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HomeMy WebLinkAbout38.1139'21:,'3/8'3 ,~: ORDINANCE NO. 38. 113 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTIONS H-l, 11-2 AND 11-3 OF CHAPTER 11 OF THE SARATOGA CITY CODE REGARDING PARKS AND RECREATION The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: Section ll-l(c) of Chapter II of the Saratoga City Code is hereby amended to read as follows: "(c) Director of Parks. The term "Director of Parks", herein- after in this Chapter culled "Director", shull mean that person or persons designated and appointed by the City Manager, with consent of the City Council, as the person or persons having authority over all parks within this City, and to whom is delegated the primary authority, responsibility and jurisdiction to administer and enforce the provisions of this Chapter. Until such time as a Director of Parks is appointed by the City Manager, with the consent of the City Council, the City Manager shull be the Acting Director, and shull have ull the rights, duties and responsibilities of such Director." SECTION 2: Section 11-2 of Chapter 11 of the Saratoga City Code is hereby amended to read as follows: "Unless otherwise designated by minute order or resolution of the City Council, or unless otherwise posted at a particular park, all parks shull be closed to the public between the hours of 10:00 p.m. and sunrise of the following day, and no person other than an officer or employee of the City shull be or remain in any park during such hours of closure. In addition, the Director shall have the power to close all or any portion of any public park for other hours and times of any day as may be reasonable or necessary in order to protect the public health, safety or welfare, and shall have the further power to close ull or any section of any park to the public at any time, and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise), either entirely or to close the same to certain particular uses, as may be reasonable or necessary under the circumstances to protect the public heulth, safety and welfare." SECTION 3: Section 11-3(i) of Chapter 11 of the Saratoga City Code is hereby amended to read as follows: "(i) be under the influence of intoxicating beverage or any drug so as to be a threat to the safety of himself or any -1- other person or property in such park. In addition to the foregoing, no person shall be in posses- sion of, or in any manner cause to be brought upon any park premises, or consume any alcoholic beverages except under the following conditions: where an authorized permit has been issued by the Director under Article II hereof for group use and such permit specifically permits the possession and consumption of alcoholic beverages, members of such group may possess or consume the same in accord with such permit." S]~CTION 4: Section ll-3(k) of Chapter 11 of the Saratoga City Code is hereby amended to read as follows: "(k) permit or allow any dog owned by such person, or under the custody or control of such person, to enter or remain in the park or any part thereof unless securely held and lead by a leash of not more than six (6) feet in length, securely attached to a harness or collar on such dog. Should any d~g defecate on any park premises or property, the person who owns said dog, or has custody or control of said dog, shall immediately remove any and all such excrement from the park." SECTION 5: Section 11-3(p) is hereby added to Chapter 11 of the Saratoga City Code to read as follows: "(p) any act which is in violation of any city, county or state law." SECTION 6: If any section, subsection, 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 validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection~ sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be held invalid or unconstitutional. SECTION 7: This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted this 19~h day of ,1983, by the following vote: -2- A YES: Councilmembers Cl~enge~, Fanelti j MallOry, a~d Mayor Moyles NOES: ~Coun~ilmember Callon ABSENT: None ATTEST: The above and foregoing is a true and correct copy of Ordinance 3~',//3 which has been published according to law. -3-