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HomeMy Public PortalAboutOrdinance 61-55ORDINANCE NO. 61 -55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, REGU- LATING THE CONDUCT IN PUBLIC PARKS; PROVIDING FOR ENFORCEMENT THEREOF; and PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS F0LL0 °4S : The Municipal Code of the City of Temple City, California, is hereby amended by adding Chapter 6 to Article ill which chapter shall read as follows: 3700. Definitions. For the purposes of this chapter the following terms phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "Shall" is always mandatory and not merely directory. 1. "City" is the City of Temple City, California. 2. "Director" is a person immediately in charge of any park area and its activities, and to whom all park attendants of such area are responsible. 3. "Park" is a park, reservation, playground, beach, recreation center or any other area in the City owned or used by the City, and devoted to active or passive recreation. 4. "Person" is any person, firm, partnership, associa- tion, corporation, company or organization of any kind. 5. "Vehicle" is any wheeled conveyance, whether motor powered, animal -drawn or self - propelled, including bicycles. The term shall include any trailer in tow of any size, kind or de- scription. Exception is made for baby carriages and any vehicles in the service of the City parks. 3701. Park Property. No person in a park shall: 1. Buildings and Other Property. a. Disfiguration and Removal. Wilfully mark, deface, . disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or ap- purtenances thereof, signs notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. b. Restrooms and Washrooms. Fail to cooperate in main- taining restrooms and washrooms in a neat sanitary condition. No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex. c. Removal of Natural Resources. Dig or remove any beach sand whether submerged or not, or any soil, rock, 146 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. d. Erection of Structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special written permit issued hereunder. 2. Trees, Shrubbery, Lawns. a. Injury Removal or Planting. Damage, cut, carve, plant, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person 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 the natural beauty or usefulness of any area. b. Climbing Trees, etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences or gun carriages or upon any other property not designated or customarily used for such purposes. c. Hitching of Animals. Tie or hitch a horse or other animal to any tree or plant. 3. Wild Animals, Birds, Etc. a. Hunting. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird; nor shall he collect, remove, have in his possession, give away, sell or offer to sell, or buy or offer to buy, or accept as a gift, any specimen alive or dead of any of the group of tree snails. Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattlesnakes, moccasins, coral snakes, or other deadly reptiles, may be killed on sight. b. Feeding. Give or offer, or attempt to give to any animal or bird or reptile any tobacco, alcohol or other known noxious substances. 3702. Sanitation. No person in a park shall: 1. Pollution of Waters. Throw, discharge or other- wise place or cause to be placed in the waters of any fountain or pond or other body of water in or adjacent to any park or any storm sewer, or drain flowing into such waters, any sub - stance,matter or thing, liquid or solid, which will or may result in the pollution of said waters. 2. Refuse and Trash. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof, but shall be placed 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 re- sponsible for its presence and properly disposed of elsewhere. 2 147 3703. Traffic. No person in a park shall: 1. State Motor Vehicle Laws Apply. Fail to comply with all applicable provisions of the state motor vehicles traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this and other ordinances. 2. Enforcement of Traffic Regulations. Fail to obey all traffic officers and park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immedi- ately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the Director. 3. Obey Traffic Signs. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping, or parking, and all others posted for proper control and to safe- guard life and property. 4. Speed of Vehicles. Ride or drive a vehicle at a rate of speed exceeding 10 miles per hour. 5. Operation Confined to Roads. Drive any vehicle on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the Director. 6. Parking. a. Designated Areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there at and with the instructions of any attendant who may be present. b. Full- Parking. Full -park on the road or driveway at any time. In order to enjoy some special natural scenic feature, vehicles may be parked with the two left wheels near the right edge of the paving for not more than 30 minutes. No stopping or park- ing is permitted even briefly on the left -hand side of any road or driveway. c. Immovable Vehicles. Leave any vehicle anywhere in the park so that such vehicle cannot readily be moved by hand. d. Night Parking. Leave a vehicle standing or parked at night without lights clearly visible for at least 50 feet from both front and rear on any driveway or road area except legally established parking areas. No private vehicle shall be parked in any park area between the hours of 2:00 a.m. and 5:00 a.m. without the express written consent of the Director. No trucks shall remain standing upon any park property more than three hours without express written consent of the director. e. Emergency Procedure. Fail to immediately notify an attendant of an emergency in the nature of a breakdown re- quiring assistance of tow - truck, mechanic or other person. f. Double - Parking. Double -park any vehicle on any road or parkway unless directed by a park official. 3 148 g. Muffler Required. Fail to use a muffler ade -. quate to deaden the sound of the engine in a motor vehicle. 7. Bicycles. a. Confined to Road. Ride a bicycle on other than a paved vehicular road or path designated for the pur- pose unless pursuant to a supervised activity approved in writing by the Director or by the Temple City Department of Recreation. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use. b. Operation. Ride a bicycle other than on the right -hand side of the road paving as close as conditions per mit, and bicycles shall be kept in a single file when two or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns pass to the right of any vehicle they are overtaking, and pass to the right-of any vehicles they may be meeting. c. Rider Prohibited. Ride any other person on a bicycle. d. Designated Racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available. e. Immobile. Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by them. f. Night Operation. Ride a bicycle on any road between 30 minutes after sunset or before 30 minutes before sunrise without an attached headlight plainly visible at least two hundred (200) feet in front of, and without a red tail- light or red reflector plainly visible from at least one hundred (100) feet from the rear of such bicycle. 3704. Recreational Activities. No person in the park shall; 1. Bathing and Swimming. a. Designated Areas. Swim, bathe or wade in any waters or water -ways in or adjacent to any park, except in such . waters and at such places as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous or otherwise inadvisable. b. Certain Hours. Frequent any waters or places designated for the purpose of swimming or bathing, or congre- gate thereat, except between such hours of the day as shall be designated by the Director for such purposes for each individ- ual area. c. Costume. Allow himself to be so covered with a bathing suit as to indecently expose his person or call forth merited criticism. No person shall appear in bathing costume at any place in the parks except within the limits of designa- ted bathing places or areas, and all bathing costumes shall conform to commonly accepted standards. 4 149 d. Bath - Houses. Dress or undress in the park, or in any vehicle, toilet or other place, except in such structures as may be provided for that purpose. 2. Hunting and Firearms. Hunt, trap or pursue wild life at any time. To person shall use, carry or possess fire- arms of any descri blefi, or air- •:ri.fics, spring -guns, bow-and- arrows, slings or ether forms of 11,.a-ocns potentially inimical to wild life and a.a, ::c;,:^„ Is to IT.urilan safety, or any instrument that can be loaded wi ch and f i-re blarlc cartridges, or any kind of trapping device .1eXCEPT such activities as shall be ap- proved in writing by the, Director or by the Temple City De- partment of Recreation. Shooting into park areas from beyond park boundaries is forei.dden. 3. Picnic Areas and Use. a. Regula Lod. Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate; the activities in such areas when necessary to prevent cone ;estion and to secure the maximum use for the comfort and coevenience of all. Visitors shall comply with any directions given to achieve this end. b. Availability. Violate the regulation that use of the individual fireplaces together with tables and benches follows generally the rule of "first come, first served," sub- ject to the exception that the Department of Recreation may designate and reserve tables in accordance with such rules of practice as said Department shall adopt, but which rules shall be subject to such change, addition or modification as the City Council of the City of Temple City shall by resolution adopt. c. Non - exclusive. Use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an un- reasonable time if the facilities are crowded. d. Duty of Picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picknicker to be properly disposed of elsewhere. 4. Camping. No person shall set up tents, shacks or any other temporary shelter for the purpose of overnight camp- ing, nor shall any perscn leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as house-trailer, camp - trailer, camp -wagon or tho like EXCEPT upon the written approval . of the Department of Recreation. 5. Games. Take part in or abet, the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, base- ball and quoits is prohibited except on the fields and courts or areas provided therefor, Roller - skating shall be confined to those areas specifically designated for such past -time. 6. Horseback Riding. Ride a horse. 5 150 3705. Behavior. No person in a park shall: 1. intoxicating Beverages. a. Prohibition. Have brought alcoholic beverages nor shall any person drink alcoholic beverages at any time in the park. b. Drunkenness. Have entered or be under the in- fluence of intoxicating liquor or narcotics, both as defined by the Penal Code of the State of California. 2. Fireworks and Explosives. Brought, or have in his possession or set off or otherwise cause to explode or discharge or burn, any firecrackers, torpedo, rocket or other fireworks or explosives of inflammable material or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. 3. Domestic Animals. Have been responsible for the entry of a dog or other domestic animal into areas other than automobile parking concourses and walks immediately adjacent thereto, and in such other areas as may be clearly marked by signs bearing the words "Domestic Animals Permitted in This Area." Nothing herein shall be construed as permitting the running of dogs at large.. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than 4 feet in length. 4. Reservation of Facilities. Occupy any seat or bench, or enter into or loiter or remain in any pavilion or other park structure or section thereof which may be reserved and designated by the Board for the use of the opposite sex. Exception is made for children under 6 years of age. 5. Dress. Appear at any place in other than proper clothing. 6. Alms. Shall solicit alms or contributions for any purpose, whether public or private except that the Department of Recreation may in writing approve "passing the hat" at Little League baseball games and such other solicitation as the Depart- ment of Recreation shall deem worthwhile. 7. Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Director. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any highway, road or street abutting or contiguous thereto. 8. Closed Areas. Enter an area posted as "Closed to the Public," nor shall any person use, or abet the use of any area in violation of posted notices. 9. Games of Chance. Gamble or participate in or abet any game of chance. 10. Loitering and Boisterousness. Engage in loud, boisterous, threatening, abusive, insulting or indecent 151 language, or engage in any disorderly conduct or behavior tend -. ing to a breach of the public peace. 11. Exhibit Permits, Fail to produce and exhibit any permit from the Director :. c, la,'.:..; to have, upon request of any authorized pe.rscn who shs:J.:!_ >; ° .; to inspect the say e for the purpose of enforcing comic ,.ne. : :. vx:;_th any ordinance or rule. 12. Interf �.rence' 'r? r.i, '_ Nmi ttee:; . Disturb or interfere unreasonably with U.` y per;: : rty oct_.upyicc; any area or par- ticipating in any a tivit;, , ,21 ; '.- the au;;hori ty of a permit. 3706. Merrhandis9..n;_., and Signs. No person in a park shall: 1. Vending and Peddling. 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. Exception is here made as to any concession- aire who may be authorized in writing to so act under the auth- ority and regulation of the Director. 2. Advertising. Announce, advertise or call the public attention in any way to any article or service for sale or hire. 3. Signs. 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 on any public lands or highways or roads adjacent to a park. 3707. Park Operating Policy. 1. Hours. Except for unusual and unforeseen emergen- cies or specific holidays designated by the Director after ap- proval by the City Council parks shall be open to the public every day of the year during designated hours. The opening and closing of each individual park shall be posted therein for public information. 2. Closed Areas. Any section or part of any park 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 merely to certain uses, as the Director shall find reasonably necessary. 3. Lost and Found Articles. The finding of lost arti- cles by park attendants shall be reported to the Director who shall make every reasonable effort to locate the owners. The Director shall make every reasonable effort to find any articles reported as lost. After holding lost articles for a period of 30 days the Director may dispose of same to any charitable or- ganization of his selection. 4+. Permit. A permit shall be obtained from appropriate Director before participating in the following park activity: a. Application. A person seeking issuance of a permit hereunder shall file an application with the appropriate Director. The application shall state: (1) The name and address of the applicant; . (2) The name and address of the person, persons corporation or association sponsoring the activity, if any; 7 152 (3) The day and hours for which the permit is desired; (4) The park or portion thereof for which such permit is desired; (5) An estimate of the anticipated attendance; (6) Any other information which the Director shall find reasonably neccessary to a fair determination as to . whether a permit should issue hereunder. b. Standards for Issuance. The Director shall issue a permit hereunder when he finds: (1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park; (2) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; (3) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct. (4) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the City. (5) That the facilities desired have not been reserved for other use at the day and hour required in the application. c. Fee, A, fee shall be paid in such amount as shall be set by the City Council in a resolution adopted by the City Council at a regular meeting. d. Appeal. Within 10 days after receipt of an applica- tion the Director shall apprise an applicant in writing his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within 10 days to the City Council, which shall consider the application under the Stand- ards set forth in section (b) hereof and sustain or overrule the Director's decision within 30 days. The decision of the City Council shall be final. e. Effect of Permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits. f. Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negli- gence of the person or ,persons to whom such permit shall have been issued. g. Revocation. The Director shall have the authority to revoke g. permit upon a finding of violation of any rule or ordinance, or upon good cause shown. 3708. Public Storage. The Director of Parks is hereby authorized to provide on an as available basis storage for pri- vate personal property used in connection with the use of park facilities, but any personal property so stored shall be without 8 153 1 liability of the City for any loss or damage which may occur. 3709. Enforcement. 1. Officials. The Director and park attendants shall in connection with their duties imposed by law, diligently en- force the provisions of this Ordinance. 2. Ejectment. The Director and any park attendant shall have the authority to eject from the park any person acting in violation of this Ordinance. 3. Seizure of Property. The Director and any park attendant shall have the authority to seize and confiscate any property, thing or device in the park, or used, in violation of this Ordinance. PASSED and ADOPTED by the City Council of the City of Temple City at a regular meeting thereof held this 27th day of November , 1961, by the following roll call vote: ATTEST: AYES: Councilmen :Buchan, Fitzjohn, Merritt, Tyrell, Dickason NOES: Councilmen :None ABSENT: Councilmen :None Clerk of the City of Temp City, California Mayor of the Ci y of Temple City, California STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF TEMPLE CITY ss I, Marjorie A. Woodruff, do hereby certify that I have been duly appointed Deputy City Clerk of the City of Temple City, California, and that the foregoing Ordinance No. 61 -55 was introduced at a regular meeting of the City Council held on November 14, 1961, and adopted at a regular meeting of the City Council held on November 27, 1961, by the following roll call vote: AYES: Councilmen- Buchan, Fitzjohn, Merritt, Tyrell, Dickason NOES: Councilmen -None ABSENT: Councilmen -None L. Dated: November 27, 1961 6-L.c.-62 a J=.29-41. Deputy/City Clerk of the C!7t'f of Temple'City, California 9 154