Ordinance 774
ORD INANCE NO.
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AN ORDINANCE OF THE CITY OF GILROY AMENDING ARTICLE XI OF
CHAPTER 2 OF THE GILROY CITY CODE BY ADDING THERETO SEC.
2.59-2 PROHIBITING THE LEAVINGc DUMPING, SCATTERING OR
DEPOSITING OF REFUSE & PAPER: RUBBISH OR TRASH OR OTHER DISC-
ARDED MATERIAL IN ANY PUBLIC PARK.BELONGING TO OR UNDER THE
CONTROL OF THE CITY OF GILROY EXCEPT IN RECEPTACLES PROVIDED
THEREFOR BY THE SAID CITY AND PROHIBITING THE MARRING1 DEFACING,
DISFIGURING OR DAMAGING OF ANY APPLIANCE OR EQUIP1\1.E~iJ'r OR FACIL-
rry IN A. PUBLIC PARK; PROVIDHifG THAT 'rHE VIOLATION OF SAID NEW
SECTION IS A MISDEMEANOR AND FIXING THE PENALTY ,FOR SUCH VIOL~
ATION.
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
Section I: Article XI of Chapter 2 of the Gilroy Citj Code is hereby
amended by adding thereto a new section designated as Sec. 2.59-2 to
read as follows:
Sec. 2.59-2.
a. No person, firm or corporation shall bring in, leave, dump.
throw, scatter or deposit any bottles, broken glass, ashes,
paper, boxes, cans, dirt, rubbish, refuse, trash or other
waste on or upon any part of a public park in or belonging
to the City of Gilroy or under its control except in recept-
acles provided therefor and if no receptacles are provided,
all such rubbish, refuse, waste and other objectionable
matter shall be carried and taken away from said park by
the person responsible for its presence and properly dis-
posed of elsewhere.
b. No person, firm or corporation shall wilfully mark, dis-
figure, marl deface or otherwise damage any buildin<;Jt
structure, fixture, table, bench, sign, post, monument or
other equipment or facilities or park property or appur-
tenances whatsoever, belonging to or loca'ted in or on any
public park in the City of Gilroy or any land belonging to
said City being used as a public park.
Section II: It shall be unlawful for any person to violate any provi-
sion or part of this ordinance.
Any person violating any of the provisions of the ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be pun-
ishable by a fine of not to exceed five hundred dollars or by
imprisonment in the Cit.y or County j ail for not to exceed six months,
or by both such fine and imprisonment.
Section III: If any phrase, word, sentence, paragraph or section of
this ordinance be declared by any court of competent j1lrisdiction to
be void or unconstitutional, such holding shall not effect the legal-
ity or otherwis(~ eff(~ct: the remainin9 portions of this ordinance.
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Section IV: All ordinances and parts of ordinances in conflict herewith
are heceby r'.=pe'lled.
Section V:
This is an emergency ordinance and shall take effect and be
in full force from and after its adoption and approval.
The said emergency referred to arises out of the following fa.cts and
circumstances:
The City of Gilroy owns Christmas Hill Park and has caused to be
installed therein picknicking and other equipment and fixtures includ-
ing restroom facilities. Some visitors to or users of the said equip-
ment and facilities have been deliberately and intentionally marking,
marring and disfiguring, breaking and o.therwise damaging the said
property and equipment of the City and rendering the park less invit-
ing and useful, and unless this ordinance is made effective imme-
diately the said destructive work will continue. This ordinance will
have a tendency to deter such continuation. The Ci.ty contemplates
owning and keeping other parks wi.thin its boundaries and should
immediately have all the means available of preventing vandalism,
destr!lction ilnd damaging of 'the equipment and facilities furnished
in the parks.
This ordinance was introduced at a regular meeting of the Council
held on August 1st, 1966, and was ordered published by title and summary
at least once within fifteen (i5) days after its adoption, in accordance
with the charter of the City of Gilroy by the following vote:
PASSED AND ADOPTED this 1st day of August 1966.
Ayes:
Councilmembers:A 11 emand, Duffi n, Eckard,Wentworth,
and Petersen.
Noes:
Counc ilmembers : None
Absent:
Councilmembers:Goodrich and Quartiroli.
Approved: /~r.;l
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SUSANNE E. PAYNE
, City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 774 is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the
1st day of
Augus t
, 19 66 , at which meeting
a quorum was present.
I further certify that the said ordinance has been pub-
lished In accordance with the charter of the City of Gilroy.
IN WiTNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 3rd day of
Au~ust , 19 66 .
/A 4~ 'VnU t 2<~
City Clerk of the City of G lroy