HomeMy WebLinkAbout08-09-1972 City Council staff reportFROM: CITY MANAGER
SUBJECT: PROPOSED REVISIONS IN PARK & RECREATION ORDINANCE
�Nlll
MAY 16, 1972 (
Attached for your consideration and review is a proposed ordinance modifying
the chapter 11 of the City Code pertaining to Parks & Recreation. This proposal
is based on the information which was sent by you to the Public Welfare Committee
of the City Council, which they reviewed, and subsequently sent to the City
Attorney for a proposed ordinance. r
I am sending a copy of the proposed ordinance to you prior to'it going to the
City Council so that you might work out some of the rough edges on which the
City Attorney had questions. Once you have reviewed it and indicated those
modifications which you would like to make, then I think i,t should be sub-
mitted with those modifications back to the City Council for further discussion
and review. K
The City Attorney has not included all definitions as originally outlined in
your proposed ordinance because they are already covered elsewhere in the City
Code. Therefore, those definitions which are indicated on page 1 are those
which are not included anywhere else in the present City Code.
There were three major areas where he had questions which had not been made
clear to him based on your prior recommendations.
1. ✓TThhe question of allowing sleeping on park benches: There is no pro-
hibition to this in the ordinance and in the information which he
had there was no clear cut direction indicated on your part on how
you want to handle this. It seems to me that you would probably want
to allow someone sleeping on the bench during the day but to prohibit
it at night and have some kind of control so that if there are undesir-
able people such as hobos or bums there would be a mechanism for asking
,them to leave, if necessary.
2. Another question which Faber has raised relates to the question of
whether or not we want the regulations to be applicable to County
parks within the city. This would specifically apply to Montalvo.
I am not sure that we would have any real control over County parks
just because they are located within the city limits of Saratoga.
This is a legal question that you might want to look at in more depth.
3. Uses by permit: On page 9 of the proposed ordinance Faber has left
two blank areas, 1) These pertain to the sales of merchandise - vending
and 2) Overnight camping. Again, there was no clear cut indication
of your feelings in the information he received and needs more
direction before any specific wording might be drafted. He did
indicate, regarding the overnight camping, that there were some comments
to the fact that you wanted those provisions of overnight camping
1
CITY .OF SARATOGA
i�EMORANDUM
�
TO: PARKS &
RECREATION
COMMISSION
FROM: CITY MANAGER
SUBJECT: PROPOSED REVISIONS IN PARK & RECREATION ORDINANCE
�Nlll
MAY 16, 1972 (
Attached for your consideration and review is a proposed ordinance modifying
the chapter 11 of the City Code pertaining to Parks & Recreation. This proposal
is based on the information which was sent by you to the Public Welfare Committee
of the City Council, which they reviewed, and subsequently sent to the City
Attorney for a proposed ordinance. r
I am sending a copy of the proposed ordinance to you prior to'it going to the
City Council so that you might work out some of the rough edges on which the
City Attorney had questions. Once you have reviewed it and indicated those
modifications which you would like to make, then I think i,t should be sub-
mitted with those modifications back to the City Council for further discussion
and review. K
The City Attorney has not included all definitions as originally outlined in
your proposed ordinance because they are already covered elsewhere in the City
Code. Therefore, those definitions which are indicated on page 1 are those
which are not included anywhere else in the present City Code.
There were three major areas where he had questions which had not been made
clear to him based on your prior recommendations.
1. ✓TThhe question of allowing sleeping on park benches: There is no pro-
hibition to this in the ordinance and in the information which he
had there was no clear cut direction indicated on your part on how
you want to handle this. It seems to me that you would probably want
to allow someone sleeping on the bench during the day but to prohibit
it at night and have some kind of control so that if there are undesir-
able people such as hobos or bums there would be a mechanism for asking
,them to leave, if necessary.
2. Another question which Faber has raised relates to the question of
whether or not we want the regulations to be applicable to County
parks within the city. This would specifically apply to Montalvo.
I am not sure that we would have any real control over County parks
just because they are located within the city limits of Saratoga.
This is a legal question that you might want to look at in more depth.
3. Uses by permit: On page 9 of the proposed ordinance Faber has left
two blank areas, 1) These pertain to the sales of merchandise - vending
and 2) Overnight camping. Again, there was no clear cut indication
of your feelings in the information he received and needs more
direction before any specific wording might be drafted. He did
indicate, regarding the overnight camping, that there were some comments
to the fact that you wanted those provisions of overnight camping
6
MEMORANDUM
May 16, 1972
Page 2
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which were in the Palo Alto ordinance, but it seems to me, that
you might want to reevaluate your position on this in that Palo
Alto has some parks that are much larger than any of our existing
parks and on the surface it would seem to me, we would not want
to allow any overnight camping whatsoever. If overnight camping
is to be allowed then I would strongly suggest, that a specific
designation be indicated either in the rules or regulations so that
people don't get the impression that any of our parks could be used
for that purpose.
I would like to plan to be present when you discuss these modifications as I
have some particular interest in some of them.
Robert F. e
CITY MANAGER
Attachment
epi '3
CITY OF SARATOGA 1 1a.--k- C9
MEMORANDUM MAY 15, 1972
TO: CITY 4TTORNEY
FROM: PARKS & RECREATION COMMISSION
SUBJECT: PARK ORDINANCE REVIEW
The Parks & Recreation Commission requests that you consider the following
changes to Article 4 of the City Code relating to roads and trails in your
current review of ordinances pertaining to parks and recreation:
11 -23 - "Camp Area" should be deleted as the city does not have these
type facilities.
11 -24 - This section should be deleted. There is currently no appropriate
signing of the roads and there are questions as to just what has been
designated as a "bridal path" or "equestrian trail ".
11 -25 - Commission recommends that the speed limit should be changed to
15 M.P.H. in parks. (Los Gatos Town Code 18 -5D specifies a 15
M.P.H. speed limit).
Thom Ford, Secretary
PARKS & RECREATION COMMISSION
CITY OF SARATOGA
MEMORANDUM
TO: CITY ATTORNEY
FROM: CITY MANAGER
SUBJECT: PROPOSED REVISIONS TO THE SARATOGA PARK ORDINANCE
APRIL 26, 1972
Attached,is a copy of a memorandum from the Parks and Recreation Commission
to the City Council regarding their recommendations for revision of the
park ordinances. These recommendations have been approved by the Public
Welfare Committee of the City Council and they would like to have a draft
form of an ordinance to review including these recommendations of the
Parks and Recreation Commission.
The only additional comment I would add to this is that the Hakone Gardens
be seperated in terms of rules and regulations from parks so that we start
looking at the gardens as gardens rather than parks. I feel there is a
distinct difference in the nature of Hakone Gardens as related to any of
our existing or new parks and would like to see a different set of criteria
established for use and review of this facility.
I am enclosing the package of information submitted to the Council Committee
by the Parks and Recreation Commission in hopes that it will provide the
back up information necessary to putting the ordinance together.
If you have any questions don't hesitate to give me a call.
Robert F. eyer
v
ORDINANCE NO. 38.48
'ORDINANCE 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 Saratoga does hereby ordain as follows:
Section 1: Section 11 -1 thru 11 -31 contained in Chapter 11 of the Saratoga City
Code,is hereby repealed.
SPCt;on 2: The following articles and sections are hereby added to Chapter 11 of the
Saratoga City Code, which chapter is entitled "Parks and Recreation ", and
which articles and sections thereof are as follows:
Section 11 -1. Definitions
The following words and phrases, 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 transmitted
by electronic equipment including, but not limited to, amplifiers, loud - speakers,
microphones, bull horns, or similar devices or combinations of devices which are
intended to increase the volume, range, distance or intensity of speech, music br
other sound and are powered by electricity or other fuel or energy;
(b) Park. Shall mean and include all real property, including grounds]
roadways, parks, playgrounds, open space reservations, recreation centers, or any
part or area thereof, located within the City of Saratoga and open to the public for
use of either active or passive recreation, whether owned, leased, or maintained by
the City of Saratoga. The term shall include all buildings, structures and other
facilities located on such-real property devoted to such use, and all parks are
hereby declared to be sanctuaries for wildlife. ;
(c) Director of Parks, hereinafter in this Chapter called "Director".
Shall mean that person designated and appointed by the City Manager, with,corsent of
the City Council, as Superintendent of all parks within this city, and to whom is
delegated-the 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 Operation
Unless otherwise designated by Minute Order or Resolution of the City Council,
all parks shall be closed to the public between the hours of 2:00 A.M. of each'day
until sunrise of that day, 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 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 health, safety and welfare of the
City.
Section 11 -3. Acts Totally 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, including, 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;
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(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 tember of felled trees, or wood or other materials located within or upon the
ground not otherwise specifically enumerated hereibabove;
(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 customarily 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 missles 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 removes 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 facility, 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 11 -6, Article II, hereof.
(i) Be under the influence of intoxicating liquor or any drug so as to
be a threat to the safety of himself 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 any 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 manner contrary to any
posted notice, including without limitation the entering of any 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 flaw 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 items 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.
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(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 -4. 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 area of 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 motorcycles, motorbikes and motor scooters may be operated at a speed of
not to exceep 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 roam upon any park area.
(f) Urinate or defecate other than in the receptacles provided therefor
in restrooms provided for such purposes
(g) Practice or play golf, or operate any motor - driven model airplane,
boats or cars, or swim, bathe , or engage in any archery or target practice,
or fishing, except in such areas as are 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 shall 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;
(J) 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 following are
prohibited in any park:
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(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, merchancise 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 use of groups of persons upon the issuance of a reservation permit
therefor by the Director in accord with the following provisions:
(a) Each group must consist of 25 or more persons unless it is a community
oriented group, and have one or more adults who agree in writing to be responsible for
such group during the entire period of 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;
11 -6.1. Same - Application for Group Use Permit
Application for a group use permit shall be in writing 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) The park or portion or area thereof, for which such permit is desired;
(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 written agreement executed by one
or more financially responsible adults agreeing that, if such permit be issued, they,
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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 Issuance of Group Use Permit
The Director shall issue a permit to the applicant upon making the
following findings:
(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 City, or if it otherwise would, that the applicant is
supplying sufficient additional police protection so as to eliminate such increase or
burden and will reimburse City for expense of increased police protection at the rate set
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 application, or are not otherwise programmed for
use by the City for a city function at such time and place;
11 -6..3. 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 may be conducted, and including the requirement that
the applicant provide, at its own cost and expense, professional crowed- control
monitors, such as Sheriff's ,deputies or private licensed patrolmen, in such numbers
as the Director reasonably antitipates 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 applicant from any decision of the Director
denying such permit, or granting such permit with conditions, and the same shall 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, shall set forth all of the grounds
for appeal, and shall be accompanied by such filing fee as may be set by Resolution
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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 same to the appli-
cant not less than seven (7) days prior to said meeting. The City=Council 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, wi,ich revocation shall be effective immeaiately, but
which shall be subject to review by appeal in the same manner as set forth in
Section 11 -6.4 hereinabove.
Section 11 -7. Amplified 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 10
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 95 decibels (DBA) at a point
50 ft. in front of the center 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 facility shall be as 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 11 -7(b) hereof and relates to
reservation permits, and may impose reasonable conditions on any such permit, and
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 final and subject to review or appeal.
Article III
Supplemental Regulations and Enforcement
Section 11 -8. 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 same.
11 -9. Duties 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
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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 and be in full force and effect thirty
(30) days after the.date of 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 day of ,
19 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
CITY CLERK
50
MAYOR
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Parks and Recreation
CHAPTER 11.
PARKS AND RECREATION,
Article L In General.
§ 11 -1. Custody of park property.
§ 11 -2. Control over camping facilities,
§ 11 -3. Scope of regulations; appointment of special policemen.
§ 11 -4. Park areas designated as wild life sanctuaries; hunting, etc. , pro -
hibited.
§ 11 -5. Gambling prohibited.
§ 11 -6. Disorderly, etc. , conduct,
§ 11 -7. Consumption of alcoholic beverages.
§ 11 -8. Protect=ion of foli.age and structures in parks generally.
§ 11 -9. Disfigurement of park property.
§ 11 -10. Gathering of weeds and wood.
§ 11 -11. Firearms and weapons.
§ 11 -12. Dogs to be on leashes.
Article IL Fire Protection.
§ 11 -13. Fire prevention generally.
§ 11 -14. Limitations as to building of fires.
§ 11 -15. Removal of combustible materials from areas where fires are built.
§ 11 -16. Extinguishing of fires.
§ 11 -17. Possession of fireworks prohibited.
§ '11-18. Smoking permitted only in designated areas.
Article III. Sanitation.
§ 11 -19. Use of receptacles for rubbish, etc.
§ 11 -20. Washing of clothing or utensils.
§ 11 -21. Cleanliness of campsites.
§ 11 -22. Contamination of water prohibited.
Article IV. Roads and Trails.
§ 11 -23. Use generally.
§ 11 -24. Bridle paths.
§ 11 -25. Speed limits.
§ 11 -26. Erection of speed signs.
Article V. Permits.
§ 11 -27. Public demonstrations.
§ 11 -28. Excavations; removal or rock, stone, dirt, etc.
§ 11 -29. Vendin, distribution of circulars, etc.
§ 11 -30. Filming of motion pictures involving professional cast.
§ 11 -31. Fees.
I /
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131
Supp. 6 -71
Saratoga City Code § 11-6
Article I. In General.
Sec. 11 -1. Custod of park property.
The direct6r of public' -works shall have the custody of all park properties of
the s ion of the city councij.. (Ord. No. 4A, § 1. 1.
Sec. '11-2. over camping facilities.
To_maj.nf:;_n,,_a.-(,d the sanitation and orderly appearance of any city
park, the director of pub!t-r. works shall exercise control over the location, size,
facilities permitted in such area. (Ord. No. 4A,
Sec. 11-3. ,,.Scg_p _r'�:.'T:,,regulations; appointment of special
'-poli.c.e.men.
I - S , A
.-._T%-e.reo-u ataui) are intended to be applicable to all public parks,
iLYPx,,I',,Eror county parks, located within the city limits. Em-
--whether the sarr.-,--L,-,, 04 1
pIoyeB_--x-.`.'J;_J)e -tated as the officers in charge assigned to the care and regula-
tion of any property or p-re-mises belonging to the city when used as a public park shall
be appoj-nte.rl.spc,-,.; l..-I.-pi,7ty policemen. The department of public works shall have the
authority to request of f other employees of the parks as special deputy
policemen,,: f,_.rlPPrre,rl,necw'.asary. Employees of the county who are designated by the
..approp.ri.ate county body ,ce official as officers in charge assigned to the care and
regulation of any properf.-Y-or premises in the city being used as a public park under
the jurisdiction of the -cumity, are hereby designated and appointed special deputy
policemen for the purpose-of enforcing any and all of the provisions 'of this chapter
within the confines of such county park. (Ord. No. 4A, § 1. 1; Ord. No. 38. 30, § 1.)
Sec. designated as wild life sanctuaries;
_tj n g etc. , prohibited.
All .park areas of the--city are declared to be sanctuaries for wild life of every
,zart, and all hunting, RJA4,,:`,.,`- frightening or capturing of any wild bird
or animals, when necessary to prevent them from in-
flicting personal ihjury.;,.,i_.., 1 6hibited. (Ord. No. 4A, § 1. 1.)
Sec. 11-5. G a:m'U:YYh g prohibited.
No -.person -si-,all -,nnt ate in any game of chance or in gambling of any form
L , -1 A Z:>
1.
in any__pa._r_k .al ea;-7:, 4A, § 1. 1.
.Sec 11 -6 D -,i-s o _1y, etc conduct .
limits of any park, indulge in riotous, boisterous,
0
threatening or abusive, threatening, profane or indecent lan-
0 0
gua.ve. (Ord.
132
Supp. 6-71
§ 11 -7 Parks and Recreation § 11 -7
Sec. 11 -7. Consumption of alcoholic beverazes..
Alcoholic beverages may be consumed in park areas; provided, that unseemly
conduct shall be cause for ejection from the park by the officer in charge. (Ord.
No. 4A, § 1. 1. )
r
132.1
Supp. 6 -71
§ 11 -8 Parks and Recreation § 11 -13
Sec. 11 -8. Protection of foliage and structures in parks
generally.
No person shall pith flowers, foliage, berries or fruit or cut, break, dig up
or an any way mutilate or injure any tree, shrub, plant, fern, grass, turf, railing,
seat, building, fence, structure or any other object in any park area. (Ord. No.
4A, § 1. 1. )
• r
Sec. 11 -9. Disfigurement of park property.
No person shall cut, carve, paint, mark, paste or fasten any bill, advertise-
ment or inscribe on any tree, fence, wall, building or monument or any other ob-
ject within any park area. (Ord. No. 4A, § 1. 1. )
Sec. 11 -10. Gathering• of weeds and wood.
No weeds shall be cut or gathered in or around any camping site in any park
area; provided, that in wilderness areas hikers and campers may make limited
and necessary use of fallen wood. (Ord. No. 4A, § 1. 1. )
Sec. 11 -11. Firearms and weapons. 1
f
No person shall have firearms, air guns or bows and hunting arrows in his
possession in any city park. (Ord. No. 4A, § 1. 1. )
1. As to weapons generally, see § 10 -18
of this Code. -
Sec. 11 -12. Dogs to be on leashes. 2
No person having the control or care of any dog shall permit such animal to
enter or remain in any public park unless it is led by a leash not more than six
feet in length. (Ord. No. 4A, § 1. 1. )
2. As to dogs generally, see §§ 8 -16 to
8 -27 of this Code.
Article IL Fire Protection.3
3. As to fire protection generally, see ch.
6 of this Code.
Sec.". 11 -13. Fire prevention generally
It shall be the duty of every person to make the suppression and prevention of
fire their first consideration while using any park area; provided, that any wasteful
or negligent use of combustible materials shall be cause for the ejection of the user
thereof from the park premises. (Ord. No. 4A. § 1. 1.)
133
0 0
§ 11 -14 Saratoga City Code § 11 -21
Sec. 11 -14. Limitations as to building of fires.
No fire shall be built, lighted or maintained within any park area except in a
camp stove or fireplace provided in areas designated for such purposes; provided;
that oil or gas camp stoves may be used in such areas. (Ord. No. 4A, § 1. 1. )
Sec. 11 -15. Removal of combustible materials from areas
where fires* afe built.
All dead wood, moss, dry leaves or other combustible material which may have
gathered around any place set aside for the building of camp fires shall be removed n
so that the danger of any fire spreading shall be minimized. (Ord. No. 4A, § 1. 1.)
Sec. 11 -16. Extinguishing of fires.
When any fire is no longer needed, it shall be completely extinguished by thoroughly
wetting the combustible material and covering it with sand . or dirt. (Ord. No. 4A, §
Sec. 11 -17. Possession of fireworks prohibited.
The possession of fireworks of any description in any park area shall be un-
lawful. (Ord. No. 4A, § 1. 1. )
Sec. 11 -18. Smoking; permitted only in designated areas.
Smoking in public parks shall be permitted only in designated areas. (Ord.
No. 4A, § 1. 1. )
Article III. Sanitation.4
4. As to health and sanitation generally,
see ch. 8 of this Code.
Sec 11 -19. Use of receptacles for rubbish, etc.
No bottles, broken glass, ashes, wastepaper or other rubbish shall be left in D
any park area except in a receptacle designated for such purpose. (Ord. No. 4A,
§
Sec. 11 -20. Washing of clothing or utensils.
Except at places provided for such purpose, no person shall wash clothing
or cooking utensils in the waters of any park area. (Ord. No. 4A, § 1. 1. )
Sec. 11 -21. Cleanliness of campsites.
All campsites shall be kept clean and free from rubbish and litter of any kind
by the users thereof. Combustible rubbish shall be burned on camp fires, and all
134
§ 11 -22 Parks and Recreation § 11 -26
other garbage and refuse of any kind shall be placed in containers or pits provided
for that purpose. Such pits or containers shall be appropriately designated or as-
signed by the officer in charge of the park area. (Ord. No. 4A, § 1. 1.)
Sec. 11 -22. Contamination of water t)rohibited.
No person shall contaminate in any way whatsoever any water shed, water sup-
ply or any stream or well used for domestic or camping purposes within or without
any pars: area. (Ord. Nb. 4A, § 1. 1. )
Article IV. Roads and Trails.
Sec. 11 -23. Use generally.
Riders and hikers shall be limited in the use of all park premises to the pre-
pared trails and camp areas. Within the limits of any park, no person shall ride
or drive any horse or other animal or propel any vehicle, cycle or automobile
other than on the roads or drives provided for such purpose. (Ord. No. 4A, §
Sec. 11 -24. Bridle paths.
No person shall drive or ride a saddle horse on any road other than a road
posted as a bridle path; provided, that roads not designated as bridle paths may
be crossed at appropriate crossings designated and posted for such purpose. With-
in the limits of any parl,, no person shall ride or drive any horse or animal not
well broken and not under the perfect control of the driver thereof. No person
shall drive a vehicle or bicycle on any path designated or posted as a "bridle path"
or "trail ". (Ord. No. 4A, § 1. 1. )
Sec. 11 -25. Speed limits. 5
No person shall drive any vehicle in any public park at a speed greater than
is reasonable or prudent, having due regard for the traffic on and the surface and
width of the roadway. NTo person shall drive a vehicle in any public park at a speed
in excess of twenty miles per hour. (Ord. No. 4A, § L. 1.)
5. As to speed regulations generally, see
§§ 9 -48 to 9 -51 of this Code.
Sec. 11 -26. Erection of speed sins
The director of public works sliall erect and maintain signposts indicating the
speed limits established for any park at the entrance to such park and along such
roadways or streets as ,shall be constructed therein. He shall also erect and main-
tain appropriate signposts at other places along the roadways -or streets within any
park'. (Ord. No. 4A, § 1. 1. )
135
§ 11 -27 Saratoga City Code § 11 -31
.�
Article V. Permits.
Sec.. 11 -27. Public demonstrations.
No person shall engage in any oration, harangue or other public demonstra-
tion in any public park without first receiving a special permit therefor from the
director.of public works, which shall stage the manner, time and place in which
such person may deliver such address. (Ord. No. 4A, § 1. 1. )
Sec. 11 -28. Excavations; removal of rock, stone, dirt, etc.
No person shall dig up or remove any dirt, stone, rock or other substance or
make any excavation or quarry any stone or cause or assist in or set off any ex-
plosive materials within any part: area without first obtaining a permit from the
director of public works. (Ord. No. 4A, § 1. 1. )
Sec. 11 -29. Vending, distrib'uti.on of circulars, etc.
No person shall engage in the business of soliciting, selling or peddling any
liquids or edibles for human or animal consumption or distribute circulars or
hawk, ' peddle or vend any goods, wares or merchandise of any kind without a
special permit therefor secured from the director of public works. (Ord. No.
4A, § 1. 1. )
Sec. 11 -30. Filming of m_ otion pictures involving profes-
sional cast.
Park areas shall not be used for the filming of motion pictures involving the
performance of a professional cast without a special permit therefor, to be ob-
tained from the director of public works. (Ord. No. 4A, § 1. 1. )
Sec. 11 -31. Fees.
All permits issued under the authority of this article, shall bear a charge set
by the city council. (Ord. No. 4A, § 1. 1.)
J
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