§ 90.28 DIGGING UP, CUTTING, INJURING PLANTS.

   It shall be unlawful for any person to dig up, cut, bruise, debark, mutilate or otherwise injure any plant of any type whatsoever within any town recreation facility without written permission from the Director. This section shall not apply to a person walking normally on grass or other similar plants or if an injury to a plant was incidental to an authorized recreational activity.

(Ord. eff. 12-12-2011; Ord. eff. 8-11-2014; Ord. 2015-09-0416, passed 9-14-2015) Penalty, see § 90.99

§ 90.29 WATER USE OTHER THAN DRINKING.

   It shall be unlawful for any person in or on any town recreation facility to use water belonging to the town for any purpose other than drinking unless such person is authorized by the Director to use town water for an otherwise impermissible purpose.

(Ord. eff. 12-12-2011; Ord. eff. 8-11-2014; Ord. 2015-09-0416, passed 9-14-2015) Penalty, see § 90.99

§ 90.30 CAMPING IN DESIGNATED AREAS.

   It shall be unlawful for any person in or on any town recreation facility to camp/lodge outside of a designated camping area. Camping is restricted to primitive camping (tent camping only) and limited to a single consecutive 24-hour period. Campers will be required to place any refuse in appropriate containers and adhere to all other park rules and regulations. Campers will be allowed to stay within a designated area between the times of 1:00 a.m. and 5:00 a.m. Sunday through Saturday.

(Ord. eff. 12-12-2011; Ord. eff. 8-11-2014; Ord. 2015-09-0416, passed 9-14-2015) Penalty, see § 90.99

Cross-reference:

   Similar provisions, see Recreation Facility Rules § 2-37

§ 90.31 PARK CLOSING TIMES.

   It shall be unlawful for any person to operate a motor vehicle within Elkin Municipal Park during the hours of 1:00 a.m. and 5:00 a.m. Sunday through Saturday. The town shall have the authority to initiate closing times at other facilities, from time to time, upon notification to the public by posting closing times one week prior to the effective date. All trails and greenways shall operate sun-up to sun-down, unless lighting is provided (Elkin Municipal Park Walking Track). The provisions of this section do not abridge, limit, or affect the rights of members of the public entitled to use recreation facilities of the town as participants, spectators, or otherwise, when they are not violating this section or state laws.

(Ord. eff. 12-12-2011; Ord. eff. 8-11-2014; Ord. 2015-09-0416, passed 9-14-2015) Penalty, see § 90.99

Cross-reference:

   Similar provisions, see Recreation Facility Rules Section 2-23(c)-(d)

§ 90.32 PROHIBITION OF CONVICTED SEX OFFENDERS IN PUBLIC PARKS.

   (A)   For purposes of this section the following definitions shall apply:

      PUBLIC PARK. Any publicly owned, leased, operated or maintained land or buildings which are designated by the town as a recreational or park facility.

      REGISTERED SEX OFFENDER. An individual who is registered by any state or Federal agency as a sex offender and whose name is published on any state or Federal registered sex offender listing, including but not limited to the sex offender registry established in G.S. Chapter 14, Article 27A.

   (B)   No registered sex offender shall enter into or upon any public park operated by the town. Each entry into a public park, regardless of the time period between such entries, shall constitute a separate offense under this section.

(Ord. eff. 12-12-2011; Ord. eff. 8-11-2014; Ord. 2015-09-0416, passed 9-14-2015) Penalty, see § 90.99

§ 90.33 VOLUNTEERS AND VOLUNTEER COACHING.

   (A)   To be considered, all volunteers must complete a volunteer application. Individuals who seek to volunteer as a youth coach or who volunteer for any recreation program involving children under the age of 18 must provide the following information to the Recreation and Parks Director or his/her designee:

      (1)   A valid North Carolina driver’s license number and his/her social security number. He/she must submit to a nationwide background check by a third party contractor and a fingerprint may be required.

      (2)   Fingerprints will be collected at the Elkin Police Department, and will be processed by the State of North Carolina (State Bureau of Investigation).

      (3)   Prior to denial or termination of volunteering/employment based on CHRI received from the criminal justice agency, the non-criminal entity shall verify the existence of a record by either obtaining a certified public record or by submitting a fingerprint card of the individual to the SBI for verification that the CHRI record belongs to the individual.

      (4)   The Town Recreation and Parks Department will be responsible for determining volunteer eligibility based on the results of the nationwide background check and/or fingerprinting results. Criteria for which a person would be denied to volunteer are any convictions of any felonies, misdemeanors involving drugs, fraud, violence or child abuse, etc.

   (B)   It is at the discretion of the Recreation and Parks Director or his/her designee to utilize a volunteer depending on need, the applicant’s previous experience and/or information revealed through personal interview or background check information.

(Ord. eff. 8-11-2014; Ord. 2015-09-0416, passed 9-14-2015)

§ 90.34 SWIMMING, JUMPING, DIVING AND FISHING.

   (A)   It shall be unlawful to swim within 200 feet of any structure on any water course running through or adjacent to any Town Recreation Facility unless otherwise posted.

   (B)   It shall be unlawful to jump, dive, or fish off any bridges or structures into any water course running through or adjacent to any Town Recreation Facility.

(Ord. eff. 8-11-2014; Ord. 2015-09-0416, passed 9-14-2015)

MUNICIPAL PARK

§ 90.45 PEDDLING, SELLING OR BEGGING WITHOUT WRITTEN AUTHORIZATION.

   (A)   The ELKIN MUNICIPAL PARK PROPERTY is defined as the recreation area located south of Highway 268, north and east of Big Elkin Creek and west of Standard Street and part of Duke Power Company property, identified as recreational facilities such as trails, greenways and parks.

   (B)   It shall be unlawful for any person to engage in soliciting, peddling, begging or selling, or ply the vocation of a solicitor, agent, peddler, beggar or salesperson of any description on or in any recreation area or facility located on the property described in division (A) above, and it shall be unlawful for any person to sell, hawk or vend any type of food or beverage or any type of merchandise within any recreation areas or facilities located on the property described in division (A) above unless written authority be given by the Recreation and Parks Director.

(Ord. eff. 5-3-1982; Ord. 2015-09-0416, passed 9-14-2015) Penalty, see § 90.99