The City of Cookeville Department of Leisure Services provides parks, recreation and leisure service facilities for the recreational use of the public. To prevent abuse and misuse of the privileges and facilities provided, the following rules and regulations governing public uses are adopted:
(1) Definitions. The following definitions shall apply throughout this chapter:
(a) "Department." The City of Cookeville Leisure Services Department.
(b) "Director." The Director of the Cookeville Leisure Services Department, or their designee.
(c) "City clerk." The City Clerk of the City of Cookeville.
(d) "City manager." The City Manager of the City of Cookeville, or their designee.
(e) "City code." A reference to, or a section of, the Cookeville Municipal Code.
(f) "City council." The elected five-member legislative body of the City of Cookeville.
(g) "Park" shall include any park, recreation area, or designated natural area of the City of Cookeville. The following buildings are excluded and are not a part of a park: Cane Creek Sportsplex; Cane Creek Recreation Center; Cane Creek Gymnasium.
Designated Parks are: Cane Creek Park, Capshaw Park, Cinderella Park, City Lake Natural Area, Dogwood Park, Ensor Sink Natural Area, Franklin Avenue Park, Park View Park, Walnut Park, West End Park.
(h) “Dogwood Pavilion Permit.” A permit obtained to reserve the Performance Pavilion at Dogwood Park.
(2) Penalties. Any violation of these rules and regulations for the care and management of the parks, recreation and leisure services facilities of the City of Cookeville shall constitute a civil offense and shall be punishable by a civil penalty under the general penalty provision of this code. Each day a violation shall be allowed to continue shall constitute a separate offense.
(3) Rules and regulations. The following rules and regulations shall apply for the parks, recreation and leisure services facilities of the City of Cookeville:
(a) Abandonment of any vehicle or other personal property for longer than 24 hours is prohibited. Any property so left may be impounded. In the event unattended property interferes with a safe and orderly management of the park area, it may be impounded immediately.
(b) Commercial notices or advertisements shall not be displayed, posted or distributed on park area lands except in conjunction with a special use events and then only for the duration of that special use event.
(c) No person shall erect any structure, stand, or platform, with the exception of tents. Tents erected in Dogwood Park shall not be staked to the ground. Penetrating the surface of the ground in Dogwood Park is prohibited.
(d) The fastening of any showcard, poster, or other advertising device upon any park or park property is prohibited.
(e) Any concessionaire which through contractual agreement with the department operates any concession shall supply and provide any required permits for such operation.
(f) All concession areas staffed and operated by the Cookeville Leisure Services Department shall be operated according to the "Concession Policy Manual" of the department.
(g) Consumption of alcoholic beverages within park and recreation areas is prohibited except as specifically allowed under other sections of this city code.
(h) Commercial peddling and commercial soliciting of any kind is strictly prohibited. However, distribution of expressive materials, including but not limited to materials or objects with expressive content such as newspapers, books, bumper stickers, pamphlets, handbills, leaflets, or writings, or visual art such as paintings, prints, drawings, photography, or sculpture is permitted. In the event a person or organization wishes to sell these items or provide these items in exchange for a donation (collectively hereinafter "vend"), such person or organization may do so upon issuance of a vending permit as provided in Paragraph (5) of this section. This Section shall not apply to transactions with authorized concessionaires within the park or recreation facility. Nothing in this Section shall be construed to prohibit communication of an expressive message orally or by tangible means,
(i) Bicycle riders must comply with all applicable traffic regulations. Bicycles shall not be ridden abreast of one another except on trails designated as bicycle trails.
(j) All U.S. Coast Guard regulations and the requirements of the Tennessee Boating Safety Act must be observed.
(k) Boat launching must be done within those boat launching areas specifically built and designed for such purposes.
(l) Boats shall not be operated in a reckless manner and shall not exceed five (5) miles per hour on Cane Creek Lake. City Lake is a no-wake zone.
(m) All occupants of any boat rented or leased from the City of Cookeville must have and wear life preservers while in the boat.
(n) All occupants of private boats must have flotation devices as required by the U.S. Coast Guard.
(o) No inner-tubes or rubber rafts are allowed on Cane Creek Lake.
(p) The following operations are prohibited:
(i) An operator knowingly permitting any other person to operate a water craft in a reckless or negligent manner.
(ii) Any privately owned water craft used to carry passengers for hire, or used in any other commercial operation, except as provided for in a concessionaire agreement with the City of Cookeville.
(iii) No water craft on Cane Creek Lake shall be powered by an outboard or inboard motor, with the exception of an electric trolling motor.
(iv) No water craft shall be allowed on Cane Creek Lake after dusk.
(q) The director may close or otherwise restrict the use of any body of water when necessary to protect life or property, or for any other emergency. Such restricted area shall be defined, whenever practicable, by signs, markers, and through public notice.
(r) Camping, including tent, trailer, or other types of units, is prohibited in all parks. No camping or temporary residence shall be permitted.
(s) Construction of any building, structure, utility or any other entity upon, across, over, through, or under any park area, except in accordance with the provisions of a valid permit and contract is prohibited.
(t) Noise.
(i) The playing of any radio, television sets, musical instruments, loud speakers, or other devices for amplification of sound, and noise producing devices such as electric generating plants or other equipment driven by motors or engines in such a manner and at such times so as to unreasonably interfere with use of the park by others is prohibited. This paragraph shall not be construed to prevent expressive activity, including a performance.
(ii) The operation or use of public address systems, whether fixed, portable, or vehicle mounted is prohibited except when such use or operation is in connection with special use events, or other public gatherings, including demonstrations. Such systems may not be used at Dogwood Performance Pavilion or within the seating area of the pavilion at times when a Dogwood Pavilion Permit has been issued, except by the holder of that permit as provided by Paragraph (4) of this section, if such use would unreasonably interfere with the permitted use of the pavilion by the permit holder. Notwithstanding the foregoing limitation, such systems may be used adjacent to the pavilion seating area, including the sidewalks on the west, south, and east sides of the pavilion seating area and beyond.
(iii) Any artificial system, instrument, or device producing noise permitted in accordance with this Section shall comply with Section 11-202 of this Code as applicable to a commercial use.
(u) No person shall disobey the lawful and reasonable order of a park employee in the discharge of their duties, or disobey or disregard the notices, prohibitions, instructions, rules or regulations on any park sign.
(v) Dogs, cats and other pets are prohibited unless they are crated, caged, on a leash, or otherwise under physical restrictive control at all times, except for dogs within the confines of designated dog parks.
(w) Dogs, cats, or other pets shall wear vaccination tags, and shall not be allowed to bark loudly or otherwise disturb the peace and quiet of the patrons of the park.
(x) All dogs, cats and other pets shall comply with the animal control ordinance of the city code, Title 10, Chapter 2, § 10-201 through § 10-208.
(y) The use or possession of explosives is prohibited as outlined in The Tennessee State Fire Code, adopted, except for events conducted by the City of Cookeville.
(z) The use or possession of fireworks and firecrackers is prohibited.
(aa) It shall be unlawful for any person to carry in any manner whatever, with the intent to go armed, any razor, dirk, knife, blackjack, brassknucks, pistol, revolver, rifle, shotgun, air rifle, air gun "BB gun", or any other dangerous weapon such as hand-thrown spears, bows and arrows or crossbows, or any other implements designed to discharge missiles in the air or under the water which are capable of destroying animal life, except as specifically permitted by, and in strict compliance with, T.C.A. § 13-17-1311.
(bb) The creation of any fire in any park outside a specifically designed picnic grill, fireplace or other similarly designed enclosure installed by the City of Cookeville is prohibited. Only approved material may be used in the creation of such fires. No live plant material may be used for the creation of any fire.
(cc) Throwing or dropping a lighted cigarette, cigar, pipe heel, match or other burning material is prohibited.
(dd) Fishing within park areas shall be in accordance with the laws and regulations of the Tennessee Wildlife Resources Agency.
(ee) Digging for bait or for any other purpose is prohibited within all park areas.
(ff) Anyone not removing all trash and debris which accumulate during fishing shall be guilty of littering.
(gg) Any bass fish less than 15 inches in length which is caught during the normal course of fishing must be immediately returned to the lake.
(hh) No person shall take or attempt to take for commercial purposes any fish, turtles, or other forms of marine life by using any hand or power equipment, or by trawls, nets, dredges or other equipment normally associated with commercial fishing.
(ii) Flea markets, garage sales, rummage sales, and all other such sales by a person, persons, or organizations for either private or nonprofit purposes are prohibited in park and recreation areas.
(jj) Horses and other saddle animals are allowed only on trails so designated as "horse trails".
(kk) Opening and closure hours for all parks and recreation areas shall be established by the city manager upon recommendation of the director and posted at each site, and shall be on file in the office of the city clerk and the director. Nothing in this section shall restrict any official work or activity in said areas during restricted hours by any department of the City of Cookeville.
(ll) Entering or leaving any park or recreation facility except at established entranceways or exits at established times is prohibited.
(mm) The installation and planting of any memorial tree, or any memorial tree marker, without the permission of the director is prohibited.
(nn) Memorial trees may be planted in designated areas as defined within the memorial tree guidelines at that time. Flush to the ground markers may be purchased and will be installed by park crews upon approval by the director.
(oo) The Department of Leisure Services shall have the authority to make additional rules and regulations as is necessary to insure the orderly growth and protection of the park, recreation and natural resource areas under its control.
(pp) The director shall enforce rules and regulations relating to the park, recreation, natural resources, historical, and cultural areas of the City of Cookeville. The city manager shall be the appeal authority in cases where the decision of the director is in dispute.
(qq) The creation or maintenance of a nuisance upon City of Cookeville properties is prohibited.
(rr) Interfering with, encumbering, obstructing or rendering dangerous any part of a park is prohibited.
(ss) The intentional or wanton destruction, defacement, or removal of any natural or cultural feature or non-renewable natural resource is prohibited without specific written permission from the director.
(tt) The intentional or wanton destruction, injury, defacement, removal or disturbance in any manner of any public buildings, signs, equipment, monument, marker, or other structure or of any relic, artifact, historic structure or of any other similar public property is prohibited. The intentional or wanton possession of park equipment is prohibited.
(uu) The gathering or collecting of natural products of a renewable living resource such as plant material for personal use or for commercial sale is prohibited. The destroying, digging, cutting, removing, or possession of any tree, shrub, or other plant is prohibited.
(vv) No person shall molest, kill, wound, hunt, or remove any animal, reptile, bird, or the eggs of such animals. This shall not apply to fish taken from park waters.
(ww) Persons, corporations, or organizations conducting public gatherings of any type, including but not limited to events, activities, entertainment, meetings, assemblies, worship services, demonstrations, protests or political rallies, within the general confines of a park or municipal area involving 25 or more persons must notify the Director in writing a minimum of three (3) business days in advance of the intended use whenever practicable. This notice provision is not intended to require a permit or restrict use, but is to enable the City of Cookeville Department of Leisure Services to be aware of planned activities that may affect staffing or services within the park, such as lawn maintenance or custodial services. This advance notice requirement shall not apply to any gathering that is not expected to involve 25 or more persons and also shall not apply to gatherings for which notice is not reasonably possible. This advance notice requirement shall not be construed under any circumstance to prohibit spontaneous or other rapidly developing gatherings, in response to developing events, such as demonstrations, protests, or counter-protests in response to other activities.
(xx) No park or facility within a park with the exception of picnic shelters at Cane Creek Park and Dogwood Performance Pavilion may be reserved.
All play equipment, athletic facilities, parking areas, and other amenities are for the use of the public at large.
(yy) Picnic shelters at Cane Creek Park are for use by reservation only on a fee basis. Picnic Shelters at other Parks are available for use free of charge on a first come, first served basis.
(zz) All garbage, papers, cans, bottles and waste material of any kind must be disposed of only in provided trash receptacles, or removed from site.
(aaa) Polluting or contaminating in any manner any watershed or water supply is prohibited.
(bbb) Fish entrails or other inedible parts of fish shall not be thrown into fresh waters or onto park area lands.
(ccc) Depositing of any bodily waste in or on any portion of any restroom facility or other public structure except into fixtures provided for that purpose is prohibited. Placing any item in any of the plumbing fixtures in such a station or facility for the purpose of interfering with or blocking the plumbing is prohibited. All restroom facilities shall be used in a clean and sanitary manner.
(ddd) Using the public waste containers for dumping of household or commercial garbage or trash brought as such from private property is prohibited.
(eee) Smoking is prohibited in all City of Cookeville buildings and Dogwood Park.
(fff) In certain instances, it may be in the best interest of the City of Cookeville to co-sponsor a special event or sporting event with an outside entity. This shall be done via written agreement which spells out responsibilities for all parties involved.
(ggg) Swimming and bathing are prohibited except in designated aquatic facilities specifically designed for such.
(hhh) Violators of posted rules governing the use of aquatic facilities will be subject to removal from the premises if the violation is flagrant or repeated or the continued presence of the violator would create a hazardous condition in the area.
(iii) Specific rules governing the usage of municipal aquatic facilities in the City of Cookeville can be found in the "Aquatic Policy Manual" of this department.
(jjj) Motorized vehicles shall be limited to roadways and parking lots within parks. Motorized vehicles are prohibited on grass, designated trails and park sidewalks, with the exception of maintenance vehicles of the City of Cookeville or authorized contractor.
(kkk) All operators of motor vehicles in parks must conform to all traffic rules and regulations of the City of Cookeville and the State of Tennessee.
(lll) The speed limit in all parks and recreation areas is 15 m.p.h.
(mmm) No driver shall stop, park, or leave any vehicle, whether attended or unattended, upon the paved or maintained surface of a road or parking area so as to leave less than ten (10) feet of the width of the same traffic lane for the free or unobstructed movement of other vehicles, except in the event of an accident or as otherwise directed by an authorized person.
(nnn) Pedestrians have right-of-way over motor vehicles in all parks.
(ooo) Operating a motor vehicle in areas other than established roadways, parking areas, or designated routes is prohibited.
(ppp) All operators of motorcycles, trail bikes, off-road vehicles and other motorized vehicles must conform to the same rules and regulations as those of any other motor vehicle.
(qqq) No person shall grease, lubricate, or make repairs to any vehicle, except those of a minor nature, and then only in case of emergency.
(rrr) Water skiing is prohibited on all bodies of water in park areas.
(4) Dogwood Pavilion Permit.
(a) The Dogwood Performance Pavilion may be used by the public at large at any time a Dogwood Pavilion Permit has not been issued for use by another person or organization. In the event a Dogwood Pavilion Permit has been issued, the Pavilion will be exclusively available to the permit holder for the duration indicated on the permit. The seating areas around the pavilion may not be restricted for exclusive use and must remain open to the public at large for any lawful purpose.
(b) A Dogwood Pavilion Permit holder may not restrict any lawful activity within the seating area of the pavilion or the surrounding sidewalks, including the use of the sidewalks on the west, south, and east areas of the pavilion seating area, including but not limited to any demonstration or protest consistent with the provisions of this chapter.
(c) Any person or organization desiring a Dogwood Pavilion Permit may request the same from the City of Cookeville Department of Leisure Services, which shall be issued on a first come, first served basis. An application for a Dogwood Pavilion Permit should be submitted at least three (3) business days prior to the proposed use to provide the Department ample processing time to the review the application, determine the applicability of this section, and to ensure adequate staffing as may be needed.
(d) A Dogwood Pavilion Permit will not be denied if requested in compliance with this Chapter, unless a prior permit has been issued for the same time period, or if the City of Cookeville has an event utilizing the Pavilion.
(5) Alcoholic beverages. Anything to the contrary notwithstanding in this or any other ordinance, no alcoholic beverages may be consumed in any municipal park, except in Dogwood Park for a specific City of Cookeville Conceived and Produced Event when the City has issued a Special Event Permit for its own event. No third parties are eligible to obtain a permit that would allow the sale or consumption of alcoholic beverages in Dogwood Park or any municipal park.
(6) Vending permit.
(a) Persons or organizations may distribute (other than vending) expressive matter as discussed by Paragraph (3)(h) of this Section without a vending permit.
(b) Persons or organizations may vend expressive matter as discussed by Paragraph (3)(h) of this Section, but a vending permit is required.
(i) A vending permit may be obtained by submitting an application to the City of Cookeville Department of Leisure Services. An application must be received three (3) business days prior to the proposed vending activity to provide the Department ample processing time to review the application and determine the applicability of this section. The advance application period may be waived by the Cookeville Leisure Services Department if the applicant indicates a hardship, that the proposed use is in response to a rapidly developing circumstance, or other good cause. A vending permit will not be denied unless it appears that the purpose is purely commercial in nature unconnected to the distribution of an expressive matter.
(ii) A vending permit may be issued for up to 30 days at a time.
(iii) There will be no charge for the issuance of a vending permit.
(iv) All materials and any tents, temporary structure, or stand, must be removed from the park during the park's closing hours.
(v) A vending permit will not be issued for purely commercial peddling or solicitation unconnected to the distribution of an expressive matter.
(7) Purpose. It is intended that all rules under Title 16, Chapter 7
of this code be prescribed and enforced in a content-neutral manner with regard to every person, organization, or expressive message. The City of Cookeville makes a finding that the restrictions herein are narrowly-tailored to permit free and open expression, and to preserve the open and peaceful public use of the City of Cookeville parks for all persons and entities. (Ord. #O18-06-16, June 2018, as amended by Ord. #O-23-12-25, Jan. 2024)