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Ordinance 1008 ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY OF GILROY ADOPTING AS CHAPTER 18 OF THE GILROY CITY CODE RULES AND REGULATIONS FOR PUBLIC PARKS. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I: The following sections are hereby adopted as Chapter 18 of the Gilroy City Code: CHAPTER 18 PUBLIC PARKS ~ 18.1 Definitions. ~ 18.2 Injury to or nuisance to park property prohibited. ~ 18.3 Dumping trash and refuse and polluting waters pro- hibited. ~ 18.4 Operation of vehicles. ~ 18.5 Conduct; acts prohibited. ~ 18.6 Alcoholic Beverages. ~ 18.7 Park hours. ~ 18.8 Closing parks or sections thereof. ~ 18.9 Exclusive use, extended use, permits, fees, and deposits. Sec. 18.1 Definitions. For the purposes of this chapter the following words are defined as follows: (1) "City" means the City of Gilroy. (2) "Director" means the director of parks and recreation. (3) tfPark" means a park, reservation, playground, swimming pool, recreation center or any other area in the city, owned or used by the city and devoted to active or passive recreation. (4) tfPerson" means any person, firm, partner- ship, association, corporation, company or organi- zation of any kind. (5) IIVehicle" means any wheeled conveyance, whether motorpowered, drawn, or self-propelled, of any size, kind or description except for baby carriages and vehicles in the service of the city. -1- ORDINANCE NO. 1008 Iniurb to or nuisance to park property prohi ited. No person shall: Sec. 18.2 (a) Injure, mark, deface, remove nor tamper with any structure, sign, pavement, equipment or other facility or improvement in a park. (b) Injure, molest, chase, kill, capture, propel missiles at nor offer a noxious substance to any animal, bird, fish or reptile, nor injure, remove or tamper with its eggs, nest or burrow, in a park, except that known poisonous reptiles such as rattle- snakes may be killed on sight. (c) Injure, mark, deface, remove or tamper with any tree shrub, plant, flower, berry, seed or lawn in a park, nor attach any rope, wire, or other contri- vance to any tree or plant. (d) Injure, mark, deface, remove or tamper with sand, soil, stones, fallen timber or other natural landscaped materials in a park. Dumhi~g trash and refuse and polluting waters pro i ited. No person shall: Sec. 18.3 (a) Dump, deposit or leave any trash or refuse anywhere in a park except in receptacles provided for that purpose. If receptacles provided are insufficient to accommmodate trash and refuse, the person responsible for its presence in the park shall remove it for proper disposal elsewhere. (b) Discard or discharge any solid or liquid sub- stance or pollutant into any fountain, pond, lake, stream or similar waters, nor into a drain discharging into such waters, in a park. Sec. 18.4 Operation of vehicles. No person shall: (a) Operate a vehicle in violation of posted stop, direction and other traffic signs, nor in ex- cess of ten miles per hour in a park, except that the maximum speed on designated park roads shall be as posted. (b) Operate a vehicle in any area other than paved park roads and parking lots, nor park a vehicle in other than a designated permanent or temporary parking area in compliance with posted directions and the instructions of traffic or parking attendants. (c) Ride a bicycle other than on the right edge of a paved park road or single file on a designated bicycle path. Bicycles may be pushed or wheeled over pedestrian trails or lawns. (d) Cyclists shall not ride any other person on their bicycles, shall pass to the left of over- taken vehicles and to the right of approaching vehicles, shall give directional hand signals and shall at all times operate their vehicles with due regard for the safety of other persons. -2- ORDINANCE NO. 1008 Sec. 18.4 continued (e) Park a bicycle other than in a bicycle rack if available, nor at any time lean a bicycle against a tree or shrub, nor leave it lying on a lawn or paved area or other location where other persons may trip over or be injured by it. Sec. 18.5 Conduct; acts prohibited. No person in a park shall: (a) If over eight (8) years of age, use a rest- room designated for the opposite sex. (b) Enter any area posted for non-admittance or non-use by the public. (c) Erect, construct, install or post any structure, wire, pipe or sign of any kind whatsoever without prior written permission of the Director. (d) Climb upon any tree, structure, monument or fixture not designated for such use. (e) Swim or wade, except in pools or areas designated for that purpose. (f) Kindle a fire, except in facilities speci- fically provided for that purpose, nor leave a picnic or other area before a fire is completely extinguished. (g) Gamble nor participate in a game of chance for any thing of value. (h) Bring into a park, nor permit to enter, any animal, fowl or reptile, except that a dog secured on a leash not more than six feet in length shall be permitted on the condition that the owner and person having cus- tody shall be responsible for any damage caused by such dog. (i) Bring into, nor have in his possession, nor set off, fire or discharge any firearm, weapon, pellet gun, explosive or fireworks. (j) Sell, or offer for sale, any merchandise, article or thing withot prior written permission of the Director. (k) Claim exclusive use of, prevent the use by others of, nor reserve for use any park area without prior written permission of the Director. (1) Engage in loud, boisterous, threatening, abusive, insulting or indecent language, nor engage in any disorderly conduct or behavior tending to a breach of the peace, and a person so behaving shall vacate the park at the request of a park attendant or peace officer. (m) Sleep on park benches or furniture. (n) Use any park area or facility for an unreason- able time when facilities are congested or crowded; park attendants shall have the authority to regulate and limit use of facilities for the ~aximum use and enjoyment of all, and visitors shall comply with directions given to achieve this end. (0) Practice golf, fly model airplanes, or engage in any other activity which may be hazardous to other persons or property except in designated areas. -3- ORDINANCE NO. 1008 Sec. 18.6 Alcoholic Beverages. No person shall consume alcoholic beverages in a park except in established picnic areas. Sec. 18.7 Park hours. Parks shall be closed from 11:00 PM to 6:00 AM, and no person shall enter or remain in a park during those hours without prior approval of the Director. Sec. 18.8 Closing parks or sections thereof. Any park or any section or area of a park may be closed to the public by the Director for such times or intervals or uses as the Director shall find necessary for proper maintenance, control or administration of parks and facilities. Sec. 18.9 Exclusive use, extended use, permits, fees and deposits. - Permits for exclusive or extended use of park areas, the fees, if any, to be charged therefore, the amounts of damage and cleaning deposits required and the content of applications for such permits shall be as determined by resolution of the city council, and shall be administered by the Director. SECTION II: All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION III: This ordinance shall take effect and be in force thirty (30) days from and after its passage and approval. PASSED AND ADOPTED this 19th day of February, 1974, by the following vote: AYES: COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: SILVA APPROVED: ?~~ ATTEST: /.- Lt. . / I /; . . . " , .-, -~. J ~""-~ ( ... . (. ",,,-, C___ ' C rL-<--:{t"--' Deputy C. ty Clerk -4- ORDINANCE NO. 1008 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No.1008 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of February ,19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offici I seal of the City of Gilroy, this 11th day of March ''; ) {I} d17JZ Ii- ,/ '/ Clerk of the , 19 l!L. r!t/)V1~~l; G i 1 roy (S ea 1)