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No person in a park shall perform any of the following acts.
(A) Intoxicating beverages.
(1) Prohibition. Have brought alcoholic beverages, nor shall any person drink alcoholic beverages at any time in the park.
(2) Exceptions. With the express written consent of the Director, the consumption of alcoholic beverages may be permitted within a park under the strict regulation and control of the Municipal Administrator.
(3) Drunkenness. Have entered or be under the influence of intoxicating liquor.
(B) Fireworks and explosives. Have brought or have in his or her possession, or set off or otherwise cause to explode, discharge, or burn, any firecrackers, torpedoes, rockets, or other fireworks or explosives of flammable material, or discharge them or throw them into any such area from land or 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.
(C) 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 words “domestic animals permitted in this area” or other appropriate signage designating such. 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 ten feet in length. Owners shall clean up after all their domestic animals before leaving the park.
(D) Reservation of facilities. Occupy any seat or bench, or enter into, loiter, or remain in any pavilion or other park structure or section thereof which may be reserved as designated by the Director.
(E) Dress. Appear at any place in other than proper clothing. Proper clothing for aquatic areas shall be construed to prohibit the wearing of trunks shorter than approximately six inches above the knee or thong bikinis. No person shall indecently expose his or her person or call forth merited criticism regarding dress.
(F) Alms. Solicit alms or contributions for any purpose, whether public or private.
(G) Fundraising. Solicit funds or hold a fundraiser on park property without prior approval by the Municipal Administrator or his or her designee.
(H) Fires. Build or attempt to build a fire or light candles except in such areas and under such regulations as may be established by the Director. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes, candles, or cigars, tobacco, paper, or other flammable material within any park area or on any highway, road, or street abutting or contiguous thereto. Land management activities that utilize fire for vegetation management are permitted under the express control of the Director and state regulations.
(I) Closed areas. Enter an area posted as “closed to the public” or similar signage nor shall any person use, or abet the use of, any area in violation of posted notices.
(J) Games of chance. Gamble or participate in or abet any games of chance.
(K) Going onto ice. Go onto the ice on any of the waters except such areas as are designated as skating fields, provided that a safety sign is displayed.
(L) Loitering. Sleep or protractedly lounge on the seats or benches or other areas.
(M) Permits. Fail to produce and exhibit any permit from the Director he or she 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.
(N) 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.
(O) Indecent exposure. The deliberate exposure of private areas of the anatomy.
(P) Helium balloons. Tether or bring into a park or park facility helium balloons unless the Director grants express permission.
(Q) Noise. Cause noise at such levels as adjacent park users find objectionable or exceed the noise ordinances set under § 132.13 Noise Control.
(R) Altercations. Initiate or enter into an altercation with any park user or city personnel, or strike or injure another person deliberately.
(S) Language. Use offensive language in any park or park facility including swearing, offensive comments about race, creed, sex, or abilities except as specifically protected under the First Amendment.
(1980 Code, § 97.06) (Ord. 3071, passed 1-3-1974; Am. Ord. 7579, passed 8-7-2006) Penalty, see § 97.99
No person in a park shall perform any of the following acts.
(A) Vending or peddling. Expose or offer for sale any article or thing, nor shall he or she station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or thing. Exception is made here as to any regularly licensed concessionaire acting by and under the authority and regulation of the Director.
(B) Advertising. Announce, advertise, or call the public attention in any way to any articles or service for sale or hire, without first obtaining written permission and approval from the Municipal Administrator based on a recommendation from the Parks and Recreation Director.
(C) Signs. Paste, glue, tack, or otherwise post any sign, placard, advertisement or inscription whatever, without permission and approval from the Municipal Administrator based on a recommendation from the Parks and Recreation Director, 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.
(1980 Code, § 97.07) (Ord. 3071, passed 1-3-1974; Am. Ord. 5046, passed 12-18-1989; Am. Ord. 7579, passed 8-7- 2006) Penalty, see § 97.99
(A) Hours. Except for unusual and unforeseen emergencies, parks 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.
(B) 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 temporarily or at regular and stated intervals, daily or otherwise, and either entirely or merely to certain uses, as the Director shall find reasonably necessary.
(C) Lost and found articles. Effort shall be made by park attendants to unite lost and found articles with their owners. Articles left longer than 30 days shall be donated to a local charity.
(D) Permit. A permit shall be obtained from the appropriate Director at least four weeks before participating in park activity.
(1) Application. A person seeking issuance of a permit hereunder shall file an application with the appropriate director. The application shall state:
(a) The name and address of the applicant;
(b) The name and address of the person, persons, corporation, or association sponsoring the activity, if any;
(c) The day and hours for which the permit is desired;
(d) The park or portion thereof for which such permit is desired;
(e) An estimate of the anticipated attendance; and
(f) Any other information which the Director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
(2) Standards for issuance. The Director shall issue a permit hereunder when they find that:
(a) The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
(b) The proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation;
(c) The proposed activity will not entail unusual, extraordinary, or burdensome expenses or police operation by the city;
(d) The proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct;
(e) The facilities desired have not been reserved for other use at the day and hour required in the application;
(f) The activity and/or reservation meets approved departmental policy and procedure; and
(g) The applicant has not violated park policy or regulations in the past.
(3) Appeal. Within three days after receipt of an application, the Director shall apprise an applicant in writing of his or her reasons for refusing a permit. Any aggrieved person shall have the right to appeal in writing within ten days to Council, which shall consider the application under the standards set forth in division (D)(1) hereof, and sustain or overrule the Director’s decision within 20 days. The decision of Council shall be final.
(4) Effect of permit. A permittee shall be bound by all rules, regulations, policies, and all applicable ordinances as though they were fully inserted in such permits.
(5) Liability of permittee. The person or persons to whom a permit is issued shall be liable 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 has been issued.
(6) Revocation. The Director shall have the authority to revoke a permit, withhold deposit money and levy damages, if applicable, upon a finding of violation of any rule or ordinance, or upon good cause shown.
(1980 Code, § 97.08) (Ord. 3071, passed 1-3-1974; Am. Ord. 7579, passed 8-7-2006)
(A) Officials. The Director, staff, and police officers shall, in connection with their duties by law, diligently enforce the provisions of this chapter.
(B) Ejection. The Director, staff, and police official shall have the authority to eject from any park or facility any person acting in violation of any rules, regulations, and policies as established in its operation.
(C) Seizure of property. The Director, staff, and police official shall have the authority to seize and confiscate any property, thing, or device in any park or facility in violation of any park rules, regulations, or policies as established in their operation. They shall also have the authority to require deposits for facility usage and may withhold deposits and levy damage costs if so applicable to such usage.
(1980 Code, § 97.09) (Ord. 3071, passed 1-3-1974; Am. Ord. 7579, passed 8-7-2006)
RATES AND CHARGES
(A) The Park and Recreation Board is directed to establish all fees for individual participants, fees for specialized activities, and fees for materials or functions supplied by the Board. The fees shall be established by the Board first estimating the total funds that will be received during each calendar year from the park and recreation levy; the city income tax; and the amount appropriated from the general fund of the city not including any funds generated by park and recreational activities, charges and revenues. These estimated amounts of revenue shall be determined by the revenue amounts actually received during the last preceding calendar year. The Board shall then determine any necessary costs of the park and recreation program over and above the funds which costs shall be charged to the individual participants, teams sponsoring such activities, and the like. Such costs shall be apportioned as a fee schedule which shall be established to prorate such costs among the number of participants, number of teams involved, cost of officials, cost of equipment, prizes and trophies, if any, overhead and administrative costs, costs of supervision, and similar costs.
(B) The City Council shall establish all wages for seasonal, part-time or recreational personnel by proper ordinance, but the Park and Recreation Board shall have the right to recommend such wages to Council for its consideration.
(C) The Park and Recreation Board, after due consideration, shall submit such fees to the Clerk of Council on or before March 1 and October 1 of each calendar year.
(D) Such fees are hereby ratified and confirmed by Council as the fees to be charged for all such activities. But the Council reserves the right to modify such fees if after due investigation and deliberation the Council determines that there has been an improper allocation of the expenses of the Park and Recreation Board in any manner whatsoever. The Director is permitted to establish fees for programs that arise between the periods in § 97.14(C) above, provided that these fees are in keeping with the costs for other programs as established by the Park Board. Such new programs fees shall be submitted to the Park Board and Council for the next fee approval period.
(1980 Code, § 97.14) (Ord. 3921, passed 12-3-1979; Am. Ord. 7579, passed 8-7-2006)
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