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HomeMy Public PortalAboutOrdinance 43541111/ ORDINANCE NO. 435 4111110 AN ORDINANCE OF THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. REGULATING CONDUCT IN PUBLIC PARKS; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA: SECTION 1: SHORT TITLE. This Ordinance shall be known and may be cited as the " Ordinance Regulating Conduct in Public Parks". SECTION 2: DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the contex, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include plural number. The word "shall" is always mandatory and not merely directory. (1) " City" is the City of Beaumont. (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, association, corporation, company or orginization of any kind. (5) "Vehicle" is any wheeled conveyance, whether motor powered, animal -drawn, or self-propelled. The term shall include any trailer in tow of any size, kind or discription. Exception is made for baby carriages and vehicles in the service of City parks. SECTION 3: PARK PROPERTY. No person in a park shall: (1) BUILDING AND OTHER PROPERTY. (a) Disfiguration and Removal. Wilfully mark, deface, disfigure, injure, tamper with, or remove, any building, bridge% tables, benches, fireplaces, railing, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monument, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurten- ances whatsoever, either real or personal. (b) Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of four (4) 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, rocks, stones, trees, shrubs or plants, downtimber or other wood or materials, or make any excavation by tool, equip- ment, blasting, or other means or agency. (d) Erection of Structures. Construct or erect any building or structure of any Kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such land, except on special written permit issued hereunder. (2) TREES, SHRUBBERY, LAWNS. (a) Injury and Removal. Damage, cut, carve transplant or remove any trees or plants 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 plant. A person shall not dig in or otherwise disturb grass areas, or in any 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, fencesor guncarriage 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, 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 rattle snakes, moccasins, coral snakes, or other deadly reptiles, may be killed on sight. (b) Feeding. Give or offer, or attempt to give any animal or bird any, alcohol or other known noxious substances. SECTION 4: SANITATION. No pe-rsoa in a park shall: (1) Throw, discharge, or otherwise place or cause to place in the waters of any fountain, pond, lake, stream, bay or ocher body of water in or adjacent to any parh or any tributary, stream, storm sewer, or drain flow- ing into such waters, any substance, mattetr o: thing, liquid or solid, which will or nay 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 are not so provided, all such rubbish or waste shall be carried away from the park by the person responsibie,for its presence, and properly disposed of elsewhere. SECTION 5: TRAFFIC. No person. in a park shall: (1) State Mow!: Vehicle Laws 4.1)17. Fail to comnly 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 RFO7LATYN Fail to obey all traffic officers and park employees, such person being hereby authorized and instructed to direct traffic whenever and whereever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of thee regulations and such supplementary regulations as may be issued subsequently by the Director. (3) 011ty_IEaffic Signs. Fail to observe carefully all traffic signs indicat- ing speed, direction, caution, stopping, or parking,and all others posted for proper control and to safeguard life and property. (4) Speed of Vehicles. Ride or drive a vehicle at a rate of speed exceeding 5- FIVE miles an hour, except upon such roads as the director may designate, by posted signs, for speedier travel. (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) Parkingl. (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 14(TEN)minutes. No stopping or parking is permitted even briefly on the left hand side of any road or driveway. (c) Immovable Vehicles. Leave any vehicle anywhere in the park with one or more wheels chained, or with motor set in gears and doors locked, or in any manner fixed or arranged 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 ONE HUNDRED feet from both front and rear on any driveway or road area except legally established parking area. (e) Double -Parking. Double-park any vehicle on any road or parkway unless directed by a park official. (f) Emergency Procedure. Fail to immediately notify an attendant of an emergency in the nature of a breakdown requiring the assistance of a tow - truck, mechanic or other person. • (g) Muffler Required. Fail to use a muffler adequate to deaden the sound of the engine in. a motor vehicle. (7) Bicycles. (a)Confined to a Road. Ride a bicycle on other than a paved vehicular road or path designated for tht.lt ?urPose . A bicyclist shall be permit-VM'i-o 3 wheel or push a bicycle by hand over any grassy area or wooden 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 permit, and bicycle shall be kept in 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 vehicle 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 FIVE minutes after sunset or before FIVE minutes before sunrise without an attached headlight plainly visible at least (200) TWO HUNDRED feet in front , and without a red tail light or red reflector plainly visible from at least (100) ONE HUNDRED feet from the rear of, such bicycle. SECTION 6: RECREATIONAL ACTIVITIES. Na person in a park shall. (1) Bathing and Swimming. (a) Designated Areas. Swim, bath, 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 place designated for the pur- pose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the Director for such purposes for each individual 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 park except within the limits of designated bathing place or areas, and all bathing costumes shall conform to commonly accepted standards. (d) Bath -House. Dress or undress on any beach, or in any vehiclg, toilet or other place, except in such bathing houses of structures as may be provided for that purpose. (2) Hunting and Firearms. Hunt trap or pursue wild life at any time. No person shall use, carry, or possess firearms of any description, or air -rifles, spring -guns, bow-and-arrows,sling or any other forms of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park area from beyond park boundaries is forbidden. (3) Picnic Areas and Use. (a) Regulated. Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to eegulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience 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 follow generally the rule of "First come, first served." (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 unreasonable time if the facilities are crowded. (d) Duty of Picnicker. Leave a picnic area before the fire is complet- ely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal recep- tacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnic- ker to be properly disposed of elsewhere. (4) Camping. Camp in other than permanent cabins for organized camping, provided by the Director and used by groups of persons under adequate supervision. No person shall set up tents, shacks, or any other tempor- ary shelter for the purpose of overnight camping, nor shall any person 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 the like. ( 3)-.E'3s u'. Ce .1 ,.;:t in pia) a) I any games involving thrown o:" oti,,. gise propelled objects such ? ? a , s o:a i. a ro s, 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, baseball 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 pastime. (6) Horseback Riding. Ride a horse except on designated bridle trails. Where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub. (7) 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 ad- jacent 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 stand -points. (8) 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 word "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 SIX feet in length. (9) Reservation of Facilities. Occupy any seat or bench, or enter into or loiter or remain in any pavillion 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 FOUR years of age. (10) Dress. appear in any place in other than proper clothing. With the exception of the restricted bathing areas, "properly clothed" shall be const- rued to prohibit the wearing of trunks or clothing that does not cover the upper portion of the body. (11) Alms. Shall solicit alms or contributions for any purpose, whether public or private. (12) 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. (13) 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. (14) Games of Chance. Gamble, or participant in or abet any game of chance. (15) Going on Ice. Go'onto the ice on any of the waters except such areas as are designated as skating fields, and provided a safety signal is displayed.. (16) _LOiter3n..and Boisterousness, Sleep or protractedly lounge on the seats, or benches; or other areas, or engage in loud, boisterous, threatening abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a brach of the public peace. (17) Exhibit Permits. Fail to produce and exhibit any permit from the Director he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule. (18) Interference with Permittees. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity under the authority of a permit. (19) Vending and Peddling. Expose or offer for sale any article or thing, not shall he station or place any stand cart, or vehicle for the transportat- ion, sale or display of any suchasrtic.le or thing. Exception is here made as i r nr e.: , once` au _i ' fegi.'.z L_ o on c.,1= Di rect o r . (20) Signs. Past, 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. SECTION 7: PARK 0?ERATING POLICE. the (1) Hours. Except for unusual and unforeseen emergencies, park shall be open to the public every day of the year during designated hours. The opening and closing hours for 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 temporaarily or at regular and:stated intervals (daily or other- wise) and either entirely or merely to certain uses, as the Director shall find reasonably necessary. (3) Lost and Found Articles. The finding of lost articles by park attendants shall be reported to the Director who shall make every reason- able effort to locate the owners. The Director shall make every reason- able effort to find articles reported as lost. 4(A) Application. A person seeking issuance of a permit hereunder shall file an application with the appropriat Director. The application shall state: (a--1) The name and address of the applicant; (a-2) The name and address of the person, persons, corporation or association sponsoring the activity, if any; (a-3) The day and hours for which the permit is desired; (a-4) The park or portion thereof for which such permit is desired; (a-5) An estimate of the anticipated attendance; (a-6) Any other information which the Director shall find reasonably necessary to a fair determination as to whether a permit should issue hereunder; (4) Permit. A permit shall be obtained icipating in the following (b) Standards for Issuance. The when he finds: from the appropriate Director before part - activity: Director shall issue a permit hereunder (b-1) That the proposed activity or use of the park will not unreason- ably interfere with or detract from the general public enjoyment of the park; (b-2) That the proposed activity and use will not unreasonably inter- fere with or detract from the promotion of public health, welfare, safety and recreation; (b-3) That the proposed activity or use is not reasonably anticipated to incite violence, crime. or disorderly conduct. (b-4) That the proposed activity will not entail unusual, extr'aodinary or burdensome expense or police operation by the City; (b-5) That the facilities desired have not been reserved for other use at the day and hour required in the application. (c) Appeal. Within 10 TEN days after receipt of an application the Director shall apprise an application in writing of his reasons for refusing a permit and any aggrieved person shall have the.right-.to appeal in writing within 10 TEN days to the City Council which shall consider the application under the standards set forth in subsection (b) hereof and sustain or overrule the Directors decision within 20 TWENTY days. The decision of the City Council shall be final. (d) Liability of Permittee. The person or persons to whom a permit is issued shall be lible for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. (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) Revocation. The Director shall have the authority to revoke a permit upon a finding of violation, of any rule or ordinance, or upon good cause shown. • SEC'jION 8: ENFORC:EMk (1) 4111/ (1) O:ficiaTs. The Director and park attendants shall, in connection with thair dutie, unposed by ai, diligently enforce the provisions of this Ordinance. (2) E_;ectment. The Director and any park attendant shall have the au- thority to eject from the park any person acting in violation of this Ordin- ance. (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. SECTION 9: PENALTIES. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding 100 -ONE HUNDRED dollars or be imprisoned in the County jail for a period not exceeding (30) THIRTY days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue, shall constitute a seperate offense and shall be punishable as such hereunder. SECTION 10: SEPARABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions hereof. SECTION 11: Ordinances repealed. ATTEST: 7-276u_ All Ordinance G, and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. PASSED AND ADOPTED this 27th day of March, 1972. City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF BEAUMONT ) Mayor of the City of Beaumont, California. I, MAE B. GOULARTE, City Clerk of the City of Beaumont do hereby certify that the foregoing Ordinance No. 435 was introduced and read at a regular meeting of the City Council of the City of Beaumont, duly held on the 13th day of March, 1972, and that the same was duly passed and adopted at a regular meeting of said City Council duly held on the 27th day of March, 1972, by the following vote: AYES: Councilman Rodeman, Ochoa, Valdivia, Hightower and Haskell. NOES: None. ABSENT: None. WITNESS my hand and the official seal of the City of Beaumont this_-2$th day of March, 1972. City Clerk of the City o Beaumont, California (SEAL)