(a) Definitions. The following terms, as used in these Rules and Regulations shall mean:
(1) “Park or Parks” means [Palatine Park] Fifth Street Park, Norwood Park, Morris Park, Bellview Park, Oliver Avenue Park, Morgantown Avenue Mini Park, and Windmill Park and such other parks or recreational facilities which shall be placed under the jurisdiction of the Commission pursuant to the provisions of Section 162.02 of this Article;
(2) “Commission” means the Fairmont Parks Commission, Fairmont, West Virginia.
(3) “Manager” shall mean the City Manager or his designee.
(b) Opening and Closing. All park areas shall be closed to park visitors, guests and the public as posted in accordance with Section 162.09(g) of this Article with the following exception:
(1) A person or group with a written contract signed by the Manager giving permission for the use of the park or a particular facility to a specified hour.
(c) Emergency Park Closing. No person or persons may enter any park or any area of such park at any time that the park or any portion thereof or facility therein, as the case may be, has been closed on order of the Manager as a result of an emergency. The Manager may, in his sole discretion, determine what constitutes an emergency and the duration of the closure.
(d) Motor Vehicles, All-Terrain Vehicles, Skateboards, Bicycles and Any Other Wheeled Vehicular Recreational Apparatus or Device. No person may operate a motor vehicle, all-terrain vehicle, skateboard, bicycle, tricycle, motorcycle or unicycle or any other wheeled vehicular recreational apparatus or device upon any park property or upon any facility therein except in accordance with the laws of the State of West Virginia and the ordinances of the City of Fairmont.
(e) Preservation of Property and Natural Features and Animals. No person shall injure, deface, disturb, or befoul any part of any park building, sign, equipment, turf area, or other property found therein; nor shall any tree, flower, shrub, rock, or other mineral be removed, injured, or destroyed. No person within the confines of any park shall hunt, pursue with dogs, trap, molest, harm, harass, or injure any bird or animal found within the confines of the park, or molest any bird’s nest or take the eggs of any bird.
(f) Use of Recreational Facilities.
(1) The Fairmont Parks Commission shall establish fees and charges for the use of the park and their facilities and shall establish specific regulations governing their use. No person shall make use of the recreational facilities without paying the required fee and adhering to the rules and regulations governing use of said facility.
(2) Recreational facilities are for use by persons or groups with a written contract signed by the Manager giving permission for such use. The individual or group must have a permit in its possession signed by the Manager.
(3) Contracts and other forms necessary for the rental and use of park facilities shall be developed by the Manager, subject to the approval of the Commissioner.
(g) Prohibited Uses and Restrictions; Posted Signs. In order to ensure the health, safety and well-being of all park patrons, in addition to the prohibitions for the use of the parks and park facilities herein provided, no person shall use or permit the use of any park or park facility for any conduct, activity or use which may be otherwise prohibited, regulated, limited or restricted by posted signs except as permitted, regulated, limited or restricted by such signs.
(h) Camping. No person shall establish or maintain any camp or other temporary lodging place within any park.
(i) Revocation of Permits. The Manager or his authorized representative has the authority to revoke any and all permits upon the finding of violation of any park rule or regulation by any person or persons.
(j) Beer and Wine. Beer and wine sales in any park shall only be conducted by approved vendor(s) and are restricted to those areas for which appropriate licenses and permits have been secured.
Possession of beer and wine shall be restricted to those areas for which appropriate licenses and permits have been secured.
(k) City and State Code Applicable. All provisions of the West Virginia Code of 1931, as amended, and the Fairmont City Code shall be applicable to the use of the parks and park facilities. If any of these Rules or Regulations shall be deemed in conflict with or contrary to any provision of the West Virginia Code or the Fairmont City Code, said Rule or Regulation shall be deemed to be amended to comply therewith.
(l) Penalty Notice. Any person who violates any of the provisions of these Rules and Regulations shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine not exceeding five hundred dollars ($500.00).
Jurisdiction to enforce these Rules and Regulations shall lie with the Municipal Court for the City of Fairmont.
(m) Severability. If any section, sentence, clause, or phrase of this article shall be declared invalid for any reasons whatsoever, such decision shall not affect the remaining portions of this article which shall continue in full force and effect, and to this end the provisions of this article are hereby declared to be severable.
(Ord. 1747. Passed 7-11-17.)