HomeMy WebLinkAboutCS Regulate City Parks and Buildings OrdinanceCITY OF�4.
Agenda Item No: 21
Meeting Date: December 16, 2002
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Services
Prepared by: Carlene McCart, Director City Manager Approval:
File No.:
SUBJECT: Consideration of Ordinance to Regulate the Use of City Parks and Buildings.
RECOMMENDATION: Pass the Ordinance to print for second reading on January 6, 2002.
BACKGROUND: The San Rafael Municipal code rules and regulations relating to the use of
parks, city buildings and recreation facilities are contained in Chapter 2.16 concerning the
establishment of the various City Boards and Commissions. In October of 2001 staff began the
process to create a new and separate chapter exclusively devoted to the rules and regulations
for the use of the City's parks and its recreation facilities. In doing so, the Ordinance is
updated to include new park facilities, the San Rafael City Plaza, commercial activity in parks
and to address health, safety and welfare issues regarding park use.
The Commission originally proposed the following amendments to the current Ordinance:
1. List all City parks and buildings to which the rules apply, including new parks, the San
Rafael City Plaza, Library and Falkirk grounds.
2. Refer in the Ordinance to specific rules and regulations applicable to parks, buildings,
grounds and the San Rafael City Plaza.
3. Authorize the City to exclude groups or persons causing a threat to public health, safety
or welfare, with specific circumstances justifying the implementation of an exclusion
order.
4. Prohibit "camping equipment", specifically defined to include sleeping bags, camp
stoves etc. in City parks. Currently, the Ordinance prohibits camping in open space but
does not address City parks.
FOR CITY CLERK ONLY
File No.: 9-3-+rw X 9 -3 -GS x 13-8 -x 9-344 A 1-3-75-
Council
-3-85
Council Meeting: 1�0 t 6 i 0-2—
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Passed Ordinance No. 1795 to print — "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
Disposition: OF SAN RAFAEL REPEALING SECTIONS 2.16.025, 2.18.026, 2.16.027 AND 2.16.028 OF THE
SAN RAFAEL MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.10 TO THE SAN RAFAEL
MUNICIPAL CODE TO REGULATE THE USE OF CITY PARKS AND BUILDINGS" (Second
,..d no and final adontlen scheduled for CIIV Connell meati.. of January 8. 2003.)
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
5. Regulate by permit, all commercial activities in City parks and recreation facilities. If
such activities are to be allowed by permit, the criteria for issuing such permits should
be specific and should be applied equally to all.
Gus Guinan, Assistant City Attorney researched Park Ordinances currently in effect in
several California cities. He drafted the proposed ordinance, which includes updated
references and addresses the concerns of the Commission. He presented it to the Park and
Recreation Commission at four meetings over the last year. The Commission approved the
proposed Ordinance revision in September of this year.
ANALYSIS: The proposed new Ordinance has been reorganized for clarity, updated to common
municipal standards, rewritten to include new facilities, and to address commercial activity,
health and welfare issues.
The sections addressing various issues is as follows:
1. Definitions: this section defines all terms used in the Ordinance to ensure clarity.
2. Permit Requirements: this section defines what activities or uses would require
permits and/or reservations (e.g., group reserved use, facility use, special events,
concerts, commercial activities, use of tennis facilities, etc.)
3. Application process: information required, timing, fees, deposits, and criteria applied
to grant or deny application.
4. Liability of permit holders: this section would address the responsibilities and
obligations of permit holders including insurance and indemnity requirements.
5. Permit Denial or Revocation: the grounds on which the City denies or revokes the
use of a park or facility.
6. Appeal Process: how an applicant may appeal the denial or revocation of a permit.
7. Prohibited Activities: this section prohibits "hazardous activities" such as fires, guns,
motorized boats and planes, swimming in inappropriate water features, camping,
golfing, and restricts the use of amplified sound, large gatherings, commercial
activity, smoking advertising, gambling, disorderly conduct and certain activities that
pose risks to park users.
8. Iniury to or Misuse of Park Property: this section prohibits damage to or removal of
park furnishings or landscape material, and vandalism in parks; it addresses littering,
and destruction.
9. Regulation of Dogs and Pets: this section remains consistent with current
regulations; dogs and pets must be on leash in City parks, owners are responsible
for damages caused by dogs and pets, owners must remove feces left by their
animals; and exempts disabled persons accompanied by dogs.
10. Treatment of Animals in Parks: under this section, animals must not be removed,
hunted, captured or harmed, fed, or abandon in parks; horses, cattle, sheep, goats
and other large animals are not permitted.
11. Alcohol: The City prohibits the consumption of alcoholic beverages without permit;
no person shall enter or remain in any park, building or facility while under the
influence of alcohol or drugs.
12. Vehicles: this section prohibits motorized vehicles with out a permit, and requires all
traffic laws, and regulations to be adhered to. Bicycles, scooters, skateboards,
skates are allowed on paved park roads or pathways only and must be parked
appropriately to avoid damage or injury to others.
13. Refuse and Pollution: this section prohibits dumping, discharging, or disposing of
refuse in any park water feature and the disposing of refuse generated outside of a
park, calling for the appropriate use of refuse containers.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
14. Park Closure: a park or any portion thereof may be closed to the public upon
reasonably necessary for the protection of property or for public health, safety or
welfare.
15. Rules specific to particular parks: rules and regulations for the use and
administration of parks and buildings shall be reviewed by the Park and Recreation
Commission and recommended to the City Council. (Rules currently in place for
various facilities are not recommended for change at this time)
16. Violations: this section would make any violation of these rules unlawful and would
specify the appropriate fine or punishment for such violation.
FISCAL IMPACT: Fees for permits will remain the same as currently charged.
OPTIONS: 1. Pass the Ordinance to print for second reading on January 6, 2002;
2. Direct staff to make revisions to the proposed Ordinance
ACTION REQUIRED: Pass the Ordinance to print for second reading on January 6, 2002
ENCLOSURES:
1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REPEALING SECTIONS 2.16.025, 2.16.026, 2.016.027 AND 2.016.028 OF THE
SAN RAFAEL MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.10 TO THE
SAN RAFAEL MUNICIPAL CODE TO REGULATE THE USE OF CITY PARKS AND
BUILDINGS
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
BY: The City Council of San Rafael
PURPOSE: Consideration of Ordinance to Regulate the Use of City Parks
and Buildings and Resolution Setting Rules and Regulations
for the San Rafael City Plaza.
DATE/TIME: Monday, December 16, 2002
8:00 p.m.
LOCATION: City Hall, Council Chambers
1400 Fifth Avenue at D Street
San Rafael, CA 94901
ACTION: You may comment on the proposed Ordinance. The City
Council will consider all public testimony before making
decision to approve or reject proposed Ordinance.
IF UNABLE TO
ATTEND: You may send a letter to Jeanne M. Leoncini, City Clerk,
City of San Rafael, P.O. Box 151560, San Rafael, CA
94915-1560. You can also hand -deliver a letter prior to the
meeting.
FOR MORE
INFORMATION: Contact Carlene McCart, Director, San Rafael Community
Services at (415) 485-3333, Monday — Friday, 8:30 a.m.-5:00
p.m.
San Rafael City Council
anne M. Leoncini
City Clerk
(Please publish on Friday, December 6, 2002.)
SUMMARY OF ORDINANCE NO. 1795
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL REPEALING SECTIONS 2.16.025,
2.16.026, 2.16.027 AND 2.16.028 OF THE SAN RAFAEL
MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.10
TO THE SAN RAFAEL MUNICIPAL CODE TO
REGULATE THE USE OF CITY PARKS AND BUILDINGS
The City of San Rafael Municipal Code is being amended by repealing sections 2.16.025,
2.16.026, 2.16.027 and 2.16.028 and by adding a new Chapter 8. 10, establishing rules and
regulations for the use of all City of San Rafael parks, recreation centers and recreation facilities.
For a copy of the complete text of the Ordinance amending the Municipal Code, please contact
the City Clerk at 485-3066 or the Community Services Department at 485-3333. Copies of the
Ordinance containing this Municipal Code amendment are also available for public review as of
Friday, December 27, 2002 at the San Rafael City Clerk's Office, 1400 Fifth Avenue, 2nd Floor,
Room 209, during regular business hours, 8:30 a.m. to 5:00 p.m.
This Ordinance repeals San Rafael Municipal Code sections 2.16.025, 2.16.026, 2.16.027
and 2.16.028 and creates a new Chapter 8.10 concerning the use and regulation of the City's
parks, recreation centers and recreation facilities. The Ordinance establishes a permitting
procedure for the use of City facilities, outlines numerous prohibited activities in City parks and
facilities, restricts the use of vehicles in City parks, authorizes the City Council to establish
specific regulations for the various City facilities by Resolution and provides for penalties for
violations of the rules and regulations.
PUBLICATION
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
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Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
ZA2Z�_a
ALBERT I RO, Mayor
ATTEST:
JEANNE M. LEONCM, City Clerk
The foregoing Ordinance No. 1795 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on Monday, December 16, 2002, and was ordered passed
to print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of
the City Council to be held on the 6th day of January, 2003.
A-
JEWN. LEONCINI, City Clerk
ORDINANCE NO. 1795
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL REPEALING SECTIONS 2.16.025,
2.16.026, 2.16.027 AND 2.16.028 OF THE SAN RAFAEL
MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.10
TO THE SAN RAFAEL MUNICIPAL CODE TO
REGULATE THE USE OF CITY PARKS AND BUILDINGS
RECITALS
NOW THEREFORE, the City Council of the City of San Rafael does hereby ordain as follows:
DIVISION 1:
Sections 2.16.025, 2.16.026, 2.16.027 and 2.16.028 of the San Rafael Municipal Code are
hereby repealed.
DIVISION 2:
Chapter 8. 10, "Parks and Recreation", is hereby added to the San Rafael Municipal Code,
to provide as follows:
Chanter 8.10
PARKS AND RECREATION
8.10.010 Applicability.
This chapter shall apply to the following facilities:
A. Parks: Albert, Arbor, Bayside, Beach, Boyd, Bret Harte, Fred Jensen, Freitas,
Gerstle, Hartzel, Hillview, Mahon, Munson, Oleander, Peacock Gap, Pickleweed, Ranchitos,
Riviera, Russom, Santa Margarita, Schoen, Shoreline, Sun Valley, Terra Linda, Victor Jones.
B. Community Centers: Pickleweed Community Center, San Rafael Community
Center, Terra Linda Community Center.
C. Outdoor Public Areas: San Rafael Plaza, Falkirk (grounds), San Rafael Library
(grounds), San Rafael City Hall (grounds).
D. Recreation Facilities: Glenwood Tennis Courts, Freitas Tennis Courts, Terra
Linda Community Pool, Albert Park Baseball, Bernard Hoffman Field, and Softball Stadiums.
8.10.015 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as
defined in this section:
A. "Amplified sound" means speech, sounds, or music projected or transmitted by
electronic equipment including amplifiers, loudspeakers, microphones, bull horns or similar
devices or combinations of devices which are intended to increase the volume, range, distance or
intensity of speech, sounds, or music and are powered by electricity, battery or combustible fuel.
B. "Buildings" means and includes those buildings, or any portion thereof, within
any city park, public building, plaza, playground, recreation area, swimming pool or recreation
facility.
C. "Director" means the Director of the Department of Community Services, Library,
or Redevelopment Agency, as applicable, or that Director's designee.
D. "Camp" means to pitch or occupy camp facilities, or to use camp paraphernalia.
E. "Camp facilities" include, but are not limited to, tents, huts or temporary shelters.
F. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds,
mattresses, sleeping bags, hammocks, non -City designated cooking facilities and similar
equipment.
G. "Park" means any city park, public building, plaza, playground, outdoor public
area, community center, or recreation facility, or any portion thereof, including parking lots,
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owned, used or controlled by the City of San Rafael for the active or passive recreational use
and/or enjoyment of the public.
H. "Permit" means a written authorization issued to a person pursuant to this chapter
for exclusive use of any park or building, or portion thereof, for the purposes provided for and
defined in this chapter.
I. "Permit holder" means a person who has obtained a permit issued for the
exclusive use of a park, building or portion thereof.
J. "Person" means an individual, association, partnership, firm, corporation, or
company.
K. "Rules and/or Regulations" means those rules and regulations relating to all
aspects of city park, public building, plaza, playground, outdoor public area, or recreation facility
proposed by the Directors and approved by the City Council.
L. "Recreation Facility" means fields, courts, amphitheaters, and group picnic areas
specifically designed for organized activities such as, but not limited to, baseball, softball, soccer,
tennis, basketball, and organized group gatherings.
M. "Vehicle" means any wheeled conveyance, whether motor -powered, animal -
drawn, or self-propelled, and shall include any trailer in tow of any size, kind or description, and
shall also include bicycles, skateboards, scooters and roller/in-line skates.
N. "Refuse" means any garbage, trash, bottles, cans, papers, ashes, food and vegetable
material, rubbish, industrial wastes, animal waste, grass clippings, yard clippings, tree or shrub
pruning or any other discarded substance, matter or thing, whether liquid or solid.
O. "Store" means to put aside or accumulate for use when needed, to put for
safekeeping, to place or leave in a location.
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8.10.020 Use of Park and Buildings - Permit Required.
A person wanting the exclusive use of any park, building or portion thereof designated for
use by 25 persons or more, must apply for and obtain a permit for such use, activity or event,
from the Director. It is unlawful for any person to engage in any use of any park, building or
portion thereof, for which a permit is required, without obtaining such a permit.
8.10.025 Use of San Rafael City Plaza — Permit Required.
Permits for the Use of the San Rafael City Plaza will be issued by the San Rafael
Redevelopment Agency according to rules and regulations set forth by Resolution of the San
Rafael City Council.
8.10.030 Permit Application.
A person wanting the exclusive use of a park, building or portion thereof, shall file an
application with the Director not less than twenty-one (21) days, nor more than one (1) year prior
to the event. The applicant must be an adult.
The application shall include the following information:
A. The name, address and telephone number, home and work, of the applicant.
B. The name, address and telephone number of the person sponsoring the use,
activity or event.
C. An adequate and accurate description of the proposed use, activity or event.
D. The day and hours for which the permit is desired.
E. The park, building or portion thereof for which such use is sought.
F. An estimate of anticipated attendance.
G. Any other information which the Director finds reasonably necessary to determine
whether a permit should be issued and what conditions should be imposed upon a permit.
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H. Whether any amplified sound is to be used, the purposes for which it shall be used
and the maximum decibel level at 50 feet from the source.
I. Whether alcohol is to be provided for consumption during the activity or event.
The applicable fee must accompany the submittal of the application or it will not be
processed or considered. The fee shall be set periodically by the City Council in conjunction
with adoption of the City's Fee Schedule.
8.10.040 Permit Issuance- Criteria; Grounds for Denial.
In determining whether a permit shall be issued, the Director shall consider the following:
A. The completeness, accuracy and validity of the information contained in the
application.
B. The payment of the required fee.
C. The applicant's compliance with City ordinances, rules and regulations.
D. The applicant's compliance with terms and conditions of park or building use
permits issued to applicant previously.
E. The availability of the park, building or portion thereof for the period for which
the permit is requested.
F. The proposed attendance in relation to the capacity established for the requested
park, building or portion thereof.
G. The compatibility of the proposed use, activity or event with the uses established
for the requested park, building or portion thereof.
H. The applicant's compliance with the time limit set for applying to reserve the
park, building or portion thereof.
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I. The potential for any amplified sound to interfere with or detract unreasonably
from the enjoyment of the park or surrounding area by others.
J. The potential for the use, activity or event to create a threat to the public health,
safety or welfare, or to create an excessive demand for safety or other City services.
If a permit is issued, the Director may impose any and all conditions reasonably necessary
for the protection of the public health, safety and welfare and the protection of and safe use of
public property.
8.10.050 Permit Holder Responsibilities and Obligations.
After a person obtains a permit, that permit holder must:
A. Comply with all rules and regulations and all applicable City ordinances as
though the same were incorporated into the permit.
B. Comply with all conditions imposed by the permit.
C. Inform all attendees of the conditions of the permit and the applicable rules and
regulations.
D. Remit a use fee and a security/cleaning deposit for the use of the park, building or
portion thereof; the deposit shall be returned to the permit holder within a reasonable period after
the conclusion of the use, activity or event, if the area was left in a clean and undamaged
condition.
E. At least two (2) business days prior to the use, activity or event, provide to the
Director 1) evidence of property and liability insurance coverage in accordance with the levels
and terms required by the City's Risk Management Division and 2) endorsements naming the
City, its officers, employees, agents and volunteers as additional insureds under the policies.
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F. At least two (2) business days prior to the use, activity or event, provide to the
Director a signed agreement to defend and indemnify City, its officers, employees, agents and
volunteers in a form approved by the City's Risk Management Division.
8.10.060 Permit - Denial or Revocation.
A permit to use a park, building or portion thereof may be denied, or, if a permit has been
previously issued, may be revoked by the Director on any of the following grounds:
A. The non-compliance with requirements specified in section 8.10.040.
B. The grounds for denial specified in section 8.10.030.
C. Any other facts determined by the Director to present a threat to the public health,
safety or welfare.
D. The size or nature of the proposed activity will require the diversion of excessive
or unavailable city resources to properly police the event.
E. The applicant has failed to agree to inform, or has failed to inform all of the
activity's participants of the terms and conditions of the permit.
F. The applicant has failed to pay the applicable fees or deposits, or to provide
evidence of issuance, insurance, endorsements and indemnification
8.10.070 Appeal.
An applicant may appeal the denial or revocation of a permit by providing the City
Manager or designee written notice of appeal within five (5) days of the denial. The City
Manager or designee shall hold a hearing within three (3) days of the filing of a notice of appeal,
at which time applicant may present any and all evidence, testimony, and information relevant to
the Director's decision. The City Manager or designee, within two (2) days following the appeal
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hearing, shall issue a decision. The decision of the City Manager or designee shall be mailed or
delivered to the applicant and shall be final and binding.
8.10.080 Hours.
A. Designated. Except as provided in section 8.10.080B, parks and buildings are
open for public use from sunrise until sunset. Except as provided in section 8.10.080B, no
person shall enter, remain in, cross upon or use, any park, building or portion thereof, between
sunset and sunrise.
B. Exceptions.
1) At any time, the Director, or a police officer, may exclude any person(s),
whether or not such persons are permit holders, from parks, buildings, or portions thereof, where
such exclusion is necessary to protect public property, the public health, safety or welfare or to
preserve the public peace.
2) Whenever any park, building or portion thereof, has been reserved for
exclusive use of a permit holder, that area may be closed to all others not associated with that
permit holder's exclusive use.
3) At any time, no person(s), whether or not a permit holder, shall remain in
or refuse to leave any park, building or any portion thereof, after being advised by the Director or
a police officer, that it is closed or after being excluded under section 8.10.080 B.1).
4) A permit holder may use the park, building or portion thereof beyond
regular hours if allowed under the permit holder's permit.
5) Regardless of park and building hours restrictions, a person may use
lighted parks, buildings, or portions thereof, under the conditions posted and as specifically
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designated by the Director. No person shall use any park, building, or portion thereof, in
violation of such posted hours and conditions.
8.10.090 Prohibited Activities.
A. Amplified Sound. No person shall use or create any amplified sound in any park,
building or portion thereof, without a valid permit issued by the Director.
B. Large Gatherings. The Director can deny a permit if the number of persons in the
group is so large that it constitutes a threat to City property or the public health, safety or welfare.
C. Fires.
1) No person shall kindle or maintain in any park, for any purpose, any fire
except for a fire maintained in a regulation park fire pit or park barbecue.
2) No person shall leave an area where a fire has been kindled or maintained
until the fire has been extinguished and is cold to the touch.
3) No person shall possess or ignite any fireworks in or on any City -owned or
controlled property, at any time.
D. Camping. No person shall:
1) Camp or lodge in a tent, on the ground, in a motor home or other vehicle,
in any park, building or portion thereof, including the parking lot of any such area.
2) No person shall use or store camp facilities or camp paraphernalia in any
park, building, or portion thereof, including the parking lot of any such area.
E. Guns and Dangerous Instruments. No person, except those persons listed in
California Penal Code Section 12031(b) and 12031(c), shall have in his/her possession in any
park, building or portion thereof, any dangerous weapon, bow and arrows, pellet or air gun,
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slingshot, crossbow, firearm, or destructive device as that term is defined in Section 12301 of the
Penal Code or similar items.
F. Motorized Boats and Planes. No person shall operate in any park, building or
portion thereof, or associated public parking lot, any airborne or waterborne boat, plane, rocket,
missile, or motorized model of any type.
G. Swimming. No person shall swim, wade, float, dive or otherwise enter any
fountain, pond, lake, stream or other water feature, natural or man-made, in any park except in
those areas so designated by the Director.
H. Golfing. No person in a park, building or portion thereof, shall golf, including but
not limited to chipping, putting, driving or otherwise practicing golf.
I. Commercial Activities. No person shall practice, carry on, or conduct any
business or profession or other commercial enterprise, nor sell or offer for sale any service,
merchandise, article, or anything whatever, nor station or place any stand, cart, or vehicle for the
transportation, sale or display of any such article or thing, in any park, building or portion
thereof, except by permit issued by the Director and subject to all other provisions of this Code.
This subsection shall not apply to City concessionaires or to persons acting under a lease, license
or permit issued by the City.
J. Smoking. No person shall ignite or smoke any tobacco or tobacco product or any
other material in any building or portion thereof, or within 100 feet of a children's playground.
K. Advertising. No person shall place, post, paste, glue or otherwise affix, distribute
or erect any handbill, circular, pamphlet, sign, placard, inscription or advertisement to any tree,
fence, shrub, stick or structure in any park, building, or portion thereof.
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L. Gambling. 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 City ordinance or State law, in any park, building or portion thereof.
M. Disorderly Conduct. No person shall engage in loud, boisterous, threatening,
abusive, insulting or indecent language, or in any disorderly conduct or behavior tending to be a
breach of the public peace, in any park, building or portion thereof.
N. Lawn Darts and Horse Shoes. No person shall use or play with lawn darts or
horse shoes in any park, building or portion thereof, except in areas designated and posted by the
Director.
8.10.100 Injury to or Misuse of Park Property.
A. No person shall mark, deface, injure, tamper with, displace or remove, any
bridges, tables, benches, fireplaces, railings, paving, water lines, other public utilities, signs,
notices or placards whether temporary or permanent, monuments, stakes, posts, or other
boundary markers, or any improvements; structures, equipment, facilities or park property or
appurtenances whatsoever, either real or personal, in any park, building, or portion thereof.
B. No person shall litter, soil or defile restrooms, nor shall any person over the age of
eight (8) years shall use restrooms and washrooms designated for the opposite sex, in any park or
building.
C. No person shall dig, remove or vandalize 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, in any park.
D. No person shall construct or erect any building, edifice, artwork or structure of
any kind, permanent or temporary, or construct any public service utility, including but not
limited to, any overhead wires, into, upon, through, under or across any park or building, without
obtaining 1) a permit issued by the Director, and 2) any applicable planning, zoning, building,
or other approvals.
E. No person shall enter, cross or remain in any lawn, grass plot, planting area, or
any other area in any park, where prohibited by the Director, and where such prohibition is
indicated by appropriate signs, temporary fencing or cordoning, or by warning cones.
F. No person shall damage, cut, carve, transplant, pick, remove or injure in any
manner any tree, flower, bush or plant in any park or building.
G. No person shall 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 any
park.
H. No person shall climb any tree or walk, stand or sit upon monuments, vases,
fountains, water features, railings, fences, statutes or structures of any kind not intended for such
purposes.
I. No person shall destroy, mar, spoil, deface, or mutilate any park, building or any
property therein by means of painting, carving, writing, or similar method.
8.10.110 Dogs and Pets.
A. No person shall bring or allow a dog, pet, or other animal owned or maintained by
them into any park, building or portion thereof, unless such dog or pet is on a leash and under
control at all times.
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B. Any person having custody or control of a dog, pet, or other animal in any park,
building, or portion thereof, shall be responsible for any damage caused by such dog, pet, or
other animal even if on leash and under control.
C. Any person having the custody or control of any dog, pet, or other animal shall
have the duty to immediately remove any feces left by such animal in any park, building, or
portion thereof, and to dispose of such feces in a sanitary manner.
D. Any person having the custody or control of any dog, pet, or other animal in any
park, building, or portion thereof, shall have in such person's immediate possession a bag and
equipment for the picking up and removal of animal feces.
E. No person shall fail or refuse to show to a City official or to any police officer
such device or equipment if the device or equipment is not visible.
F. The provisions of subsections C., D., and E. above shall not apply to any disabled
person when the person's disability requires a dog to accompany the person, nor to a person using
a dog in emergency or rescue activities.
8.10.120 Treatment of Animals in the Parks.
animal.
A. No person shall feed or set out food in any park or building, for any kind of
B. No person shall abandon any animal in any park or building.
C. No person shall hunt, capture, harm, or attempt to hunt, capture or harm any
animal in any park.
D. No person shall remove the un -hatched eggs of any wild animal found in any park.
E. Horses and other equine animals may not be brought into or ridden in any park or
building.
IN
F. No person shall graze cattle, sheep, goats, or any other animal in any park, except
for fire prevention purposes and only with a permit issued by the Director.
8.10.130 Alcohol.
A. No person shall either consume any alcoholic beverage or possess any alcoholic
beverage open container in any park, building or any parking lots associated therewith.
B. A person may possess or consume alcoholic beverages in a park, building or
portion thereof if the person is associated with or rightfully attending a use, activity, or event for
which a permit has been issued and the permit allows alcohol use.
C. A person, whether a permit holder or not, may not furnish or sell alcoholic
beverages in parks, buildings or portions thereof, unless that person:
1) Complies with all applicable rules and regulations of the Alcohol
Beverage Control Board.
2) Obtains the appropriate license from the Alcohol Beverage Control Board.
3) Obtains a permit from the Director permitting the use and consumption of
alcoholic beverages.
D. No person, whether a permit holder or not, shall enter or remain in any park,
building or portion thereof, while under the influence of an alcoholic beverage, a drug of any type
or a combination thereof.
8.10.140 Vehicles in Parks.
A. Except for police officers and City employees acting in the course and scope of
their employment, no person shall drive, ride or convey any motorized vehicle into any park.
B. All provisions of the Vehicle Code of the State of California in regard to
equipment and operation of vehicles shall apply to all parks or portions thereof.
C. All persons in a park or portion thereof shall obey all police officers and City
employees authorized and instructed to direct traffic in any park or portion thereof in accordance
with the provisions of these regulations and such supplementary regulations as may be issued by
the Director.
D. All persons in any park or portion thereof, shall carefully observe all traffic signs
indicating speed, direction, caution, stopping or parking, and all other signs posted for proper
control and to safeguard life and property.
E. No person shall ride or drive any vehicle, including bicycles, scooters, skateboards
and roller/in-line skates, in any park except upon paved park roads or pathways which have been
specifically designated for such use.
F. No person shall park any vehicle in any park except in an established or
designated parking area, and such use shall be in accordance with the posted directions or with
the instructions of a duly authorized attendant.
G. A person shall be permitted to wheel or push, not ride, a bicycle by hand over any
grassy area or on any paved area reserved for pedestrian use in any park.
H. No person shall ride any other person on a bicycle, skateboard or scooter.
I. No person shall leave a bicycle in a place other than a bicycle rack when such is
provided and there is a space available.
J. No person shall leave a bicycle lying on the ground, sidewalk or pavement, or set
against trees, or in any walkway, path or paved area designed for pedestrians.
8.10.150 Refuse and Pollution.
A. No person shall throw, dump, discard, discharge, deposit, dispose of or otherwise
place any refuse in or on any park, building, or portion thereof, or into the waters of any fountain,
pond, lake, water feature, stream, bay or other body of water in or adjacent to any park or portion
thereof or any tributary, stream, storm sewer, or drain flowing into such waters.
B. Any person in any park, building or portion thereof, shall place all refuse in the
proper receptacles.
C. Where refuse receptacles are not provided or are full, the person responsible for
the presence of the refuse shall remove such refuse from the park, building or portion thereof and
shall properly dispose of it elsewhere.
D. No person shall throw, dump, discard, discharge, deposit, dispose of or otherwise
place household refuse or refuse generated outside a park or building, into refuse receptacles in
any park or building or portion thereof.
8.10.160 Park Closure.
Any park, building or portion thereof 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 only to certain uses, as the Director finds reasonably
necessary for the protection of property or for the public health, safety or welfare. No person
shall enter or remain in any park, building, or portion thereof, which has been closed and noticed
as closed by appropriate signs, fencing or cordoning, or by warning cones.
8.10.170 Park Rules and Regulations.
The Director shall formulate rules and regulations for the use and administration of parks
and buildings, and for the implementation of this chapter, and shall present such proposed rules
and regulations to the appropriate City Commissions for review and recommendation to the City
Council.
16
By Resolution, the City Council shall approve, modify and approve, or reject the
proposed rules and regulations. Upon the City Council's adoption of a Resolution approving
same, such rules and regulations will become effective.
It shall be unlawful for any person to violate any rule or regulation so adopted.
8.10.180 Enforcement.
The provisions of this Chapter may be enforced by any code enforcement official as
defined in section 1.08.020.
8.10.190 Violations.
It is unlawful for any person to violate any of the provisions of this Chapter, any park rule
or regulation adopted pursuant to section 8.10.070, or to violate any of the terms and conditions
of a permit issued pursuant to this Chapter. Such violations are punishable as provided in
Chapters 1.40, 1.42. 1.44 and 1.46 of this Code.
n1rx7TC11n1V I -
The Subsection of section 1.08.020, defining "Code Enforcement Official" is hereby
repealed and a new Subsection of section 1.08.020 defining "Code Enforcement Official" is
hereby added to read as follow:
"'Code Enforcement Official' means the City Manager, Department Directors, including
the Director of Management Services, the Director of Community Development, the Public
Works Director/City Engineer, the Fire Chief, the Police Chief, the Director of Community
Services, the Redevelopment Agency Director, Library Director and any of their designated
agents or representatives, including but not limited to Code Enforcement Officers, Police
Officers, Fire Department Division Chiefs, Fire Marshal, Deputy Fire Marshal, Fire Prevention
a
Bureau Inspectors, Chief Building Official, Building Inspectors, the Central Marin Sanitation
Agency officials designated by resolution, the Storm Water Program Manager, Parking
Enforcement Officers, the City Health Officer, and the County Health Officer and his or her
designated registered environmental health specialists carrying out the duties of City Health
Officer pursuant to agreement with the City."
DIVISION 4:
This ordinance is a project which has no potential to cause a significant effect on the
environment and is therefore exempt under the California Environmental Quality Act (CEQA),
pursuant to section 15061(b)(3) of the CEQA Guidelines._
DIVISION 5:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
DIVISION 6:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty
(30) days after its passage, and the summary of this Ordinance shall be published within fifteen
(15) days after the adoption, together with the names of the Councilmembers voting for or
against the same, in a newspaper of general circulation published and circulated in the City of
W
San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the
City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this
Ordinance along with the names of those Councilmembers voting for or against this Ordinance.
ATTEST:
M. LEONCM, City Clerk
re, �I
:• ,Mayor
The foregoing Ordinance No. 1795 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 16`h day of December, 2002 and ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 6`h day of January, 2003.
JOANNE M. LEON INl, City Clerk
HUI
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM!
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL/ AGENCY.
SRRA (!S RCC)GENDA ITEM NO.
DATE OF MEETING: December 16, 2002
FROM: Carlene McCart
DEPARTMENT: Community Services
DATE: December 9, 2002
TITLE OF DOCUMENT: Consideration of Ordinance to Regulate the Use of City Parks and Buildings and
Approve the Resolution Adopting San Rafael City Plaza Public Event and Assembly Rules and Regulations.
DECEIVED
Department Head (signature)
DEC 1 1 2002
CITY ATTORNEY
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
Cjanagew'(s'ig
ature)
NOT APPROVED
REMARKS:
01
PROOF OF PUBLICATION
(2015.5 C.C.P.)
CITY OF SAN RAFAEL
......................................................................................
CITY COUNCIL MEETING
................................................................................................
STATE OF CALIFORNIA
County of Marin SS Proof of Publication of
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years, and not
a party to or interested in the above matter. I am the princi-
pal clerk of the printer of the MARIN INDEPENDENT
CITY OF SAN RAFAEL
NOTICE OF PUBLIC NEARING
JOURNAL, a newspaper of general circulation, printed and
published daily in the County of Marin, and which newspaper
BY.
The City Council of San Rafael
has been adjudged a newspaper of general circulation by the
PURPOSE.
Consideration of Ordinance to Regulate
Superior Court of the County of Marin, State of California,
e use of cs and
Resolution Seettti g Rules ParksdandildlnRegulabons
under date of FEBRUARY 7, 1955, CASE NUMBER 25568;
for the San Rafael City Plaza.
that the notice, of which the annexed is a printed copy (set in
DATE/TIME:
Monday, December 16, 2002
type not smaller than nonpareil), has been published in each
8:00 p.m.
regular and entire issue of said newspaper and not in any
LOCATION!
City Nall, Council Chambers
supplement thereof on the following dates, to -wit:
1400 Fifth Avenue at D Street
San Rafael, CA 94901
DEC . 6
ACTION:
You may comment on the proposed
Ordinance. The City Council will consider all
public testimony before making decision to
approve or reject proposed Ordinance.
................................................................................................
IF UNABLE TO
ATTEND:
You may send a letter to Jeanne M. Leonclnl,
Box
City Clerk, City of San Rafael, P.O. Box
all in the year 2002.
151560, San Rafael, CA 94915-1
You can also hand -deliver a letter prior to the
meeting,
FOR MORE
(INFORMATION:
cCart(4115) 485 3333aSan fael
Carlene ces
Com
I n
certify (or declare) under penalty of perjury that the
unity Servict
at
foregoing is true and correct.
Monday -Friday, 8:30 a.m.-5:00 P.M.
San Rafael City Council
Is/ Jeanne M. Leoncini
......................1. .............�. .. K .. ..�...
Jeanne M. Leonclni,
City Clerk
No. 2461 December 6, 2002
Donna Lazanis
Signature /Po
Dated this .....6 ........ day of..... Dec. 2002
PROOF OF PUBLICATION