Bill No. 2021-6
Ordinance No. 743
Summary:   An Ordinance amending Title 5, Chapter 5 of the City Code of the City of Ely setting forth hours designated for public use of City Parks.
Proposed Ordinance Regulating the Hours that All City Parks are Closed
Whereas,   NRS 268.001 establishes the City’s authority to regulate matters of local concern;
Whereas,   NRS 266.105 empowers the Ely City Council to pass ordinances necessary for the municipal government and the management of the affairs of the City, for the execution of all powers vested in the City, and for making effective the provisions of Chapter 266 of the Nevada Revised Statutes;
Whereas,   NRS 268.014 established the City’s authority to revise and codify all general ordinances of the City.
Whereas,    NRS 266.105 establishes the City’s authority to provide for misdemeanor fines and penalties to enforce ordinances.
Therefore,   in the best interest of the community, the City Council of the City of Ely, State of Nevada, does amend Title 5 and otherwise ordain that the specified section of Title 5, Chapter 5 shall read as follows:
5-5: Short Title:
This Chapter shall be known and may be cited as the CITY PARKS ORDINANCE.
5-5-1: Purpose:
To regulate the use of City-owned or operated Parks and Park Facilities in order that all persons may enjoy and make use of the Parks and Park Facilities and to protect the assets and resources of these community properties. (Ord. 628, 9-25-2008).
5-5-2: Definitions & Terminology:
Park: A parcel of land owned, operated, or maintained by the Cityof Ely and specifically set apart for the recreational use of the public.
Park Facility: Those structures, amenities, or apparatus located in a Park which aid or make easier the recreational use of the Park (including, but not limited to, bathrooms, playgrounds, picnic areas, gazebos, patios, tables, benches, bleachers, dugouts, sports fields, concession and vendor areas, vehicles, trailers, parking areas, storage containers and sheds, stables and livestock areas, garden areas, water features, pools, ponds, lakes, rivers, streams, creeks, designated areas for dogs and/or other animals; and, any and all other developed or undeveloped areas, natural objects, habitat or structures, whether open, locked or unlocked, within a City Park).
When not inconsistent with the context, words used in the present tense include the future tense, and words used in the singular number include the plural. “Shall” is always mandatory and not merely directory or discretionary.
5-5-3: Hours Designated for Public Use of City Park(s):
A. Except for the issuance of a Special Use Permit to a person, persons and/or entity stating otherwise: all City Parks and City Park Facilities will be closed to public use on a daily basis (including weekdays, weekends and holidays) between the hours of ten o’clock (10:00) P.M. and five o’clock (5:00) A.M. (of the succeeding day).
B. Special Use Permits shall only be approved and issued by the City Public Works Director or his/her designee; and, only upon completion and submittal of a written application for the Special Use Permit to the City Public Works Director or his/her designee. Upon demand, Special Use Permits issued by the City Public Works Director or his/her designee shall be displayed to any Law Enforcement Officer on official business.
C. Except as provided above, in subsection A of this chapter, it is unlawful for any person of any age to be present within a City Park between the hours of ten o’clock (10:00) P.M. and five o’clock (5:00) A.M., except for City Employees and/or Law Enforcement Officers on official business.
D. The daily hours designated for closure of a City Park to public use (the hours of ten o’clock (10:00) P.M. and five o’clock (5:00) A.M. shall be posted (by signs) in conspicuous places at each City Park; such as, but not limited to, areas commonly used for public ingress and egress, intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet; and, at each corner of the City Park, upon or near the boundary.
5-5-4: Rules and Regulations Regarding Use of Parks and Park Facilities:
A. The prior express written authorization of the City Public Works Director or his/her designee is required for the following activities in a Park or Park Facility:
      1.  Activities such as dunk tanks, hot air balloons, carnivals, inflatable bounce houses, catering services, festivals, or activities which require the use of tents, awnings or portable shelters;
      2.  Parking a vehicle or trailer in a Park during the aforementioned hours of curfew;
      3.  Use of a Park or Park Facility for profit or personal gain;
      4.  Selling or offering for sale any service, merchandise, food, beverage, article or thing;
      5.  Fireworks display.
C. No glass or breakable containers of any kind shall be permitted in a Park or Park Facility at any time.
D. Alcohol is prohibited in any portion of a Park and Park Facility,including any parking lot, unless authorized via written consent of the City Public Works Director or his/her designee.
E. No person shall commit any act in a Park or Park Facility that would endanger the health, safety or welfare of any person.
F. No person other than a duly authorized City Employee in the performance of his/her duty shall cut, deface, injure or burn any structure or feature (including landscape feature) of a Park or Park Facility or remove any equipment from a Park or Park Facility.
G. No firearms, archery, paintball weapons, air guns, BB guns, or like devices shall be allowed in a Park or Park Facility.
H. No person shall release, discharge, drop or spread upon any Park or Park Facility any litter, trash, rubbish, waste, garbage, refuse, chemicals, or ashes, other than by placing the same in trash containers or receptacles provided by the Public Works Department.
I. Fireworks and other explosives are prohibited except as part of an approved and permitted fireworks display. (Ord. 628, 9-25-2008)
J. There shall be no operation or parking of any motor driven vehicles, including, but not limited to, automobiles, trucks, motorcycles, four-wheelers, on any grass areas of any City-owned or operated Park or Park Facility. This restriction shall not apply to authorized Park vehicles or to emergency vehicles, i.e., ambulances, firetrucks, etc. If a resident or visitor to the City of Ely has an event for which he/she would like to operate vehicles on the grass areas of any City-owned or operated Park or Park Facility, he/she may obtain prior authorization from the City Public Works Director or his/her designee. That authorization is only valid if it is in writing, signed and executed by the proper city authority. (Ord. 631, 12-11-2008)
5-5-5: Penalty for Violation:
Any person who violates any provision of this chapter shall be guilty of a misdemeanor and may be punished according to the provisions set forth in NRS 207.200 and NRS 193.150.
5-5-6: Areas Affected by Chapter Provisions:
The provisions of this chapter shall apply, without limitation, to all current and future public parks, owned or controlled by the City of Ely that the Ely City Council have designated as a public park (as defined in Section 2 of this Chapter), including any and all City Parks within the city limits of the City of Ely, Nevada.
Effective Date: This ordinance shall become effective twenty days after its passage, approval, and publication according to law.
Proposing Parties: The foregoing ordinance was proposed by Mayor Robertson, at the regularly scheduled meeting of the Ely City Council on the 12th day of August 2021, read by title and referred to the City Council of the City of Ely, as a committee of the whole.
Notice: Notice of filing of such ordinance was duly given by publication as required by law.
Reading: It was read at the regular meeting on the 12th day of August 2021 and adopted by the following vote:
VOTE:         AYES:      ________________
            NAYES:      ________________
            ABSENT:      ________________
            ABSTAIN:      ________________
Approved this _____ day of _________________, 2021
Approved as to form and content
M. Leo Cahoon, Esq., City Attorney