tarry overnight, unless there are
13 set aside certain places for this purpose; the provisions of
14 Ordinance No. 295, Section Two, City of San Bernardino, regulating
15 loitering and tarrying in any public park i9 hereby adopted by
16 reference;
17 (q) To indulge in riotous, boisterous or indecent conduct;
lg and no noisy, disorderly or offensive person shall be allowed
lg within the park; the provisions or Ordinance No. 1554, City of
20 San Bernardino prohibiting any person from drinking alcoholic
21 beverages in a public place is hereby adopted by reference;
22 (r) To roller skate or bicycle upon tennis courts in any
23 public park within the City; and
2¢ (s) No male person over the age of six years shall enter
25 any ladies toilet within the public parks or shall go into the
2g vault of any such toilet, and no man or boy shall go or be allowed
27 to go within twenty feet of such toilet, except Park employees
2g who may enter upon such premises at proper hours for the purpose
2g of cleaning and repair. No person shall cut or deface the walls
30 of any toilet or structure within the public parks or shall cut
31 or write thereon any names or any obscene or indecent or other
32 language.
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111 SECTION 13. PENALTY. Any person, firm, or corporation
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2j' violating or causing the violation of any of the provisions of
3~~ this ordinance shall be deemed guilty of a misdemeanor, and upon
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4i conviction thereof shall be punished by a fine of not more than
5 five hundred dollars ($500), or by imprisonment for a period of
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6 not more than six months, or by both such fine and imprisonment.
7' SECTION 14. SEVERABILITY. If any section, sentence,
8 clause or phrase of this ordinance is for any reason held by a
9 court of competent jurisdiction to be invalid, such decision shall
10 not affect the validity of the remaining portions of this ordi-
11 nance. The Mayor and Common Council of the City of San Bernardino
12 hereby declare that it would have passed and does hereby pass this
13 ordinance and each section, sentence, clause, and phrase hereof,
14 irrespective of the fact that any one or more sections, sentences,
15 clauses or phrases be declared invalid or unconstitutional.
16 SECTION 15. Ordinance No. 2842 is hereby repealed.
17 I HEREBY CERTIFY that the foregoing ordinance was duly
].g adopted by the Mayor and Common Council of the City of San Bernar-
19 dino at a
_J.L E?~ j -i:/a . ' meeting thereof , held on the. , : J day
20 of I ~ i _~~~,i~,,;~~ 197, by the following vote, to'~wi`t`h:~
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21 AYES : Counc7.lmen ~ t'„-;~1.~; `~i /~t s s~ y„~ _,t , n r~/
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23 NAYS: / ~ ~ i// i%
24 ABSENT: ,~-q,./- /~:~:r~~+`s~
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25
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26 - C t C erc
27 ,The foregoing ordinance is hereby approve this~day
28 of ; 1972
29
G ~ May~o~'T`t~e
~itp
o~San Bernardino
30 Approved as to form:
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31 C =
32 ity Att rney "`y'
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