HomeMy WebLinkAbout6.3 Regulate Use of Parks/Recreation Areas CITY OF DUBLIN 1210 J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 8 , 1988
PUBLIC HEARING
SUBJECT Ordinance Establishing Rules and
Regulations Governing Use of Parks and
Recreation Areas
EXHIBITS ATTACHED Draft Ordinance
RECOMMENDATION 1 . Conduct Public Hearing
2 . Deliberate
3 . Waive Reading
' 4 . Adopt Ordinance on an Urgency Basis
FINANCIAL STATEMENT None
DESCRIPTION In January of 1988, the City of Dublin
completed construction on the first city-owned park, Stagecoach
Park. On July 1 , 1988 the City assumed title to those park,
recreational and aquatic facilities that were previously under
the jurisdiction of the Dublin San Ramon Services District.
Additionally the City has three other parks in various stages of
construction. Consequently staff has identified the necessity to
have an ordinance which governs the use of these facilities.
Staff has prepared a draft ordinance which establishes rules and
regulations governing the use of parks and recreation areas and
facilities (Exhibit Attached ) . The ordinance is patterned after
similar ordinances in other bay area cities. The ordinance
establishes park hours , outlines those activities in parks and
facilities which are prohibited and sets penalties for violating
the provisions outlined in the ordinance. The ordinance has been
designed as an urgency ordinance based on the immediate need for
enforcement power in recently completed and acquired park and
recreational facilities.
Therefore it is the recommendation of staff that the City Council
take the following action:
1 . Conduct Public Hearing
2 . Deliberate
3 . Waive Reading
4 . Adopt Ordinance on an Urgency Basis
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ITEM NO. * Copies to: Park and Recreation Commission
ORDINANCE NO. - 88
AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING
RULES AND REGULATIONS GOVERNING USE OF
PARKS AND RECREATION AREAS AND FACILITIES
AND DECLARING THIS ORDINANCE TO BE AN
URGENCY ORDINANCE EFFECTIVE IMMEDIATELY
The City Council of the City of Dublin does ordain as follows:
Section 1 . , PURPOSE: The purpose of this chapter is to
regulate the use of parks and recreation areas and facilities of
the City for. the optimum use and enjoyment of the residents of
Dublin; to establish standards to prevent the misuse and
destruction of the facilities ; to establish regulations to
promote the safety and comfort of users of the facilities as well
as persons residing or owning property in the vicinity of the
facilities.
Section 2 . DEFINITIONS: For the purpose of this
chapter the following terms, phrases , words, abbreviations and
their derivations shall have the meaning given herein:
(a ) "City" shall mean the City of Dublin.
(b) "Director" shall mean the City Manager or his
authorized representative.
(c) "Park" shall mean and include all grounds, buildings,
improvements and areas dedicated for use by the public
for park, recreation or open space purposes , and any
part, portion or area thereof , whether developed or
undeveloped or over which the City has acquired right
of use for such purposes.
(d) "Person" shall mean any person, firm, partnership,
association, corporation, company, or organization of
any kind.
(e) "Vehicle" shall mean any wheeled conveyance, whether
motor powered, animal-drawn, or self-propelled.
The term shall include any trailer in tow of any size,
kind or description. Exception is made for baby
carriages, strollers, wheelchairs and vehicles in the
service of the City of Dublin.
Section 3 . COMPLIANCE WITH RULES REQUIRED: Any person
entering, being or remaining in or upon any park of the City
shall comply with the provisions of this chapter and all other
related provisions of this code.
Section 4 . EMERGENCY CLOSURES: The Director shall have
the authority to close any park or portion thereof and require
the exit of all persons therein when it is determined that
conditions exist in said facility or portion thereof which
present a hazard to the facility or to public safety.
Section 5 . SCHEDULING: The Director shall have
authority to schedule and regulate the time, place and manner of
recreational , maintenance and/or construction activities in or
upon any park, in order to prevent congestion and to secure the
maximum use thereof for the comfort and convenience of all..
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Section 6 . PERMIT FOR TEMPORARY EXCLUSIVE USE MAY BE
ISSUED: Park and recreation facilities designated by the
Director shall be made available for the temporary exclusive use
of persons subject to the issuance of a permit by the Director
and subject to any reasonable conditions relating to the use
thereof and/or the payment of any reasonable fees therefor as may
be hereafter adopted by the City.
Section 7 . EFFECT OF PERMIT: A permittee shall comply
with all park rules and regulations, and all applicable
ordinances and laws . A permittee shall be liable to the City for
any and all damage to parks owned by the City which results from
the activity of the permittee. No permit for temporary exclusive
use of any park shall be transferred without the consent in
writing of the Director.
Section 8. INSURANCE MAY BE REQUIRED: The Director
may require a permittee to provide public liability and property
damage insurance and indemnification provisions as may be
appropriate to protect the park and the public using such areas
and facilities .
Section 9. MERCHANDISING, ADVERTISING AND SIGNS,
PROHIBITED ACTS: Unless expressly authorized by the Director,
no person, while in any park shall :
(a) Expose or offer for sale any article or thing; nor
shall he station or place any stand, cart, or vehicle
for the transportation, sale or display of any such
article or thing, except any regularly licensed
concessionaire acting by and under the authority and
regulation of the Director;
(b) Announce, advertise or call the public attention in any
way to any article or service for sale or hire;
(c) Paste, glue, tack or otherwise post any sign, placard,
advertisement, or inscription whatever, nor shall any
person erect or cause to be erected any sign whatever
in any park.
Section 10 . HOURS: All parks and recreation areas and
facilities therein, including parking lots serving said areas,
shall be closed to the public one hour after sunset and shall
remain closed until sunrise the following day with the following
exceptions :
(a) The parking lots serving the immediate area of any park
or park building may remain open during the time said
building is being used and for one hour after the
closing thereof.
(b) Such areas may remain open during any recreation
program conducted or authorized by the department and
for one hour after the completion thereof .
(c) Lighted fields and courts will be closed as posted.
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Section 11. ACTIVITIES IN PARKS; PROHIBITED ACTS :
Unless expressly authorized y the Director, no person, while in
any park shall :
(a) Practice, play, or in any way engage in the art of
archery.
(b) Play or engage in active sports or games except on
areas suitable and set apart for such use, and with
suitable equipment and performed in a manner as to
provide for reasonable protection to both individuals
and property.
(c) Operate powered or line-attached model crafts of any
kind or description except in areas provided for such
specific activities.
(d) Camp, lodge , or remain overnight .
(e) Bring, land, or cause to descend any airplane, balloon,
parachute, or other apparatus used for aviation
purposes .
( f) Play, practice or in any way engage in the game of golf
except in areas provided for such specific purposes .
(g) Swim, bathe, or wade in any fountain, pond, lake or
stream, except in pools provided for such purposes.
(h) Picnic or lunch in a place other than that provided for
such purpose.
( i) Use tennis courts unless wearing soft rubber soled
shoes .
( j ) Give , present or engage in any exhibition, show, play,
performance , dance or concert for money, checks , credit
or representative of value which is redeemable in
money.
(k) Use electrical amplifying equipment. Authorized use
shall be subject to the following conditions : The
number of loudspeakers , their location, direction,
power out-put and the hours during which they may be
used, shall be subject to written approval of the
Director.
( 1) Use any restroom, washroom or dressing facility not
provided for his/her sex, other than a child under the
age of six years accompanied by a parent.
(m) Fire , possess , or discharge any firecracker, torpedo,
or similar fireworks. Authorization by the Director
shall not relieve any person so authorized from
complying with all applicable ordinances and laws and
securing all necessary permits otherwise required.
Section 12. INJURY OR MISUSE OF PARK; PROHIBITED ACTS:
No person Tile in the par s a
(a) Possess , use, dump, deposit , place or leave any glass
containers including bottles , and broken glass .
(b) Dump, deposit , place or leave any ashes , paper, boxes ,
cans , dirt , rubbish, waste, garbage, dead animals ,
refuse, or other trash except in the proper receptacles
where these are provided; where receptacles are not
provided, all such rubbish or waste shall be carried
away from the park by the person responsible for its
presence.
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Section 12. (CONTINUED)
(c) Throw, discharge or otherwise deposit or cause or
permit to be placed into the waters of any fountain,
pond, lake, stream, storm sewer, sanitary sewer or
drain flowing into such waters , any substance, matter
or thing, liquid, solid, or gas, which materially
impairs the usefulness of such water for persons or the
habitability of such water for any animal , bird, fish,
or reptile which drinks , swims in or otherwise uses
said water.
(d ) Cut, trim, prune, break, dig up, pluck, remove or take
away or in any manner injure any turf , tree, bush,
shrub, flower or plant.
(e) Destroy, deface, mark or write upon, paint upon, or
otherwise mar or injure any building or structure.
(f ) Make any campfire or bonfire or use barbecue equipment
in any place other than in areas provided for that
purpose.
(g ) Use or attempt to use or interfere with the use of any
table, space or facility within said park which at that
time is reserved for any other person or group, which
has received a permit from the Director therefor.
Section 13 . ANIMALS IN PARKS; PROHIBITED ACTS: Unless
expressly authorized by the Director, no person in a park shall:
(a) Capture, hunt, molest, injure, frighten, trap, kill ,
tease or hurt, throw or otherwise project objects at
any wild or domestic fowl, animal, reptile, fish or
bird.
(b) Let loose or permit to run at large, lead or otherwise
bring any horse, mule, ass , cattle , goat, sheep, swine
or other animal , reptile, bird or fowl of any kind; nor
bring any living thing that constitutes a safety hazard
or a public nuisance as defined in Section 3479 of the
California Civil Code.
(c) Permit a dog in any park unless such dog is under
complete control of its owner or custodian at all times
and led by a leash of suitable strength not more than
six feet in length.
(d ) Abandon any animal, bird, fish or reptile in any park.
(e) Permit any animal to defecate upon a park unless the
person immediately removes the feces and properly
disposes of it.
Section 14 . OPERATION OF BICYCLES AND AUTOS; PROHIBITED
ACTS: No person while in any park shall:
(a) Ride a bicycle except on officially designated routes.
A bicyclist shall be permitted to wheel or push a
bicycle by hand over any grassy area or wooded trail or
any paved area reserved for pedestrian use.
(b,) Leave a bicycle in a place other than a bicycle rack
when such is provided-'and there is a space available.
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Section 14. (CONTINUED)
(c ) Ride, drive, or park any automobile, truck motorcycle,
motor scooter or any other motor-powered vehicle except
upon the roads, driveways and parking lots provided and
designated for such use.
Section 15 . CONSUMPTION OF ALCOHOLIC BEVERAGES PROHIBITED
EXCEPT IN CERTAIN AREAS: Unless expressly authorized by the
Director, it shall be unlawful for any person to consume any
alcoholic beverage in parks , except in the following park
buildings :
(a) Shannon Community Center
(b) Dublin Senior Center
Section 16 . VIOLATIONS AND PENALTIES: Any person
violating any provision of this chapter, or violating the terms
of any permit issued pursuant thereto, shall be guilty of an
infraction, and upon conviction thereof shall be punishable as
provided in Section 36900 (b) of the Government Code.
Section 17 . URGENCY ORDINANCE: This ordinance is
declared an urgency ordinance for the immediate preservation of
the public peace, health and safety, to be effective immediately,
pursuant to Government Code § 36937 . The facts constituting the
urgency are that the City has recently completed construction on
three parks and has received title to four additional parks and
has no prior ordinance which addresses parks. Having no
enforcement power in parks poses a threat to the safety and
well-being of all residents.
Section 18 . POSTING OF ORDINANCE: The City Clerk of
the City of Dublin shall cause this Ordinance to be posted in at
least three (3 ) public places in the City of Dublin in accordance
with Section 36933 of the Government Code of the State of
California.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this of August, 1988, by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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