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ORDINANC . 38.48
~'~RDINANCE OF THE CITY OF SARATOGA REPEALING THE EXISTING PROVISIONS ON PARKS AND
RECREATION CONTAINED IN CHAPTER 11 OF THE SARATOGA CITY CODE, AND ENACTING NEW AND
DIFFERENT PROVISIONS OF SAID CHAPTER,~ON PARKS AND RECREATION
The City Council of the City of ~arat0g~do~slhereby ordain as follows:
Section 1: Sedf{d~l~'i.. thru 11-31 contained in Chapter 11 of the Saratoga City
Code i~sj~e~eby'repealed.
Section 2: The following_artiq~p_~.'ndis~qti6ns~are_he~eby added to Chapter 11 of the
Saratoga City Code, ~i~h chap[e'r'is entitled "Parks and Recreation", and
which articles and sections thereof are as follows:
Se.ction 11-1. Def.i.~itions
The following words and pb/'ases, whenever used in this chapter, shall be
construed'and have the meanings respectively ascribed to them by this section, as
follows:
(a)' Amplified Sound. Shall mean speech or music proJected.or tremsmitted
by electronic equipment including, but not limited to, amplifiers, loud-speakers,
microphones, bull horns, or simila~ devices or combinations of devices which ~e
intended to increase the volume, range, distance or intensity of speech, music %r
other sound and ~e powered by electricity or other fuel or energy;
(b) P~k. Shall mean and include all real prope~y, including g~ounds,
roadways, pa~ks, playgrounds, open space ~se~v~tions, recreation centers, or ~ny
tm~t or area thereof, located within the City .of S~atoga end open to the public fop '.'~
use Of either active o~ passive recreation, whether owned, ~ea~ed, or maintained by
the City of Saratoga. The te~m shall include all buildings, structures and other \~
facilities located on such real property devoted to such-use, and all ps~ks ~
hereby declared to be sanctuaries for wildlife.'
(c) Director of pa~ks~ hereinefter i~ this Chapter ~alled "Dire~tor". ~
Shall mean that person designated and appointed by th~ City Mane4~er, with consent of\I
the City Council, as Superintendent of all perks withfn this city, and to whom is
delegatedtthe primary authority, responsibility and jurisdiction to administer and
enforce the provisions of the within chapter. Until such time as the Director of
Parks is appointed by said City Manager, with the consent of the City Council, the
City Manager of the City of Saratoga shall be the Acting Director, and shall have
all the rights, duties and responsibilities of such DireCtor.
Section 11-2. Hours of qp.e. ration
Unless otherwise designated by Minute Order or Resolution of the City Council,t
all parks shall be closed to the public between the hours of ~:00 A.M. of each d~y
until sunrise of that d~y, and no person other than an officer or employee of the
City shall be or remain in any park during said 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 all or
any section of any park to the public at ~ny 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 circ,mm~tances to protect the health, safety and welfare of the
City.
S~ctipn 11-3. Acts Totall7 Prohibited
No person in a park shall do any of the following~
(a) Cut, carve, paint, mark, deface, disfigure, tamper with, displace or
remove any building or structure or any real or personal property, inclu~,ing, without
limitation, any bridge, table, bench, fireplace, barbeque facility, fence, railing,
monument, apparatus, facility, paving, water or other public utility lines or Utilities
or parts or.appurtenances thereof, nor cut, carve, paint, mark, paste, nail, staple
or fasten in any fashion any mark, writing, bill, advertisement,sign, card, display,
on any tree, fence, wall building, monument or other structure;
-1-
(b) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub,
bloom or flower, or any portion thereof, nor pick any flowers, foliage, berries, or
fruit of any such tree, shrub or plant;
(c) Excavate, dig up or remove any dirt, earth, sand gravel, stone, rock,
mineral or other substance or substances of which the property is composed or con-
tains~ or otherwise engage in any excavation or quarrying, nor remove nor carry away
any t~i~m~_r. of felled trees, or wood or other materials located within or upon the
ground not otherwise specifically enumerated hereinabove;
(d) Erect or construct or move into a park any building or structure of
any kind, whether temporary or permanent in character, including without limitation
tents or other temporary shelters for the purpose of overnight camping, house trailer,
camp trailer, pick-up camper, or any other movable structure or vehicle used!or to be
used for any such purpose~ except as may otherwise be provided in this chapter;
(e) Climb any tree or walk, stand or sit upon any monument, vase, fountain,
railing, fence or other structure not designated or custom-~ily used for such purpose;
(f) Go upon any lawn or grass plot, where legible signs prohibiting the
same are posted in a conspicuous location on or near such plot of lawn or grass;
(g) Use, carry or possess any firearm of any description, or air rifle,
spring gun, bow and arrow, sling shot, sling or other form of weapon potentially
dangerous to wildlife or to human safety, nor hunt, molest, harm, frighten, kill,
trap, chase, tease, shoot or throw misslea at any animal, bird or reptile, with the
exception of snakes known to be deadly poisonous such as rattlesnakes, which may
be killed upon sight; nor shall any person remove or have in his possession the
young of any wild animal, or the eggs. or nest of any young of any reptile or bird;
(h) Use or attempt to use or interfere with the use of any fireplace,
barbeque fac~li~y~ table, space or facility which at the time is reserved for any
other person or group of persons which has received a permit. from the Director
therefor in accord with Section ll-6, Article II, hereof.
(i) Be under the influence of int6xiCating liquor or any drug so as to
be a threat to the safety of himelf or any other person or property in said park;
(J) Have in his possession, Or set off, or otherwise cause to explode
or burn any firecreackers, torpedoes, rockets or other fireworks or explosives of
inflammable material, or discharge them or throw them into amy such area from land
or any other property or highway adjacent thereto;
(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 led by a leash of not more than 6 ft. in length, securely attached
to a harness or collar on such dog;
(1) Use or occupy any area or facility in any mmnner contrary to any
posted notice, including without limitation the entering of amy area posted as
being closed to the public;
(m) Throw, discharge or otherwise place or cause to be placed in ~the waters
of any pond, lake, stream, creek, natural waterway, fountain, storm Sewer or drain,
s~imming pool, or any other body of water in or adjacent to any park, any substance,
matter or thing, solid or liquid, which would cause or result in the contamination
or pollution of such waters, or which would in any way clog or jam or interfere with
the drainage, recycling, filtering, or flow of such body of water;
(n) Place, dump, deposit or leave any garbage, refuse, rubbish or other
trash, including without limitation any bottles, broken glass, asheS, paper boxes,
cans and similar item in any of the buildings or grounds of any park, save and
except in proper receptacles or containers as are provided for the purpose of such
disposal. - ~
(o) Sleeping or protracted lounging on park furniture.
The above prohibitions shall not be applicable to any officer or employee
of the City acting in the course and scope of his employment.
Section 11-~. Acts Prohibited Except in Designated Areas
No person shall do any of the following in any park except in such areas
where specifically permitted, as follows:
(a) Make, build, light, kindle or maintain any fire for any purpose,
except at the specific picnic places provided for such purpose, and then only in a
camp stove, or a fireplace or barbeque facility provided therefor. All such fires
shall at all times be attended by at least one responsible person, and before leaving
the areaof such fire, the same shall be completely extinguished.
(b) Stop, stand or park any motor vehicle or bicycle in other than a
designated parking area, which use shall be in accord with all posted directions,
and with instructions of any parking attendant in the employ of the City;
(c) Ride on or in, or drive, any motor vehicle in any park area other than
a designated parking area, except such area as is specifically signposted to permit
such operation, save and except that, unless otherwise designated, motor vehicles
other than mqtorcycles, motorbikes and motor scooters may be operated at a speed of
not to excee~ 15 M.P.H. on all paved roads in any park area
(d)~ Operate or ride as a passenger on any bicycle on other than a paved
road, or bicycle path designated for that purpose;
(e) Ride or lead any horse on other than paved roads or equestrian pathways
designated for that purpose, or cause, permit or allow any horse or other domestic
animal to be untethered or otherwise to be loose or to roamsupon any park area.
(f) Urinate or defecate other than in the receptacles provided therefor
in restroome provided for such purpose~
(g) Practice or play go~, or operate any motor-driven model airplaneS~
/boats or cars, or swim or bathe, or engage~%n a~y~cb~ry or target.practic~ ...... ~
or fishing, except in such areas'~s' ~re specifically signposted and designated therefor;
'(h) Lunch or picnic in any place other than as signposted and designated
for such purpose, and in this regard, fireplaces, barbeque facilities, benches and
tables sb~ll be used on a first-come, first-serve basis and no person shall use such
area or facilities for an unreasonable length of time for such purpose;
(~) Day or night camping in other than designated areas;
(j) Engage in any organized team sport or game except in areas specifically
designated therefor~
Section 11-5. Acts Prohibited Without Special Permit
Except upon the issuance of a special permit therefor, as hereinafter pro-
vided in Article II hereof, and only so long as there is compliance with such reason-
able conditions, if any, that such permit is made subject to, the ~ollowing are
prohibited in any park:
(a) The use or occupation of any park or area thereof by any pre-advertised
assemblage or group of persons 25 or more in number;
(b) The right to the exclusive use or occupation of any park or area thereof
by any person or group of persons, regardless of number;
(c) Amplified sound exceeding 25 watts of total output from all channels
of equipment and used therefor in any park or area thereof.
(d) Hawking, vending, peddling, selling or soliciting the sale of, or
holding out for sale, any food or drink for human consumption, nor hawk, vend, peddle,
solicit, sell or expose or offer for sale any goods, wares, m_e~h~a~ndise or services
of any kind, nor advertise the same, in any park or area thereof~
Article II - Special Permits
Section 11'6. Exclusive Group Use of Park Areas
Certain pre-designated areas of city parks may be made available for the
temporary exclusive ~se of groups of persons upon the iss,,a~ce of a reservation permit
therefor by the Director in accord with the following provisionS:
(a) Each group must consist of 25 or more persons~unl~s' it is a d~m~un~ty
~7~t~d ~'.6u~ ~"and H~,_~v~_' 6he _o'~,'~O~.a~ui~ whg ~r~e"i~{ .~i'ti~'~O~b~ ~'sponsible:,f~gr
sudh grOUp_ dU~{_~ ~He ~n~irg-'pe~.iod .0f exclusive use of the area in question;
(b) Each such group shall in no event exceed in number 75~ of the capacity
of such park, or the area of such park, as is established by the Park Regulations,
and in all events the Director shall have authority to limit the size of the group
to a number less than such percentage of capacity in conditioning such permit;
ll-6.1. Same - Application for Group Use Permit
Application for a group use permit shall be in ~riting on forms furnished
by the City, and be filed with the Director no less than 20 nor more than 90 days
prior to the date of the proposed use, and shall contain the following information:
(a) Name and business and residence address of each applicant, and of the
person or organization or entity sponsoring the proposed activity, and of each person
or persons who will be in charge of and responsible for such proposed activity;
(b) .fYh~'~k,~ ~ortion or aries thereof for which sugh pe~rm~it_i_s_ ,~esired;
(c) The day and hours for which the permit is desired, including starting
and finishing time;
(d) An estimate of the anticipated 'attendance;
(e) The nature of the proposed activity and a statement of all material
and equipment as may be brought into the park;
(f) Vending, sales, soliciting incidental to group use.
(g) Such other information as the Director may find reasonable or necessary
to make a fair determination of whether or not such permit should be issued.
SuCh application shall be accompanied by a ~ritten agreement executed by one
or more financially responsible adults agreeing that, if such permit be issued, they,
and each of them will Jointly and severally hold the City free and harmless from,
and indemnify it from and against any and all claims, actions, damages, suits or
liability for injury to persons or property occurring as the result of or arising
or resulting from the activity sponsored by such applicant and/or the use and
occupation of the park premises under and by virtue of any such permit as is granted,
agreeing to be liable to City for any and all damages as may be sustained to said
park, facilities, buildings and structures which directly or indirectly result from
the activity of said applicant or is caused by any participant in such activity.
Each such application shall be accompanied by the requisite fee therefor
as established by Resolution of the City Council, copy of which is attached hereto
as Exhibit "A".
11-6.2. Same - Prerequisites to Iss,~nce of Group Use Permit - · '
The Director shall issue a permit to the applicant upon making the
following fi~ings:
(a) That the proposed use or activity will not unreasonably interfere with
the promotion of the public health, welfare, safety and recreation;
(b). That the proposed use or activity is not reasonably anticipated to
incite crime, violence or disorderly conduct;
(c) That the proposed use or activity will not entail additional expense
of police protection by the Cit~ or if it otherwise would, that the applicant is
supplying isufficient additional police protection so as to eliminate such increase or
burden and will reimburse City for expense of increased police protection 'at the rate seti
forth in copy of Resolution of the City Council, attached hereto as Exhibit "B";
(d) That the facilities desired have not been reserved for other use at
the day and hour required in the appli~cation, or are not otherwise progr~mn~d for
use by the City for a city function at such time and place;
ll-6.~. Same - Conditions to Permit
In issuing any such permit, the Director may impose reasonable conditions
to protect the health, safety and welfare of the city, and the property and property
owners and citizens in the general area of Said park, including, without limitation,
restrictions on the requested use or uses set forth in the application and the hours
within which the use or activity maybe conducted, and including the requirement that
· the applicant provide, at its own cost and expense, professionalI~-~-control
monitors, such as Sheriff's deputies or private licensed patrolmen, in such numbers
as the Director reasonably ~pt~.pates may be necessary under all the circumstances.
A clean-up deposit shall also be required, in such amount as indicated by
the Director, but no less than $ 50 , guaranteeing not only that the permittee
will 'leave the park premises in a clean and orderly condition upon termination of.
the use, but also the repair of all damages and replacing of any park equipment and/or
plantings removed or destroyed by permittee. or any of the members and/or guests of
the group or entity using the facilities under .such permit~
11-6.4 - Same - Appeal
An appeal may be taken by the applican~ from any decision of the Director
denying such permit, or granting such permit with conditions, and the same sh~ll be
taken by filing a written notice thereof.with the City Clerk, letter-form being
sufficient, within five days from the date of the granting or denial of the applica-
tion. The notice shall be signed by the applicant, sb~] 1 set forth all of the grounds
for appeal, and shall be accompanied by such filing fee as may be set by Resolution
of the City Council sufficient to cover the cost of handling such appeal as prescribed
herein. The City Clerk on receipt of such notice shall set the appeal for hearing
before the Council at its next regular meeting, mailing notice of sane to the appli-
cant not less than seven (7) days prior to said meeting. The City'~iCouncil may affirm,
reverse or modify the decision of the Director and the decision of the City Council
on appeal shall be final.
11-6.5 - Same - Revocation of Permit
Any permit issued under the provisions of this section shall be subject to
revocation by the Director upon a finding of any violation of any of the provisions
of this chapter, or any of the conditions of said permit, or any other ordinance or
code provision of the City, w~Aich revocation shall be effective immediately, but
which sh~l I be subject to review by appeal in the same manner as set forth in
Section ll-6.~ hereinabove.
Section ll-7. A~p. lified Sound
Amplified sound exceeding 25 watts may be permitted in a park or a portion
or area thereof only upon the obtaining of a special permit therefor from the
Director, upon written application having been made to said Director at least 10p._
days prior to the date upon which the applicant desires to conduct such activity,
subject to the following provisions:
(a) In the event the anticipated group will equal or exceed 25
persons, a reservation permit must first be obtained in accord with Section 11-5 (a)
hereof;
(b) Amplified. sound shall not exceed 9~ decibels (DBA) at a point
50 ft. in front of the ~enter point of the distance between loudspeaker installations,
and shall not continue for any event in excess of four (4) consecutive hours in dura-
tion;
(c) The position of any loudspeaker and the location of any bandstand
or other ~Eacility shall be ab specified' by the Director, in order to prevent the
amplified sound from being noticeably audible' in any adjacent private residential
areas;
(d) The Director shall issue an amplified sound !permit upon making
the same findings as hereinabove set forth in Section il'~.~.h~'r_e_of~r~lp~t~ng tQ ~ ·
reservation permits, and may impose reasonable conditions on any such permit, ahd 'I
if said Director is unable to make said findings said permit may be denied, and
the Director's action in granting, conditionally granting or denying such permit
.shall be fibs.1 and subject to review on appeal.
Article III
Supplemental Regulations and Enforcement
Section 11-~. Additional Regulations
The City Council may from time to time by Minute Order or Resolution adopt
additional supplemental regulations relating to the conduct of persons, uses and
activities permitted, regulated or prohibited, .on park property, which are not
contradictory or contrary to any of the provisions of this Chapter, and may require
the Director or any of his subordinates to enforce the sane.
ll-9. Du..ties of Director
The Director of Parks shall be the official responsible for the enforcement
of this Ordinance, and for the implementation of this Ordinance in the designation of
areas for particular uses, and areas in which certain uses are prohibited, and for
the posting of the requisite notices of the same all as more particularly set forth
in Article I of this Ordinance.
Section 3: 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, subsections, sentences, clauses or phrases
be held invalid or unconstitutional.
Section 4: This ordinance shall take effect a~ be in full force a~' effect thirty
(30) days after the dateof its passage and adoption.
The above and foregoing ordinance was regularly introduced and after the wait-
ing time required by law was thereafter passed and adopted at a regular meeting of
the City Council of the City of Saratoga on the 2nd day of AuSust ,
19 72 , by the following vote:
AYES: ~ouncilmen Smith, Dwyer, Bridges, Diridon and Kraus
NOES: None' L/L,~dr)Aj~
ABSENT: None
AT~S '~
The above and foreg ing iS a true end correct
co~¥ :,,~ ¢~-dinance -~'' ,4 ~' which-has been
published according to law.
~,~ ~ Deputy City Clerk Date
~7-