(A) Definition. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE SOLICITATION.
(a) Disturbing to residents and businesses and contributes to the loss of access to enjoyment of public places and to a sense of fear, intimidation and disorder;
(b) Approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact or the intentional blocking of pedestrian and vehicular traffic; and
(c) The presence of individuals who solicit money from persons in places that are confined, difficult to avoid or where a person might find it necessary to wait is especially troublesome because of the enhanced fear of crime.
SOLICITATION. Any plea made in where:
(a) A person, by vocal appeals, requests an immediate donation of money or other item from another person; or
(b) A person verbally offers or actively provides an item or service of little or no value to another in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is, in substance, a donation.
(B) Intent. This section is intended to protect citizens from the disruption, fear and intimidation accompanying certain kinds of solicitation and not to limit constitutionally protected activity.
(C) Solicitation prohibited.
(1) It is unlawful to engage in aggressive solicitation anywhere within the city.
(2) It is unlawful, in a public place, to engage in an act of solicitation when the person being solicited is present at any of the following locations:
(a) In a restroom;
(b) At a bus stop;
(c) At or within ten feet of any crosswalk;
(d) In a vehicle which is parked or stopped on a public street;
(e) In an area which could restrict access to any type of business;
(f) In a line waiting to be admitted to a commercial or government establishment;
(g) Within 50 feet of any automatic teller machine or entrance to a bank, other financial institution or check cashing business;
(h) On any park land, or in any park, playground or public entertainment venue, including within 50 feet of any entry ways or exits thereto; and
(i) Within ten feet of any direction of the property of any liquor establishment that is licensed by the city.
(Ord. 336, passed 1-20-2009) Penalty, see § 130.99
§ 130.05 CITY PARKS RULES AND REGULATIONS.
(A) Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning:
PARKS. A park, playground, athletic field, trail, nature area, open space area or recreational facility, including adjacent parking areas, owned or operated by the city for the purpose of recreation or open space use.
(B) Rules and regulations for park use.
(1) Park hours. All public parks will close at 10:00 p.m. each day and shall remain closed to the public until 5:00 a.m. on the next day. No person shall be in, remain in or enter any public park between the hours of 10:00 p.m. and 5:00 a.m., and no person shall drive into or remain in a public parking area within a public park during the hours when such park is closed.
(2) Activities permitted after closing of parks. The following activities may continue in parks
after the parks have closed:
(a) City-sponsored and city-supervised activities.
(b) Activities sponsored by any individual or group, association or organization which has applied for and received a permit for such activity from the city.
(c) Activities of custodial or maintenance personnel in the course of their official duties.
(3) After-hours permits. Application for issuance of a permit to conduct activities in a park after closing hours shall be submitted to the city on the forms provided, at least two weeks prior to the date of the activity. Permits shall be issued if it appears that the applicant can comply with the city’s current regulations of the city governing parks.
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(4) Removing, defacing or destroying property prohibited. No person shall remove, deface, destroy, diminish or impair the value of public property located on or within any park, including buildings, structures, trees, shrubs, grass, vegetation, signs, tables, benches, fireplaces, trash receptacles, notices or placards, boundary markers or fences, or any other public property, either real or personal.
(5) Erection of structures. No person shall construct or erect any tent, building, or structure of any kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across any park, except with a permit issued by the City Administrator’s office.
(6) Littering and dumping. No person shall litter or cast upon or allow to remain any rubbish or trash of any kind or nature in or about any park.
(7) Motorized vehicles. Motorized vehicles shall be driven or parked only in designated areas in any park and shall be driven therein at a maximum speed of five miles per hour. Recreational vehicles shall not be operated in any park except in areas specifically designated or posted for their operation, or as required for maintenance or for police, fire or rescue purposes. Overnight camping is prohibited, except with a permit issued by the City Administrator’s office.
(8) Open fires prohibited. No person shall build a fire in any place in any park at any time, except in fireplaces or receptacles provided therein by the city or in privately owned grills that are not harmful to grass or other vegetation.
(9) Sale of articles. No person shall sell any articles, or solicit for the sale thereof, in any park without a permit issued by the City Administrator’s office.
(10) Posting signs and placards. No person shall paste, glue, tack or otherwise post any sign, placard, advertisement or inscription, whatsoever the same may be, in any park.
(11) Animals. No person shall allow any domestic animal, including dogs and cats, to go unattended and without physical restraint in any park. Pet owners and animal handlers are responsible for cleaning up their pet’s waste and disposing of it in a sanitary manner.
(12) Climbing of trees and on buildings. No person shall climb any trees or climb on any building or structure in any park.
(13) Other prohibited acts. It is unlawful in any park for any person to:
(a) Disturb or interfere with any birds, animals, animal habitat, or nesting area.
(b) Schedule and hold gatherings of more than 100 people without a permit from the City Administrator’s office and after approval by the City Council.
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(c) Discharge any gun, firearm, air gun, pellet gun, explosive, bow and arrow, or other similar device, except for a peace officer in the discharge of his or her duties.
(d) Discharge fireworks except when authorized in writing by the City Council.
(e) Discharge any pollutants into any body of water in any park.
(C) Variances. Variances to the strict application of this section may be granted only by the City Council and only in unusual circumstances. Nothing herein shall prohibit the normal care, operation or
functions of the city or its authorized agents in or on any city park.
(D) Violations and penalties. A violation of this section shall be an administrative offense and is subject to the city penalties set forth in the schedule of offenses and penalties in § 10.98 of the city code. In the event a party charged with an administrative offense fails to pay the penalty, a charge may be brought against the alleged violator in accordance with applicable statutes. If the penalty is paid, no further charge shall be brought by the city for the same violation.
(Ord. 389, passed 9-7-2021)