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Home My WebLink AboutOrdinance 202 ORDINANCE 202 AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PARKS AND RECREATION THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The City of Saratoga has witnessed an increased demand for areas for organized, recreational sporting events such as soccer and baseball. In an effort to address this demand, the City has worked to make City parks available for recreational sporting events. B. Because of the increased use of City parks for recreational sporting events, the City has identified a risk that baseballs, soccer balls, and other obj ects could be thrown, kicked, or hit into nearby roadways, potentially causing serious injury or damage. City parks are designed to avoid this risk during sporting events and other appropriate recreational activities. For example, the City has installed protective netting at Congress Springs Park to prevent balls from being thrown or hit into California State Highway 85, adjacent to the park. However, if parks are used improperly, there is a risk of injury or damage to people and property using nearby roadways. Additional protection would be provided to people and property at Congress Springs Park and at other City parks by prohibiting anyone from throwing, kicking, or hitting balls, rocks, or other objects from parks into nearby roadways in a manner that could cause injury or damage. C. To promote the use of City parks for recreational sporting events, the Director of Parks has previously issued season-long group use permits to soccer leagues and baseball leagues, pursuant to Section 11-10.010 of the Saratoga City Code. An amendment to Section 11-10.010 would clarify that the Director has the authority to make a group use permit effective for multiple times, multiple days, and multiple locations. D. In order to protect people and vehicles that walk or drive near parks from damage or injury caused by errant balls and other objects, Section 2.1 of this ordinance amends Section 11-05.030 of the Saratoga City Code to prohibit anyone from throwing, kicking, or hitting any ball, rock, or other object from a park into a public road, parking area, or pathway. Page 1 of5 Ordinance No. 202 E. In order to ensure that the use of City parks for recreational sporting events is fairly and properly controlled and allocated, Section 2.2 of this ordinance amends Section 11- 05.050(a) of the Saratoga City Code to clarify that Section 11-05.050 applies to the use or occupation of any park or area thereof by any publicly advertised assemblage, regardless ofthe number of persons assembling, and to the use or occupation of any park or area thereofby any group of persons twenty-five or more in number, regardless of whether the group's use or occupation is publicly advertised. F. In order to clarify the Director of Parks' authority regarding group use pennits, Section 2.3 of this ordinance amends Section 11-10.010 of the Saratoga City Code to clarify that the Director of Parks may issue any group use pennit for multiple times, multiple days, and multiple locations. G. In order to facilitate the processing and coordination of applications for season-long group use pennits for recreational sports leagues, Section 2.4 of this ordinance amends Section 11-10.020 ofthe Saratoga City Code to provide that the City Council may authorize an application for a group use pennit to be filed more than ninety days in advance of the proposed use, and Section 2.5 ofthis ordinance amends Section 11-10.050 of the Saratoga City Code to provide that the City Council may revoke a group use pennit at any time. Section 2.1. Protection of Persons and Vehicles Near Parks. Section 11-05.030 of the Saratoga City Code regarding activities prohibited in parks is hereby amended by redesignating the existing subsection (P) as subsection (q) and by inserting a new subsection (P), to read as set forth below: (p) Tbrow, kick, or hit any ball, rock, or other object into any public driveway, roadway, highway, parking area, sidewalk, bicycle path, or trail inside or outside the park in such a manner that the ball, rock, or other object could cause injury to any person or cause damage to any vehicle or other property. Section 2.2. Clarification of Acts Prohibited Except with Special Pennit. Section 11-05.050(a) of the Saratoga City Code regarding acts prohibited in parks without a pennit is hereby amended, to read as set forth below: (a) The use or occupation of any park or area thereof by any publicly advertised assemblage or by any group of persons twenty-five or more in number. Page 2 of5 Ordinance No. 202 Section 2.3. Group Use Pennits. Section 11-10.010 ofthe Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in bold, double-underlined font (examnle); text deleted by this ordinance is indicated in strikeout font (eJ{8f!!j:Jle). Text in standard font is unchanged by this ordinance. 11-10.010 Group use permit. Certain predesignated areas of City parks may be made available for the temporary CJœll:lsive use of groups of persons upon the issuance of a rC3crvation !!roun use pennit therefor by the Director in accord with the following provisions: (a) Each group must consist often 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 group shall in no event exceed in number seventy-five percent ofthe 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 the authority to limit the size of the group to a number less than such percentage of capacity in conditioning such pennit. (c) Each permit shall specify (1) the parkes) and area(s)ofthepark(s) to which the permit applies; (2) the day(s) and hour(s) for which the permit is issu_ed,-over a period_llot to exceed one year;JJ) whether the nermit is for exclusive or non- exclusive use; and(4) anyotheLcoRditions imnosed bv the Director. No group use pennit shall be issued to the same or substantially the same group of persons more often than once every ninety days. Section 2.4. Time for Filing Group Use Pennit Applications. The introductory clause of Section ll-10.020(a) of the Saratoga City Code regarding group use pennits is hereby amended, as shown below. Text inserted by this ordinance is indicated in bold, double-underlined font (examnle); text deleted by this ordinance is indicated in strikeout font (cxaffl'Jle). Text in standard font is unchanged by this ordinance. Paragraphs (1) through (7) of Section l1-1O.020(a) of the Saratoga City Code are not amended by this ordinance. (a) Application for a group use pennit shall be in writing on fonns fumished by the City, and be filed with the Director no less than twenty nor more than ninety days prior to the date of the proposed use, unless the City Council authorizes an earlier filingLand shall contain the following infonnation: Page 3 of5 Ordinance No. 202 Section 2.5. Revocation of Group Use Pennits by the City CounciL Section 11-10.050 of the Saratoga City Code regarding group use pennit revocation is hereby amended as shown below. Text inserted by this ordinance is indicated in bold, double- underlined font (examDle ); text deleted by this ordinance is indicated in strikeout font (cxample ). Text in standard font is unchanged by this ordinance. 11-10.050 Revocation of permit. Any pennit issued under the provisions of this Article shall be subject to revocation ~by the Director upon a finding of any violation of any ofthe provisions of this Chapter,~ any other provisions ofthis Code, or any ofthe conditions of such pennit;-ffi:!clt or em bv the City Council at any time. Such revocation shall be effective immediately, but whieh in the case of a revocation by the Director, shall be subject to review by appeal to the City Council in accordance with the procedure set forth in Section 2-05.030 ofthis Code. Section 3. Severance Clause. Each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase ofthis ordinance is severable and independent of every other section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. The City Clerk shall cause this ordinance or a summary thereof to be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Page 4 of5 Ordinance No. 202 The foregoing ordinance was introduced and read at the regular meeting of the City Council ofthe City of Saratoga held on the 19th day of December, 2001, and was adopted by the following vote following a second reading on the 16th day ofJanuary, 2002: AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: None N~ MAYOR, CITY OF SARATOGA, CALIFORNIA A'fTEST: ,'-, (\ " ,/"jr ~ \ tttfìt[[~f\ - \ ~Jj èH'Y CLERK ~~ APPROVED AS TO FORM: ,.~.,_._--,..._,.,.-..----.- "- CITY ATTORNEY Page 5 of5 Ordinance No. 202