(A) Findings and purpose. The City Council finds that there should be an area within the city's park and open space system set aside exclusively as a memorial to and to honor our nation's, state's and city's men and women currently serving in or who have served in the Armed Forces of the United States. The Veterans Memorial located within Byron Roundabout area and described below herein is hereby so designated. The Veterans Memorial is hereby set aside for purposes of the public honoring and remembering the service and sacrifice of our Nation's veterans and that certain other activities inconsistent with such purpose, when the same may freely occur in the city's other extensive public park and open space areas, inherently contravene, interfere with and are injurious to such purpose. Accordingly, the city has a compelling interest in imposing time, place and manner restrictions on those activities inconsistent with the purpose for which the Veteran’s Memorial is designated on a content neutral basis and in a manner that does not unreasonably infringe upon the rights of the city's inhabitants and visitors to engage in free speech or the free exercise of religion. Therefore, the rules of this section define the standards of conduct required of all the city's inhabitants and visitors to the Veterans Memorial, which is a shrine to honor present and past members of the Armed Forces of the United States and contains monuments for the Civil War, World War I, World War II, Korea, Vietnam, Desert Storm and an All Wars Monument. In addition, POWs, MIAs, Gold Star Spouses and Parents, and Purple Heart holders are also honored.
(B) Definitions. When used in this section:
(1) Veterans Memorial or Memorial means the area located between 10th Avenue and westerly line of the round about/Byron monument sign and between Canadian Pacific Railroad property and Frontage Road NE.
(2) Military memorial service or ceremony means a formal group activity conducted by an established military service group intended to honor the active service or memory of members of the Armed Forces.
(C) Conduct within Veteran’s Memorial. Because the Veteran’s Memorial is a shrine, certain acts, appropriate elsewhere in Byron, are not appropriate within the Veteran’s Memorial. All visitors, including those attending or taking part in memorial services, shall observe proper standards of conduct, decorum and decency. Specifically, no person shall:
(1) Deface, climb on, sit on, stand on or otherwise damage any monuments located within the Memorial;
(2) Use the memorial grounds for playing sports or participating in athletics;
(3) Use the memorial grounds for grilling or other cooking activities;
(4) Erect a tent, hammock or other structure unless the use of the same is part of a military memorial service or ceremony authorized by this section;
(5) Ride a bicycle or skateboard or use rollerblades within the memorial; unless going through the area on the bike path.
(6) Deposit or throw litter on/in memorial grounds;
(7) Drive any motor vehicle within the memorial other than in the parking lot;
(8) Engage in any disorderly conduct as defined in statute or city code within the memorial;
(9) Display or distribute commercial advertising for the purpose of soliciting business or otherwise solicit business while within the memorial; or
(10) Be within the boundaries of the memorial between the hours of 10:00 p.m. and 4:00 a.m. of the following day.
(D) Exceptions. This section shall not apply to the following:
(1) Public safety. The operations of authorized public safety or other city personnel or emergency or city vehicles, including without limitation police vehicles, fire vehicles, ambulances and city, county or state snowplowing vehicles, the use of sirens, warning devices, sound amplification devices or other equipment by public safety personnel or other city personnel in emergency situations or otherwise.
(2) Emergency or other city work. Activities or work by city personnel in the performance of emergency work to preserve the public health, safety, or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard or such other work as the City Administrator or City Council deems necessary or appropriate in the public interest.
(3) Government sponsored or permitted or licensed activities. Those certain government, and/or government permitted or licensed activities shall be exempt from the provisions of this section.
(E) Any person convicted of violating any provision of this section is guilty of a misdemeanor.
(Ord. passed 7-25-17)