(A) Operating hours. Parks generally shall be open to the public between sunrise and sunset of each day unless different hours are established by the Mayor and Council and the hours are posted at the affected parks.
(B) Closing parks to the public. A park or section of a park may be declared closed to the public by the town whenever it is determined that the closing is necessary because of park conditions, weather, or for another reason that is in the public interest.
(C) Trespass in closed parks. A person may not gather or loiter in a park or a section of a park while it is closed to the public.
(D) Alcoholic beverages. A person may not drink or possess alcoholic beverages in a park unless as part of a group having town and county written permission to do so in the park.
(E) Smoking in public areas.
(1) Smoking, except as provided in this chapter, is unlawful in, on, or within 25 feet of all public parks, public-owned or leased and operated buildings and vehicles, the Town Government Office Building, and along the Riverwalk, including recreational areas within and located along the Riverwalk, except within 15 feet of an officially designated smoking area. Town property coming into existence after February 2, 2020 shall automatically be included as areas where smoking is not allowed.
(2) Smoking may be prohibited by an owner, operator, manager, or other person in control of an outdoor public place in the following areas by the posting of approved signage: within a distance of 25 feet outside entrances of areas where smoking is prohibited, so as to prevent smoke or vapor from entering those areas, and within 25 feet of outdoor seating or serving areas of restaurants and bars.
(3) The town reserves the right to prohibit all smoking in public areas during droughts, near combustible landscapes (like the marsh grasses surrounding the Wilmer Park pavilion and in areas where large numbers of park visitors may be congregating or transiting during events or on a daily basis).
(4) The prohibitions contained in this chapter shall not apply to the following;
(a) Inside a non-town-owned or operated vehicle which is legally parked at a playground or recreational area, so long as it is at least 25 feet away from the playground or recreational area; or
(b) On any boat or vessel legally docked at the town marina.
(5) The Mayor and Town Council by resolution may designate areas in which smoking is permitted outside of town-owned, operated, or leased buildings, or on town-owned, operated, or leased property. The Mayor and Town Council may also designate smoking areas at playgrounds, recreational areas, parks, etc. and those smoking areas shall be at least 25 feet away from any recreational equipment or sports fields. The designated smoking areas may include a 15 foot radius and shall include a sign reading "Designated Smoking Area" which is at least ten inches wide and 15 inches tall. The Mayor and Town Council resolution may also designate temporary smoking areas from time to time for special events within the town.
(F) Deprivation of use and enjoyment. A person may not deprive others of reasonable use and enjoyment of a park by indulging in riotous, boisterous, threatening, or indecent conduct or abusive, threatening, profane, or indecent language.
(G) Prohibited acts. A person may not:
(1) Tamper with, mar, deface, remove, or destroy an official sign;
(2) Damage, use without authority, or remove an installation, fixture, equipment, or vehicle in or from the park;
(3) Cut, pull up, burn, carve, or in any manner mutilate, misuse, or damage any tree, shrub, plant, grass, or flower on park grounds;
(4) Intentionally destroy, injure, deface, remove, or disturb soil, rocks, or mineral formations unless incidental to a permitted activity;
(5) Build a fire in a park except in a fireplace or other facility constructed for a fire without prior written approval of the town;
(6) Use a charcoal grill or a gasoline or gas stove without written permission from the Town Manager. A person who builds a fire in a park is responsible for damage, injury and expense caused by said fire;
(7) Discharge fireworks, firearms, or explosives in a park without written permission from the town and the other necessary permits;
(8) Dump or deposit refuse, garbage, or rubbish anywhere on park grounds or bring garbage, refuse, or rubbish into a park and deposit it in park trash receptacles. Trash from sanctioned events must be removed by the permitted user of the park. This division does not include pedestrians who properly deposit small trash items in the designated receptacles;
(9) Hold an unapproved meeting in a park if the meeting will deprive the public of the reasonable use and enjoyment of the park or interfere with the public's right of free passage in the park. A person may not hold an organized gathering of 20 or more individuals in a park without written permission from the town;
(10) Utilize any area in a park for conducting private instruction or lessons for which a fee is charged unless the program is conducted or sponsored by the Town of Chestertown;
(11) Sell anything in a park without written permission from the town and as part of a town-approved function;
(12) Use sound amplification equipment in a park that exceeds noise levels as outlined in Chapter 117 without written permission from the town;
(13) Operate a motor vehicle, minibike, or all-terrain vehicle in a park. A person may not operate a truck or commercial vehicle, other than one owned or operated by the town. This division does not apply to town-owned, town-authorized, or official vehicles. A person shall park a motor vehicle in a park only in designated parking areas;
(14) Capture, confine, injure, destroy, or interfere with a wild animal in a park; or
(15) Conduct sporting events or use sporting equipment that is inappropriate to the particular park. Permission to drive golf balls or play full team sports must be requested from the town before doing so.
(H) In addition to other enforcement measures allowed by this Code, the Mayor and Council may declare a person who violates any provision of this chapter banned from town-owned, leased, or operated facilities.
(Ord. 03-2019, passed 2-3-2020)