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Ord 2212 - Amending Chapter 19 Parks and Recreation of the Los Gatos Town CodeORDINANCE 2212 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 19 PARKS AND RECREATION OF THE LOS GATOS TOWN CODE WHEREAS, the Parks and Public Works Department has been working on an update to Chapter 19, Parks and Recreation of the Town of Los Gatos Town Code to more accurately reflect current management and operation of the Town's parks, civic grounds and recreational open spaces; and WHEREAS, in developing the proposed update to the Parks and Recreation chapter of the Town Code, staff solicited community input and incorporated staff and Parks Commission input, including substantial feedback from the Town's Park Service Officers who are responsible for much of the daily administration of parks rules and regulations; and WHEREAS, the Town of Los Gatos is proposing to adopt and amend Chapter 19 Parks and Recreation of the Los Gatos Town Code to reflect current Town procedures and policies and to enhance clarity and improve readability. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. A. Town Code Chapter 19 shall be amended to read as follows: Chapter 19 PARKS AND RECREATION Article I. In General Sec. 19.10.010. Definitions, Sec. 19.10.015. Enforcement of chapter. Sec. 19.10.020. Certain acts prohibited within park property generally. Sec. 19.10.025. Behavior of persons within parks property generally. Sec. 19.10.027. Animals in parks. Sec. 19.10.030. Sanitation requirements. Sec. 19.10.035. Use of vehicles in parks. Sec. 19.10.037. Use of bicycles. Sec. 19.10.038. Use of skateboards, in -line skates, roller skates, or scooters. Sec. 19.10.040. Swimming or wading in parks. Sec. 19.10.045. Use of picnic areas in parks. Sec. 19.10.050. Advertising, sale of merchandise in parks. Sec. 19.10.055. Closing hours for parks; overnight activities prohibited. Sec. 19.10.060. Closing sections of parks. Article II. Parks Commission Sec. 19.20.010. Created Sec. 19.20.015. Reserved Article III. Park Facilities or Areas Use Permit Section 19.30.010. Required Section 19.20.013. Permit Guidelines and Fees Section 19.30.015. Application Section 19.30.020. Prerequisites to Issuance Section 19.30.025. Terms and Conditions Section 19.30.030, Revocation ARTICLE I. IN GENERAL Sec. 19.10.010. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Director. The Director of Parks and Public Works. Bicycle. A device, as defined in Sec. 231 of the California Vehicle Code, upon which a person may ride, propelled exclusively by human power through a belt, chain, or gears and having one or more wheels. Park. A tract of land held by the Town as owner, lessee, licensee, or held by another special district, intended by the Town Council as a place of public use. This includes trails, open space, wilderness areas and historic sites. This definition excludes the Civic Center Grounds. Smoking. Means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other similar substance in any manner or any form. Vehicle. Any device, as defined in Sec. 670 of the California Vehicle Code, by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power. Special Use Permit. A permit obtained from the Parks and Public Works Department for the temporary, exclusive or special use of any park. Sec. 19.10.015. Enforcement of chapter. The Director, or any Parks and Public Works staff designated by the Director, shall be responsible for the enforcement of the provisions of this section and of any rule promulgated hereunder. 2 Sec. 19.10.020. Certain acts prohibited - within park property generally. No person shall do any of the following within or upon park property: (1) Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, barbeques, railing, pathways, paving material, water lines or other public utilities or parts or appurtenances whatsoever, either real or personal. (2) Dig or remove any soil, rock, stones, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, or other means. This provision shall not apply to Town employees or their agents conducting business on behalf of the Town, or other activities specifically approved and authorized by the Director through granting of permits or other agreements. (3) Construct or erect any building, structure, or shelter of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands. This provision shall not apply to Town employees or their agents conducting business on behalf of the Town, or other activities specifically approved and authorized by the Director through the granting of permits or other agreements. (4) Damage, cut or carve, any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant; attach any rope, wire or other contrivance to any tree or plant; dig, plant, or otherwise disturb any area in general; or in any way injure or impair the natural beauty or usefulness of any areas. (5) Damage, injure, collect or remove any object of paleontological, archeological, or of historic interest or value. Sec. 19.10.025. Behavior of persons within park property generally. The following are prohibited within or upon park property: (1) Possession or consumption of any alcoholic beverage except beer and wine, and only as part of a picnic meal. The Director may restrict consumption of all alcoholic beverages including beer and wine from parks without picnic facilities. (2) Smoking within any park. (3) Except as provided for in Section 19.10.050, conduct any kind of commercial transactions. (4) Littering, soiling or defiling of park grounds, playgrounds, fields, parking lots, restrooms or other park facilities. (5) No person over five years of age shall use restrooms designated for the opposite sex. Children five and under may use restrooms designated for the opposite sex but only if accompanied by an adult. 3 (6) Use, carry, possess, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, rockets, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or any 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. (7) Make or kindle a fire for any purpose, except at places specifically provided for such purpose. (8) Dump or dispose of ashes, charcoal or other burning material except in places specifically provided for such purposes. (9) Engage in any disorderly conduct, behavior, or breach the public peace. (10) Use, carry or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially dangerous to human safety, wildlife, or capable of causing damage to property of natural resources. Shooting into park areas from beyond park boundaries is prohibited. (11) Use or allow the use of powered model airplanes, helicopters, boats, automobiles, rockets or other powered model craft of any kind. (12) Remove glass, plastic, aluminum or other recyclable materials which have been segregated from other refuse, and placed in designated containers for purposes of collection and recycling. (13) Urinate or defecate in a park, outside of a public restroom. (14) Hit, chip or in any manner play or practice golf. (15) Climb any tree or walk, stand or sit upon any monuments, vases, fountains, railings, fences, or upon any other property not designated or customarily used for such purposes. (16) Walk or run other than on the right -hand side of a path, trail, or paved road. Walk or run more than two persons side by side or in a manner that endangers public property, or the health, safety, welfare or property of any person or animal. (17) Notwithstanding any other provisions of this Chapter, the Director may establish additional rules and regulations as may be necessary to protect park facilities and /or manage community access, including temporarily or permanently restricting access or use of park areas and park features. 11 Sec. 19.10.027. Animals in parks (1) The owner or person with the right to control any dog or animal shall keep such dog or animal under physical restraint by means of a leash not to exceed six feet in length at all times. Electronic or verbal commands do not meet leash requirements. This section does not apply to guide dogs, signal dogs or service dogs as defined in California Penal Code section 365.5. No person shall do any of the following: (2) Allow any dog or animal to defecate without immediately cleaning or removing the excrement to a trash can. (3) Ride, or lead any animal in a manner that endangers any person, animal or property, or risks the health, safety or welfare of any person or animal. Fail to observe all control devices indicating speed, direction, caution, and all other control devices posted for proper control. (4) Allow any animal within any playground or athletic fields. (5) Let lose any animal, reptile or fowl of any kind. (6) Hunt, feed, harm, or harass any animal; nor shall any person remove or have in possession any wild animals, eggs or nests. Sec. 19.10,030. Sanitation requirements. (1) No person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park, or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid which will or may result in the pollution or fouling of such waters, including dirt, debris, vegetation or other organic matter. (2) No person shall dump any garbage or waste originating outside the park within cans or other receptacles provided for park use within park areas. Sec. 19.10.035. Use of vehicles in parks. No person shall do any of the following: (1) Fail to comply with all applicable provisions of the California Vehicle Code pertaining to equipment and operation of vehicles. (2) Fail to comply with all provisions of the Town Code pertaining to equipment and operation of vehicles. E (3) Fail to obey park employees who are authorized and instructed to direct traffic in the parks in accordance with the provisions of this Section and such supplementary regulations as may be issued by the Director. (4) Fail to observe carefully all traffic control devices indicating speed, direction, caution, stopping or parking, and all other control devices posted for proper control and to safeguard life and property. (5) Drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such roads as the Director may designate by control devices posted for other speed requirements. (6) Drive any vehicle on any area except paved roads or parking areas, or such other areas as may be specifically designated as temporary parking areas by the Director. (7) Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there, and with the instruction of any park employee who may be present. (8) Park in any secured or unsecured park or parking lot between the hours of 10:00 p.m. and 7:00 a.m. of the following day. (9) Fail to pay an entrance fee where park attendants are stationed to collect such fees or mechanical devices are available for payment. Sec. 19.10.037. Use of bicycles. No person using a bicycle in any park shall do any of the following: (1) Fail to comply with all applicable provisions of California State Law and the Town Code pertaining to equipment and operation of bicycles, and any other regulations contained in this section or any other sections of the Town Code. (2) Fail to observe all traffic control devices indicating speed, direction, caution, stopping or parking, and all other control devices posted for proper control and to safeguard life and property. (3) Ride at a rate of speed exceeding fifteen (15) miles per hour, except where the Director may designate by posted signs for other speed requirements. (4) Ride other than on the right -hand side of a path, trail, or paved road. Ride more than two abreast or in a manner that endangers public property, or the health, safety, welfare or property of any person or animal. (5) Ride a bicycle in any parking lot, other than for access or for ingress /egress. (6) Operate a bicycle without wearing an approved helmet in compliance with California State law. Sec. 19.10.038. Use of skateboards, in -line skates, roller skates, or scooters. No person shall do any of the following: (1) Fail to observe all traffic control devices indicating speed, direction, caution, stopping or parking, and all other control devices posted for proper control and to safeguard life and property. (2) Move at a rate of speed exceeding fifteen (15) miles per hour, except where the Director may designate by posted signs for other speed requirements. (3) Operate a motorized skateboard or scooter. (4) Operate a skateboard, scooter, skates or in -line skates in park parking lots, other than for access or ingress /egress. (5) Ride or propel other than on the right -.hand side of the path, trail, or paved road. Ride or propel more than two abreast or in a manner that endangers public property, or the health, safety or welfare of any person or animal. (6) Operate a skateboard, in -line skates, roller skates, or scooters without wearing an approved helmet in compliance with California State law. Sec. 19.10.040. Swimming or wading in parks. No person in a park shall swim, bathe, or wade in any stream, pond, lake, or fountain in or on a Park. However, playing in the interactive fountain located within the downtown Town Plaza Park is allowed. Sec. 19.10.045. Use of picnic areas in parrs. Park employees shall have the authority to regulate the activities in such areas, when necessary to prevent congestion and crowding, and to secure the maximum use of the park facilities for the comfort and convenience of all. Park users shall comply with any directions given to achieve this end. Each group picnic area is limited to 50 people. Sec. 19.10.050. Advertising, sale of merchandise in parks. No person shall do any of the following without obtaining a special use permit: (1) Display or offer for sale any article or thing; nor shall such person station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing on park property. (2) Announce, advertise or call the public attention in any way to any article or service for sale or hire. 7 (3) Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription. Sec. 19.10.055. Closing hours for parks; overnight activities prohibited. No person shall do any of the following without a special use permit: (1) Remain in, or enter any park, before official sunrise or after one -half hour after official sunset. For any park with posted opening and /or closing times, no person shall enter or remain in any park before or after any posted opening or closing time. (2) Overnight activities, including camping, are expressly prohibited. Sec. 19.10.060. Closing of sections of parks. Any section or part of a park may be 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 may reasonably find necessary. ARTICLE II. PARKS COMMISSION Sec. 19.20.010. Created. The Town Council shall establish a Parks Commission for the Town by resolution. See. 19.20.015. Reserved. ARTICLE III. PARK FACILITIES OR AREAS USE PERMIT Section 19.30.010. Required. A permit shall be obtained from the Parks and Public Works Department for the temporary, exclusive or special use of any park facility or area by any organized group. Section 19.30.013. Permit Guidelines and fees (1) The Director shall establish a use permit application process, including any such procedures and guidelines as may be necessary to manage and schedule temporary, exclusive or special uses of any park. Only parks designated in the guidelines may be used for temporary, exclusive or special uses. (2) Permit fees shall be charged as set forth in the most recently adopted Town of Los Gatos Comprehensive Fee Schedule. Section 19.30.015. Application. A person seeking issuance of a permit under Section 19,30.010 shall file and complete a special use permit application with the Parks and Public Works Department and pay any and all required fees and deposits. For evening use of the Oak, Meadow bandstand, a Special Event Permit is required through the Police Department under Section 14.100.025. Section 19.30.020. Prerequisites to issuance. The Parks and Public Works Department shall issue a permit under Section 19.30.010 when the following has been determined: (1) That the proposed activity and use will not unreasonably interfere with, or detract from, the promotion of public health, welfare, safety and recreation. (2) That the proposed activity or use is not unreasonably anticipated to incite violence, crime or disorderly conduct. (3) That the proposed activity or use will not entail unusual, extraordinary or burdensome expense to police operation. (4) That the facilities desired have not been reserved for other use at the day and hour required in the application. Section 19.30.025. Terms and conditions. (1) The permitee under Section 19.30.010 shall be bound by all park rules and regulations and all applicable Town ordinances where not expressly approved by Permit. (2) The permitee shall be liable for any loss, damage or injury sustained by the Town or by any person. Section 19.30.030. Revocation. The Parks and Public Works Department shall have the authority to revolve a permit under Section 19.30.010 upon a finding of a violation of any of the provisions of this chapter or any other ordinance of the Town, or of any rule promulgated hereunder, or upon good cause shown. CF.C''TTCIN IT In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be severed from the remaining portions which shall remain in full force and effect. 7 SECTION III. The Town Clerk Administrator is directed to post and /or publish a summary of this Ordinance as required by law. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on January 22, 2013, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council on February 4, 2013. This ordinance shall take effect 30 days after the date it is adopted. COUNCIL MEMBERS: AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynski, and Mayor Barbara Spector NAYS: ABSENT: ABSTAIN: ATTEST: jwak"- CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA dVq MAYOR OF THE TOWN OF LOS GATOS 10 XOS, CALIFORNIA