HomeMy WebLinkAboutOrd 17411
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ORDINANCE NO. 1741
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 10.55 TO
UPDATE PROVISIONS REGARDING USE OF PARKS AND RECREATIONAL
AREAS
The City Council of the City of Burlingame ordains as Follows:
Section 1. Chapter 10.55 establishes the basic regulations £or use of the City's parks and
recreation facilities, and in order to better define the authority of the City Manager and the Director
of Parks &Recreation and incorporate rules and regulations that have been approved by the City
Council, minor amendments to the provisions should be made.
Section 2. Chapter 10.55 is amended to read as follows:
Chapter 10.55
REGULATIONS FOR PARKS AND RECREATIONAL AREAS
Sections:
10.55.005
Definitions,
10.55.010
Trespassing prohibited.
10.55.015
Hours.
10.55.020
Exceptions.
10.55.025
Use of parks and recreational areas.
10.55.028
General rules and regulations.
10.55.030
Additional rules and regulations.
10.55.035
Enforcement of rules and regulations.
10.55.040
Special events and group use.
10.55.045
Closing parks and recreational areas.
Section 10.55.005 Definitions
For purpose of this chapter, the following definitions apply:
(a) "Director" or "director of parks and recreation" mean
s the city director of parks and
recreation or the director's authorized designee.
(b) "Park" or "recreation area" means any property, grounds, or facilifies under the
supervision of the depart
ment of parks and recreation. This includes but is not limited to city
parks, pools, recreation centers, golf center, playgrounds, fields, open spaces, and all parking lots
and structures involved in these facilities, and school facilities when scheduled or programmed by
the city.
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Section 10.55.010 Trespassing prohibited.
(a) It is unlawful for any person to trespass upon the grounds and facilities of any park or
recreational area of the city which are restricted to the exclusive use of such persons as may be
permitted thereon by the rules and regulations governing the use thereof by the general public or
as maybe engaged in the recreational programs of the city, and the employees assigned thereto.
(b) The city manager or the director of parks and recreation is authorized to have excluded
from any park any person violating the provisions of this chapter or any of the rules and
regulations. Any person thus excluded who fails to leave the park forthwith, or who thereafter
enters therein or thereupon, except with the consent of the city manager or director of parks and
recreation, is guilty of a misdemeanor or infraction as determined pursuant to this code.
Section 10.55.015 Hours.
Except as provided in Section 10.55.020, the parks, recreational areas and all facilities
located therein, including the parking lots serving the parks and recreational areas, shall be closed
to the public between the hours of nine (9) p.m. and six (6) a.m. the following morning. In addition
to all city owned facilities, the provisions of this section shall also apply to that area known as
Wooley Park, located between 150 Anza Boulevard and the entrance to Anza Lagoon, except it
shall not apply to the adjacent parking lot or to persons traversing the bayfront pathway between
that parking lot and the bridge at Anza Lagoon,
Section 10.55.020 Exceptions.
The hours established by Section 10.55.015 hereof shall not apply to:
(a) The parking lots serving and immediate area of any municipal recreation
building during
the time the building is being used with permission and for one hour after the closing thereof;
(b) Any recreation program conducted or authorized bythe parks and recreation depart
and for one hour after the completion thereof.
ment
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Section 10.55.025 Use of parks and recreational areas.
It is unlawful for any unauthorizedperson to use, cross or remain in any park or recreational
area and the parking lots adj acent thereto except during the hours such park or recreational area and
parking lot is open to the public as provided in Sections 10.55.015 and 10.55.020.
Section 10.55.028 General rules and regulafions
It is unlawful for any person, group, or organization to do any of the following in any city
park or recreational area without the express permission of the director of parks and recreation, or
the director's authorized designee:
(a) Open, expose or interfere with any water or gas pipe, hydrant, stopcock, sewer, basin
or other construction, or any natural or artificial drainage;
(b) Remove turf, soil, grass, rock, sand or gravel, tree, shrub or wood or portion thereof;
(c) Make or kindle a fire for any purpose, except in places provided therefor or in a portable
barbecue in an area designated for such purpose;
(d) Play or practice if
or archery or fly or operate motor -driven models, except in areas
specificalI
y designated and posted for such purposes;
(e) Take into, exhibit or use any firearm, air gun, slingshot, firecracker, torpedo, rocket or
weapon of any sort
, whether manufactured or improvised. This prohibition. includes the use of any
item or utensil in such a manner as to approximate a weapon or to cast fear into an
other;
(f) Cut, break, injure, deface or disturb an
y tree, shrub, plant, rock, building, cage, pen,
monument, fence, bench, path, walk or other structure, apparatus or propert
y, or mark or write
thereon;
(g) Practice, carry on, conduct or solicit for any trade, occupation, business or profession
without a permit therefore endorsed by the director of parks an
d recreation;
(h) Sell or offer for sale, any merchandise, art
icle or thing, whatsoever, without a permit
therefore endorsed by the director of parks and recreation;
(i) Use or attempt to use or interfere with the use of any table, space or facility which at the
time is reserved for any other person or group;
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(j) Enter any area which is posted by the city as being closed to the public;
(k) Operate or park any vehicle except upon areas designated or as may be permitted by the
director of parks;
(1) Place litter or debris elsewhere than in container designed to receive such litter or debris;
(m) Play any game of chance or carry on betting of any kind;
(n) Fish, wade, swim or bathe except in the places designated therefor;
(o) Set up or use a volleyball net so as to exceed a maximum of two such nets in a park at
any time;
(p) Have in his or her possession or control any exotic animal, as defined by Section
9.08.050 ofthis code, regardless of size, or to release any such animal in a park or recreational area;
(q) Operate any of the following equipment, without express written permit from the
director of parks and recreation:
(1) Generator for producing electrical voltage; or
(2) Sound amplification equipment; or
(3) Any radio or sound reproduction equipment which causes any noise that disturbs the
peace and quiet of the neighborhood or other users of the park or facility; or
(4) Inflatable play equipment, such as astro-jumps and similar items; or
(5) Batting machines, except on designated lighted ballfields between the hours of 9:00 a.m.
and 9:00 p.m. on Mondays through Saturdays an
d between 10:00 a.m. and 9:00 p.m. on Sundays,
and on designated unlighted ballfields between the hours of 9:00 a.m. and dusk on Mondays
through Saturdays and between 10:00 a.m. and dusk on Sundays. However, for Ray Park on
Sundays, batting machines are only permitted on the designated ballfields between 11:00 a.m. and
5:00 p.m.
(r) Gather in groups of fifteen (15) persons or more without specifi
c written permission
from the director of parks an
d recreation in the following locations:
(1) Cuernavaca Park at an
y time; or
(2) Village Park on weekdays between 10:00 a.m. and 3:00 p.m.; or
(3) Pershing Park on weekdays between 10:00 a.m. and 3:00 p.m.;
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(s) Engage in any activity involving batted balls in any park or recreational area, except on
a designated ballfield at Bayside Park, Cuernavaca Park, Ray Parlc, or Washington Park.
(t) Possess, serve or sell alcoholic beverages at any park or recreational area, except by the
city's authorized golf center operator at the Burlingame Golf Center; or
(v) Allow dogs in or around any playground as designated by the surface material at the
playground equipment in Cuernavaca Park, Pershing Park, Ray Park, Trenton Park, Victoria Park,
Village Park, or Washington Park, or as designated by the fenced area surrounding the City's tot
lots at Alpine Park, "J" Lot, Laguna Playground and Paloma Playground.
Section 10.55.030 Additional rules and regulations.
hi addition to the general rules and regulations contained in this chapter, the parks and
recreation commission may promulgate and submit to the council for approval, rules and
regulations governing the administration, operation, use and maintenance of each park and
recreational area. Such rules and regulations may stipulate, among other things:
(a) The facilities, equipment and provisions of each park together with the maximum
number which may safely use such facilities, equipment an
d provisions at one time;
(b) The areas of each park designated for part
icular uses, whether passive or otherwise and
any specific limitations thereon designed to promote the public safety and enhance the greatest use
by the greatest number of people;
(c) The terms by which park facilities such as tennis courts, ball fields, etc., maybe used
and any specific requirements designed to protect the playing surface an
d to insure the safety of
part
icipants and spectators;
(d) Areas suitable for public assembly and the number which may be accommodated
without injury to the park, its plan
t life or any facilities therein;
(e) Areas where sound amplification equipment may be made available or where it may be
used together with the maximum sound level at which it may be operated so as to provide full
dissemination of sound within the area when occupied by Lite
maximum number allowed so as not
to interfere with the reasonable enjoyment by the public of adjacent areas or of private citizens
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within adjacent private property; and
(f) Procedures for securing the exclusive use of any park or recreational area or facility
together with any fee schedule or security deposit requirements necessary to insure compliancewith
the terms of the permit or to protect the general public from liability for the extra maintenance
necessitated by such exclusive use. Such procedure shall include the provisions for appeal to the
council.
Section 10.55.035 Enforcement of rules and regulations.
(a) It is unlawful for any person, group, or organization to violate any rule or regulation
adopted pursuant to sections 10.55.030 above.
(b) In addition to the other remedies provides by this code and state law, the city manager
or the director ofparks and recreation may suspend the privilege of a person, group, or organization
that violates the provisions of this chapter or the terms and conditions of any permit issued pursuant
to this chapter to obtain any further permit for use of any park or recreational area for such time as
the manager or director determines is an appropriate suspension. Any person, group, or
organization whose privilege is suspended under this subsection may appeal the suspension to the
city council by filing a written appeal together with an appeal fee with the city clerk within ten (10)
days of the written notice of suspension. The city council will then hear the appeal within a
reasonable period of time and render a decision on the suspension. The decision of the city council
shall be final and conclusive.
Section 10.55.040 Special events and group use.
The city manager an
d the director of parks and recreation shall provide a permit process for
group reservations of park areas and recreational areas, special events, and circumstan
ces not
covered by this chapter or the rules and regulations. In so doing the city manager or director shall
ensure that the parks and recreational areas are available and provided for the comfort and
convenience of all.
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Section 10.55.045 Closing parks and recreational areas.
The city manager or the director of parks and recreation may close any park or recreational
area and remove all persons therefrom when in his judgment such closing will best preserve the
public peace, prevent damage to public property or quell riots, mobs or violence. The city manager
or the director may also cause any and all persons whose presence on the premises is disruptive to
the normal and safe use and enjoyment thereof by the greatest number of people to be removed.
Section 3. This ordinance shall be published as required by law and shall take effect thirty
days after its adoption.
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 19' day
of July, 2004, and adopted thereafter at a regular meeting of the City Council held on the 16' day
of August, 2004, by the following vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
BAYLOCK
Ci y Jerk
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