The following words used in this chapter shall be construed
as defined in this section unless from the context a different meaning
is specifically defined and more particularly directed to the use
of such words. When not inconsistent with the context, words used
in the present tense include the future, and words in the plural number
include the singular number, and words in the singular number include
the plural number.
“City”
means the city of South San Francisco.
“Director”
means the director of parks and recreation.
“Park”
means a park, reservation, playground, swimming pool, recreation
center, harbor, common green or any other area in the city, owned
or used by the city and devoted to active or passive recreation.
“Person”
means any person, firm, partnership, association, corporation,
company or organization of any kind.
“Picnic area”
means an area where picnic facilities such as tables, benches,
stoves, water, toilets and containers for garbage and refuse are located.
Those areas in the city parks which are picnic areas are shown on
Exhibits A through C, attached to Ordinance 880, codified in this
section, and incorporated herein by reference, and on file in the
office of the city clerk and with the parks and recreation department.
“Vehicle”
means any wheeled conveyance, whether motorpowered, animal
drawn, or self-propelled. The term includes any trailer in tow of
any size, kind or description, except baby carriages and vehicles
in the service of city parks.
(Ord. 675 § 2, 1974; Ord. 880 §§ 1, 2, 1981)
No person in a park shall:
A. Wilfully
mark, deface, disfigure, injure, tamper with, or displace or remove
any building, bridges, tables, benches, fireplaces, railings, paving
or paving material, water lines or other public utilities or parts
or appurtenances thereof, signs, notices or placards whether temporary
or permanent, monuments, stakes, posts or other boundary markers,
or other structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal;
B. Litter,
soil or defile restrooms. No person over the age of eight years shall
use restrooms and washrooms designated for the opposite sex;
C. Dig,
or remove any beach sand, whether submerged or not, or any soil, rock,
stones, trees, shrubs or plants; down timber or other wood or materials;
or make any excavation by tool, equipment, blasting, or other means
or agency;
D. Construct
or erect any building or structure of whatever kind whether permanent
or temporary in character, or run or string any public service utility
into, upon or across such lands, except on special written permit
issued hereunder;
E. Go
upon any lawn or grass plot, where prohibited by the superintendent
of parks and landscape, and where such prohibition is indicated by
legible signs;
F. Erect
or maintain any overhead wires through any park, without prior written
permission;
G. Damage,
cut, carve, transplant or remove any tree or plant or injure the bark,
or pick the flowers or seeds, of any tree or plant. Nor shall any
person attach any rope, wire or other contrivance to any tree or plant.
A person shall not dig in or otherwise disturb grass areas, or in
any other way injure or impair the natural beauty or usefulness of
any area;
H. Climb
any tree or walk, stand or sit upon monuments, vases, fountains, railings,
or fences, or upon any other property not designated or customarily
used for such purposes;
I. Hunt,
molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles
at any animal, reptile or bird; nor shall he remove or have in his
or her possession the young of any wild animal, or the eggs or nest,
or young of any reptile or bird. Exception to the foregoing is made
in that snakes known to be deadly poisonous, such as rattlesnakes
or other deadly reptiles, may be killed on sight;
J. Give
or offer or attempt to give to any animal or bird any tobacco, alcohol
or other known noxious substances.
(Ord. 675 § 3, 1974; 1981; Ord. 880 §§ 3,
4)
No person in a park shall:
A. Throw,
discharge or otherwise place or cause to be placed in the waters of
any fountain, pond, lake, stream, bay or other body of water in or
adjacent to any park or any tributary, stream, storm sewer or drain
flowing into such waters, any substance, matter or thing, liquid or
solid, which will or may result in the pollution of said waters;
B. Bring
into, dump, deposit, leave or place any bottles, broken glass, ashes,
paper, boxes, cans, refuse or trash in any waters in or contiguous
to any park, or leave same anywhere on the grounds of a park, except
when placed in the receptacles provided therefor, and if no receptacle
is so provided, all such rubbish or waste shall be carried away from
the park by the person responsible for its presence and properly disposed
of at the South San Francisco scavenger disposal facility or other
approved dump.
(Ord. 675 § 4, 1974)
No person in a park shall:
A. Fail
to comply with any applicable provisions of the
Vehicle Code of the
state of California in regard to equipment and operation of vehicles
together with such regulations as are contained in this chapter and
ordinances of the city regulating traffic;
B. Fail
to obey all traffic officers and park employees who are hereafter
authorized and instructed to direct traffic whenever and wherever
needed in the parks in accordance with the provisions of these regulations
and such supplementary regulations as may be issued subsequently by
the director;
C. Drive
any vehicle on any area except the paved park roads or parking areas,
or such other areas as may on occasion be specifically designated
as temporary parking areas by the director;
D. Park
a vehicle in other than an established or designated parking area,
and such use shall be in accordance with the posted directions thereat
and with the instructions of any attendant who may be present;
E. Ride
a bicycle on other than a paved vehicular road or path designated
for that purpose. A bicyclist shall be permitted to wheel or push
a bicycle by hand over any grassy area or wooded trail or on any paved
area reserved for pedestrian use;
F. Ride
a bicycle other than on the right hand side of the road paving as
close as conditions permit, and bicycles shall be kept in single file
when two or more are operating as a group. Bicyclists shall at all
times operate their machines with reasonable regard to the safety
of others, signal all turns, pass to the left of any vehicle they
are overtaking and pass to the right of any vehicles they may be meeting;
G. Ride
any other person on a bicycle, unless the bicycle is equipped for
more than one person;
H. Leave
a bicycle in a place other than a bicycle rack when such is provided
and there is a space available;
I. Leave
a bicycle lying on the ground or paving, or set against trees, or
in any place or position where other persons may trip over or be injured
by them.
(Ord. 675 § 5, 1974)
No person in a park shall swim, bathe, wade in, or pollute the
water of any fountain, pond, lake or stream, except that wading and
swimming shall be permitted in pools provided for these purposes.
(Ord. 675 § 6, 1974)
No person in a park shall:
A. Picnic
or lunch in places other than those designated for such purpose;
B. Fail
to comply with regulations or instructions of the director or park
attendant regarding use of or conduct of activities in picnic areas;
C. Use
any portion of the picnic areas, designated group areas, group picnic
areas or similar designations, or any of the buildings or structures
therein, for the purposes of holding picnics to the exclusion of other
persons, unless a permit is obtained from the director, except that
picnic areas designated individual picnic areas or similar designations,
and the fireplaces, tables and benches located therein, may be used
on the basis of “first come, first served”;
D. Leave
a picnic area before a fire started or used by the person is completely
extinguished and before all of the person’s trash in the nature
of boxes, papers, cans, bottles, garbage and other refuse is placed
in the disposal receptacles where provided. If no such trash receptacles
are available, then refuse and trash shall be carried away from the
park area by the picnicker to be properly disposed of at the South
San Francisco scavengers’ facility or other approved dump.
(Ord. 675 § 7, 1974)
No person shall possess or consume alcoholic beverages in any
city park, except:
A. Beer
or light wine having alcoholic content not to exceed twelve percent
may be possessed and consumed the same, provided:
1. The
beer or light wine is for use and consumption as part of a picnic
activity in a picnic area as defined in Section 10.36.010G;
2. The
use and consumption are conducted in an orderly manner; and
3. The
person possessing such beer or light wine proceeds directly to and
directly from such designated areas.
The consumption of any alcoholic beverage, including beer and
wine, and the possession of any can, bottle or other receptacle containing
any alcoholic beverage which has been opened, or a seal broken, or
the contents of which have been partially removed is specifically
prohibited in Paradise Valley, Brentwood and Clay Avenue Parks, and
any area such as tot lots and playgrounds where children are frequently
present. In addition, the consumption of any alcoholic beverage, including
beer and wine, is specifically prohibited in all parking lots in or
servicing city parks.
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B. The
dispensing of all types of alcoholic beverages by a licensee under
a food and bar concession from the city or the consumption of such
beverage on the premises of such concessionaire is permitted. Application
for such food and bar concession shall be made to the parks and recreation
commission.
(Ord. 675 §§ 8.1,
8.2, 1974; Ord. 880 §5, 1981)
No person shall bring into a park or have in his possession,
or set off or otherwise cause to explode or discharge or burn, any
firecrackers, torpedo, rocket, or other fireworks or explosives of
inflammable material, or discharge them or throw them into any such
area from land or highway adjacent thereto.
(Ord. 675 § 8.3, 1974)
No person having the control or care of any dog shall suffer
or permit such dog to enter into or remain in a park unless it is
led by leash of suitable strength not more than six feet in length;
and the owner and the attendant shall be responsible for any damage
caused, in any event, by such dog, even if on a leash.
(Ord. 675 § 8.4, 1974)
Notwithstanding Section
10.36.090, no dog, whether leashed or unleashed, shall be permitted within a city park on any day on which the park is host to a special event permitted under Section
10.36.210, unless the terms of the permit issued expressly allow for the presence of dogs, This prohibition shall not apply to any service animals, guide dogs, or Seeing-Eye dogs used by a visually or mobility-impaired park visitor.
(Ord. 1358 § 1, 2005)
Any person violating Section
10.36.095 of this code shall be guilty of a misdemeanor and upon conviction; such person shall be punished as set forth in Chapter
1.24 of this code.
(Ord. 1358 § 1, 2005)
In addition to the penalty provided for by Section
10.36.096, any dog in a city park in violation of Section
10.36.095 of this code shall be subject to impoundment under the procedures provided for in Sections
9.04.140 through
9.04.210 of this code if its owner refuses a police directive to remove the animal from the event.
(Ord. 1358 § 1, 2005)
No person shall lead, ride, drive or let loose any cattle, horse,
mule, goat, sheep, swine, dog or fowl of any kind; provided that this
shall not apply to dogs when led by a cord or chain, not more than
six feet long.
(Ord. 675 § 8.5, 1974)
No person shall sell, or offer for sale, any merchandise, article
or thing, whatsoever, without prior written permission.
(Ord. 675 § 8.6, 1974)
No person shall make or kindle a fire for any purpose, except
at places provided for such purpose, unless prior special permission
be obtained therefor.
(Ord. 675 § 8.7, 1974)
No person shall enter an area posted as “Closed to the
Public,” nor shall any person use, or abet the use of, any area
in violation of posted notices.
(Ord. 675 § 8.8, 1974)
No person shall play or bet at or against any game which is
played, conducted, dealt or carried on for money, chips, shell, credit
or any other representative of value, or maintain or exhibit any gambling
table or other instrument of gambling or gaming, or play any game
prohibited by any statute of the state or ordinance of the city.
(Ord. 675 § 8.9, 1974)
No person shall sleep or protractedly lounge on the seats, or
benches, or other areas, or engage in loud, boisterous, threatening,
abusive, insulting or indecent language, or engage in any disorderly
conduct or behavior tending to a breach of the public peace.
(Ord. 675 § 8.10, 1974)
No person shall use, operate or cause to be operated any system for amplifying sound, whether for speech, music or otherwise. As used herein and in Sections
10.36.220 and
10.36.230, “system for amplifying sound” means any device which projects or transmits sound by means of electronics. Provided, however, that systems for amplifying sound, when their total output is limited to twenty-five watts or less (whether single or multiple channeled amplification is involved), may be used or operated in a park in conjunction with and if authorized by an exclusive use permit issued by the director, and subject to such reasonable conditions as the director may impose.
(Ord. 675 § 8.11, 1974)
No person in a park shall sell or offer for sale any food, beverages,
novelties, souvenirs or other things, or station or place any stand,
cart, or vehicle for the transportation, sale or display of any food,
beverages, novelties, souvenirs or things in a park without an activity
concession permit issued therefor by the director.
(Ord. 675 § 9.1, 1974; Ord. 762 § 1, 1978)
A. An
activity concession permit may be issued by the director to a nonprofit
organization proposing to or conducting a nonprofit program in a park
when the sale of food, beverages, novelties, souvenirs or other thing
is reasonably related to the program, serves the convenience of the
participants and those in attendance and does not create a public
nuisance.
B. The
activity concession permit shall be issued to the sponsoring organization
and its principal representative. The sponsoring organization shall
file with the director an application accompanied by a nonrefundable
processing fee, as set forth in the master fee schedule of the city,
adopted by resolution of the city council, and said application shall
be signed by its principal representative, on a form prepared and
issued by the director. The director may grant or deny the permit
within ten days after it is so filed.
C. The
applicant may appeal a denial by filing a written notice of appeal
with the parks and recreation commission within five days of receipt
of the notice of denial from the director. The commission may affirm,
modify, or disapprove the director’s denial of the permit.
(Ord. 675 § 9.2, 1974; Ord. 762 § 1, 1978; Ord. 912 § 14, 1982)
The director shall establish reasonable regulations for the
issuance of an activity concession permit and operations pursuant
thereto based on the following standards and the peace, comfort, and
general welfare of the city:
A. Nonprofit
Activity. The director shall determine that the organization, its
program schedule in the park, and the related activity of operating
pursuant to the activity concession permit is for nonprofit purposes.
B. Term.
The director shall establish a term for the activity concession permit
which is reasonably related to the time during which the sponsoring
organization’s program is to be conducted, which term shall
not exceed six months.
C. Public
Use and Nuisance. The director shall establish standards for operations
pursuant to the activity concession permit which will not unreasonably
deprive the public of the use of the area or cause a public nuisance
to be created.
D. Hours
of Operation. The director may specify reasonable hours of operations
for the welfare of members of the public using the park, and the peace,
comfort and general welfare of residents near the park areas.
E. Site.
The director may designate the location of the concession activity
and specify the square foot-age to be used for said purpose and any
equipment facilities used for said purpose.
F. Health
Laws. The director shall require that the concessionaires comply with
state, county and city health regulations.
G. Alcoholic
Beverages. The director shall not permit sale or distribution of alcoholic
beverages by the concessionaire permittee.
H. Indemnity
and Insurance. The permit shall contain a provision indemnifying the
city and its elective and appointive officers and employees harmless
and shall require the filing and maintenance of a public liability
and property damage insurance policy in limits not less than the following:
1. Property
damage, twenty-five thousand dollars;
2. Personal
injury or death, one hundred thousand dollars per person;
3. Personal
injury or death, three hundred thousand dollars per occurrence.
I. Fee.
The director shall establish a reasonable schedule of fees and submit
the same to the city council for confirmation.
J. Other
Permits. The permittee shall be required to obtain and furnish any
other licenses or permits required by the city or other jurisdictions.
K. Not a Vested Right. The permit shall be revocable and also subject to modification or suspension, which actions are subject to appeal in the same manner as set forth in Section
10.36.172, and no vested right shall accrue therein nor shall permittee, by reason of having a permit issued, be entitled to a succession of permits by reason thereof.
L. Cleanup
Deposit. The director shall establish a reasonable cleanup deposit
to secure removal from the park of any equipment, supplies or like
material used in conducting the concession activity, or any trash
or debris thrown, deposited or left in the park by permittees, participants
or those in attendance at the permittee’s program.
(Ord. 675 § 9.3, 1974; Ord. 762 § 1, 1978)
No person in a park shall paste, glue, tag, or otherwise post
any sign, placard, advertisement or inscription or erect any sign
in any park except a reasonable direction sign related to the activity
concession permit site.
(Ord. 6.75 § 9.4, 1974; Ord. 762 § 1, 1978; Ord. 1529 § 2, 2017)
No person shall remain, stay or loiter in any public park, with
the exception of the harbor and common greens, between the hours of
nine p.m. and six a.m. of the following day without approval from
the director.
(Ord. 675 § 10, 1974)
Any section or part of the park may be declared closed to the
public by the director at any time and for any interval of time, either
temporarily or at regular and stated intervals (daily or otherwise)
and either entirely or merely to certain uses, as the director finds
reasonably necessary.
(Ord. 675 § 11, 1974)
The finding of lost articles by park attendants shall be reported
to the director who shall make every reasonable effort to find articles
reported as lost.
(Ord. 675 § 12, 1974)
A permit shall be obtained from the director for exclusive use
of any park facility or area.
(Ord. 675 § 13.1, 1974)
A person seeking issuance of a permit hereunder shall file an
application with the director. The application shall be accompanied
by a nonrefundable processing fee as set forth in the master fee schedule
of the city, adopted by resolution of the city council, and shall
state:
A. The
name and address of the applicant;
B. The
name and address of the person, persons, corporation or association
sponsoring the activity, if any;
C. The
day and hours for which the permit is desired;
D. The
park or portion thereof for which such permission is desired;
E. An
estimate of anticipated attendance;
F. Any
other information which the director finds reasonably necessary to
a fair determination as to whether a permit should issue hereunder;
G. Whether
or not system for amplifying sound is proposed to be used, and the
purpose or purposes for which it shall be used.
(Ord. 675 § 13.2, 1974; Ord. 912 § 15, 1982)
The director shall issue a permit hereunder when he finds:
A. The
proposed activity and use will not unreasonably interfere with or
detract from the general public enjoyment of the park;
B. The
proposed activity and use will not unreasonably interfere with or
detract from the promotion of public health, welfare, safety and recreation;
C. The
proposed activity or use is not anticipated to incite violence, crime
or disorderly conduct;
D. The
proposed activity will not entail unusual, extraordinary or burdensome
expense or police operation by the city;
E. The
facilities desired have not been reserved for other use at the day
and hour required in the application;
F. If
a system for amplifying sound is to be used, the use thereof will
not unreasonably interfere with or detract from the general public
enjoyment of the park.
(Ord. 675 § 13.3, 1974)
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in the permits.
(Ord. 675 § 13.4, 1974)
The person or persons to whom a permit is issued shall be liable
for any loss, damage or injury sustained by any person whatever by
reason of the negligence of the person or persons to whom such permit
has been issued.
(Ord. 675 § 13.5, 1974)
The director shall have the authority to revoke a permit upon
a finding of violation of any rule or ordinance, or upon good cause
shown.
(Ord. 675 § 13.6, 1974)
The director and all park attendants shall enforce the provisions
of this chapter.
(Ord. 675 § 14, 1974)
Any person violating any of the provisions of this chapter shall
be deemed guilty of an infraction and, upon conviction, such person
shall be punished as provided in Section 36900 of the
Government Code.
(Ord. 675 § 15, 1974; Ord. 762 § 1, 1978; Ord. 880 § 6, 1981)