Berkeley Municipal Code Ch. 6.42 Public Parks and Open Space Preservation

That no public parks (hereinafter defined) or public open space (hereinafter defined) owned or controlled or leased by the City or agency thereof, shall be used for any other purpose than public parks and open space, without the Berkeley City Council first having submitted such use to the citizens for approval by a majority of registered Berkeley voters voting at the next general election; except that such voter approval is not required for temporary use of public parks or public open space for other purposes, if a state of emergency has been declared by the Governor of the State of California under the California Emergency Services Act, Government Code Sections 8550 et. seq or by the President of the United States of America under equivalent federal law and the City Council determines that such alternative use is necessary to protect public safety within the City. Said alternative use shall be temporary and of a reasonable duration in light of the nature of the emergency and in no event shall exceed one year without voter approval. (Ord. 6355-NS, 1996; Ord. 5785-NS § 1, 1986)

A. That wherever public parks and open space currently exist in Berkeley, such use shall continue and be funded at least to allow the maintenance of the present condition and services.

B. That all undedicated or unimproved open space owned or controlled by the City of Berkeley (including land held by the City in trust) shall be retained and funded by the Berkeley City Council to enable public recreational use of those lands.

C. That those census tracts containing less than the master plan provision of two acres of parks and open space per one thousand population shall be singled out as having a high priority for funding the acquisition, development and maintenance of parks and recreational facilities. (Ord. 5785-NS § 2, 1986)

A. "Public parks" shall be defined as City of Berkeley parks, public school playgrounds or lands held in trust by a public entity, which have been formally dedicated to permanent recreational use by the City of Berkeley, and funded for recreational use by City of Berkeley public funds.

B. "Public open space" shall be defined as all City of Berkeley parks, public school playgrounds, and vacant public land, whether dedicated formally to park use or being used de facto as open space with recreation use or potential use on or after January 1, 1985. (Ord. 5785-NS § 3, 1986)

A. If the petition accompanying this proposed ordinance is signed by the number of voters required by the Berkeley City Charter, Article XIII, Section (3) or (4) or (5), the Berkeley City Council is hereby directed to submit this ordinance forthwith to the vote of the people pursuant to the appropriate charter section that applies to the highest number of voter signatures certified by the City Clerk, unless the council passes this ordinance pursuant to the Charter, Article XIII, Section (3)(a). (Ord. 5785-NS § 4, 1986)

A. Upon passage of this initiative, all actions taken on or after January 1, 1985, by the Berkeley City Council, Housing Authority, or any agency of the City of Berkeley, which contravene the provisions herein shall be declared null and void.

B. Upon passage of this initiative, all actions, even administrative, taken by the Berkeley City Council, or Housing Authority or agency of the City of Berkeley occurring after the date this initiative is certified for placement on the next occurring general election ballot, which actions are not in full conformity with this ordinance, shall be declared null and void. (Ord. 5785-NS § 5, 1986)