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.
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)
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 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 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)
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)