(A) Definition. For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning:
TOWN PARK. Includes not only the land itself, but recreational facilities and equipment, playgrounds, athletic facilities and equipment, spectator areas, greenways and walking trails, bodies of water used for sporting events, recreational activities, fitness or athletic training areas, picnic areas, shelters and parking areas, signage and all other areas, natural features, facilities, and improvements associated with the park.
(B) The following acts are prohibited in all town parks:
(1) Marking, defacing, disfiguring, injuring, tampering with, displacing or removing any structure, equipment or facilities;
(2) Damaging, cutting or removing any tree, plant or flower;
(3) Depositing any trash or litter, except in receptacles placed for that purpose;
(4) Driving any motorized vehicle, except for motorized wheelchairs, except in areas paved for that purpose or parking areas designated for that purpose;
(5) Consuming or possessing alcoholic beverages;
(6) Possessing a firearm or other dangerous weapon, except by duly authorized law enforcement officers, a public safety employee of the town so authorized by the Town Manager, or an individual who has been issued a permit authorizing the legal carrying of a concealed handgun, who may carry such handgun except in the parks identified in § 100.03 and in the case of athletic fields, except during the periods designated; but as to those parks in which possession of a duly authorized concealed handgun is prohibited, may nevertheless secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on his or her motor vehicle even if it is parked in a designated parking area of the park;
(7) Entering, using or remaining within a park between 30 minutes after sunset and 30 minutes before sunrise;
(8) Entering, using or remaining within a park when it has been closed and a sign to that effect is posted at the entrance to the park;
(9) Disturbing or unreasonably interfering with another person who is using the park;
(10) Possessing or using fireworks or any other types of explosive device;
(11) Camping except in areas specifically designated for that purpose; or
(12) Allowing any animal to be at large.
(C) Unless otherwise prohibited by ordinance and so posted, a person (hereinafter “rider”) may ride a bicycle, roller skates, in-line skates, skateboard, coaster, toy vehicle or similar non-motorized vehicle so long as the rider complies with all of the following requirements:
(1) A rider must yield to pedestrians. Pedestrians shall at all times have the right-of-way upon the sidewalk. In the case of any doubt of safe and untouched passage by a pedestrian, a rider shall stop or dismount the device until the pedestrian has passed;
(2) A bicycle rider under the age of 21 must wear a helmet meeting the requirements of § 71.02 of this code;
(3) A rider shall not engage in tricks or other maneuvers involving wheels leaving the ground, except in areas specifically designated for such activity (i.e., a skateboard park as defined in § 100.02 herein); and
(4) A rider shall not ride upon any area other than a sidewalk or greenway path. By way of example only, there shall be no riding upon stairs, courtyards, covered pavilions, gazebos tables, and railings.
(D) The Director of Public Works or his or her designee shall post these rules and regulations at each town park.
(Prior Code, § 102.01) (Ord. passed 8-19-2004; Ord. passed 9-17-2013; Ord. passed 6-19-2018; Ord. passed 1-19-21) Penalty, see § 100.99
(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HAZARDOUS RECREATIONAL ACTIVITY. Skateboarding, inline skating or freestyle bicycling.
INHERENT RISK. Those dangers or conditions that are characteristic of, intrinsic to or an integral part of skateboarding, inline skating and freestyle bicycling.
SKATEBOARD PARK. An area or facility, whether or indoor or outdoor, legally operating within the town, whether owned and/or operated by a private entity or by a governmental entity, as that term is defined in G.S. § 99E-22(1), which is designed and maintained for persons to engage in hazardous recreational activities, as above defined.
(B) Duties of non-governmental operators of skateboard parks.
(1) No operator of a skateboard park shall permit any person to engage in a hazardous recreational activity unless that person is wearing a helmet, elbow pads and kneepads.
(2) The operator of a skateboard park operated by a non-governmental entity must have an employee present and on-duty during all hours of operation who is trained in first aid and certified to administer cardiopulmonary resuscitation (CPR). Hours of operation must be prominently displayed and the operator must secure the park during off-hours so as to prevent its use when an attendant is not present.
(3) The operator of a skateboard park operated by a non-governmental entity must post signs in plan view at the skateboard park advising any person wishing to engage in or engaging in a hazardous recreational activity of the requirement that any person engaging in a hazardous recreational activity must wear a helmet, elbow pads and kneepads.
(C) Duties of governmental entities operating skateboard parks.
(1) No governmental entity operating a skateboard park shall permit any person to engage in a hazardous recreational activity unless that person is wearing a helmet, elbow pads and kneepads.
(2) A governmental entity shall either have an employee present and on-duty during all hours of operation of a skateboard park or, if the use of the skateboard park is not supervised on a regular basis, must post signs at the skateboard park affording reasonable notice that any person engaging in a hazardous recreational activity in the facility must wear a helmet, elbow pads and kneepads and that any person failing to do so will be subject to citation by the town.
(D) Duties of persons engaged in hazardous recreational activities.
(1) Any person who participates in or assists in hazardous recreational activities operated by a governmental entity assumes the inherent risks in these activities, irrespective of age and is legally responsible for all damages, injury or death to himself or herself or other persons or property that result from these activities.
(2) No person may participate in a hazardous recreational activity or allow another person who is in his or her custody or control to engage in a hazardous recreational activity unless the participant wears a helmet, elbow pads and knee pads.
(3) While engaged in a hazardous recreational activity, a person must act within the limits of his or her ability and the purpose and design of the equipment used, must maintain control of his or her person and the equipment used and must refrain from acting in any manner that may cause or contribute to death or injury to himself or herself or to other persons.
(E) Limitation. Nothing herein shall authorize the use of any facility or area for hazardous recreational activities, nor shall anything herein authorize a person to engage in a hazardous recreational activity, except in a facility properly designed, maintained and permitted for that purpose.
(Prior Code, § 102.02) (Ord. passed 5-18-2006; 6-19-2018) Penalty, see § 100.99
(A) Other than a duly authorized law enforcement officer or a public safety employee of the town so authorized by the Town Manager, no person shall possess a concealed handgun in the following playgrounds; athletic fields, including any appurtenant facilities such as restrooms, during an organized athletic event if the field has been scheduled for use with the town or Watauga County Parks and Recreation Department; swimming pools, including any appurtenant facilities used for dressing, storage of personal items, or other uses related to the swimming pool; and athletic facilities; although an individual who has been issued a permit authorizing the legal carrying of a concealed handgun may secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on his or her motor vehicle even if it is parked in a designated parking area of the park.
(B) For purposes of this section, a playground is designated with a parenthetic “p” following the park name, an athletic field is designated with a parenthetical “fi” following the park name, a swimming pool is designated with a parenthetical “s” following the park name, and an athletic facility is designated with a parenthetical “fa”:
(1) Industrial fields (both Small Industrial Field and Large Industrial Field) (fi);
(2) Jaycee Parks (p);
(3) Junaluska Park (portion other than area reserved for use by Watauga Post 130 of the American Legion and areas needed for access to the “Legion Hut”) (p); and
(4) North Street Park (p).
(Ord. passed 9-17-2013; Ord. passed 6-19-2018)
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