CHAPTER 15:  PARKS AND RECREATION
Article 1:  Administration and Control
   15-1.   Council authority to make rules
   15-2.   Fees to be determined
Article 2:  Lake Guthrie and Liberty Lake
   15-15.   Use of facilities; permits and fees
   15-16.   Fees established
   15-17.   Possession of permit required; general rules
Article 3:  (Reserved)
Article 4:  Travel Over Guthrie Lake Dam
   15-45.   Speed limits
   15-46.   Enforcement
Article 5:  Park Board
   15-60.   Creation and membership
   15-61.   Organization
   15-62.   Powers and duties
   15-75.   Penalty
ARTICLE 1:  ADMINISTRATION AND CONTROL
§ 15-1  COUNCIL AUTHORITY TO MAKE RULES.
   The City Council or Guthrie Parks Board shall promulgate, invoke, create, amend and enforce rules, regulations and other requirements, as it deems necessary or expedient in connection with fishing, fishing privileges, swimming and the use of all other recreational facilities owned or operated by the city.
(`90 Code, § 15-1) (Am. Ord. 3229, passed 3-20-12)
§ 15-2  FEES TO BE DETERMINED.
   The city shall provide by rules, from time to time, the fees charged for any recreational privileges on any property or facility for recreational purpose owned or operated by the city.
(`90 Code, § 15-2) (Am. Ord. 3229, passed 3-20-12)
ARTICLE 2:  LAKE GUTHRIE AND LIBERTY LAKE
§ 15-15  USE OF FACILITIES; PERMITS AND FEES.
   (A)   It shall be unlawful to use any recreational facilities on either Lake Guthrie or Liberty Lake without first having obtained a permit and having paid the fee therefor. Recreational facilities shall include all land around the lakes, campsites, trails, boat ramps, picnic areas, lakes themselves, docks, bank, and the like. All facilities must be in compliance with the rules and regulations in connection therewith adopted by the City Council. Fees shall not be required for the enclosed area designated as Mitchell Park or for individuals sitting in their motor vehicle alongside Guthrie Lake, provided they are not fishing out of the vehicle.
   (B)   Division (A) applies to the present rules and regulations adopted as may be changed from time to time.
(`90 Code, § 15-3)  (Ord. 2404, passed - - ; Am. Ord. 3104, passed 7-16-02; Am. Ord. 3229, passed 3-20-12)
§ 15-16  FEES ESTABLISHED.
   The City Council shall establish a schedule of fees by resolution.
(`90 Code, § 15-4)  (Ord. 2633, passed - - ; Am. Ord. 3104, passed 7-16-02; Am. Ord. 3229, passed 3-20-12)
§ 15-17  POSSESSION OF PERMIT REQUIRED; GENERAL RULES.
   (A)   (1)   Each person using any of the recreational facilities on either lake shall have on his or her person a proper paid permit therefor which must be exhibited to a game ranger or like employee or any police officer of the city upon request.
      (2)   Failure to have the permit in the possession of the person currently using the facility or failure to exhibit the permit to a game ranger or lake employee or police officer of the city upon request shall be an offense and upon conviction thereof, the person shall be punished as provided herein.
   (B)   The general rules for use of either Guthrie Lake or Liberty Lake, which include the possession and/or purchase of a daily or annual permit prior to using any lake facilities shall be determined by the Parks Board or City Council and placed at a location available to the public. State laws shall also be in effect in any instance regarding fishing requirements, rules and regulations not specifically addressed by Guthrie Lake or Liberty Lake rules.
   (C)   Authority for the enforcement of these rules is delegated to the respective lake rangers and/or police officers, as supervised and approved by the City Manager or his or her designee.
(`90 Code, § 15-5)  (Ord. 2604, passed - -; Am. Ord. 2823, passed - -; Am. Ord. 2970, passed 4-6-93; Am. Ord. 3074, passed 10-17-00; Am. Ord. 3104, passed 7-16-02; Am. Ord. 3195, passed 6-3-08; Am. Ord. 3196, passed 7-15-08; Am. Ord. 3229, passed 3-20-12)
ARTICLE 3:  (RESERVED)
ARTICLE 4:  TRAVEL OVER GUTHRIE LAKE DAM
§ 15-45  SPEED LIMITS.
   (A)   By reason of the fact that it is dangerous to travel across the dam at Guthrie Lake on the roadway provided therefor, at a speed greater than 30 mph, there is hereby established a speed limit for motor vehicles of all types, including motorcycles, of 30 mph on the roadway constructed across the dam at Guthrie Lake.
   (B)   Anyone driving a motor vehicle of any description whatsoever, including motorcycles, on the roadway located on the dam at Guthrie Lake at a speed in excess of 30 mph is hereby declared to be guilty of an offense.
   (C)   Anyone found guilty of driving a motor vehicle of any description whatsoever, including motorcycles, on the roadway on the dam at Guthrie Lake at a speed in excess of 30 mph shall be punishable as provided in this Code of Ordinances.
(`90 Code, § 15-8)  (Ord. 2546, passed - -; Am. Ord. 2823, passed - -; Am. Ord. 3171, passed 2-21-06; Am. Ord. 3229, passed 3-20-12)
§ 15-46  ENFORCEMENT.
   All police officers of the city, including the custodian of the lake, if he or she has police commission, shall have the authority to enforce this article.
(`90 Code, § 15-9)  (Ord. 2546, passed - -; Am. Ord. 3171, passed 2-21-06; Am. Ord. 3229, passed 3-20-12)
ARTICLE 5:  PARK BOARD
§ 15-60  CREATION AND MEMBERSHIP.
   There is hereby created a Park Board consisting of five appointive members, all of whom shall be residents of the city and who shall be appointed at-large by the Mayor with the approval of the City Council.  The members of the Board shall serve a two-year staggered term.  Terms shall expire at the first regular City Council meeting in June.  The members shall serve until their successors have been appointed and qualified.  The City Manager or his or her designee shall be an ex officio, non-voting member of the Park Board.  Vacancies on the Board shall be filled for the balance of the unexpired term in the same manner as provided in this section.  Before entering into the performance of his or her duties, each member shall take and subscribe to the oath of office as required by law.  The members of the Board shall serve without compensation.
(Ord. 3020, passed 6-3-97; Am. Ord. 3102, passed 6-4-02; Am. Ord. 3157, passed 4-5-05; Am. Ord. 3174, passed 3-21-06; Am. Ord. 3229, passed 3-20-12)
§ 15-61  ORGANIZATION.
   The Park Board shall select the Chair, Vice-Chair, Secretary and Assistant Secretary from among its members.  A quorum of the Board shall consist of three voting members.  The Chair of the Board may appoint standing or special committees composed of a lesser number, provided that no recommendation shall be forwarded to the City Council without the affirmative vote of a majority of all the members of the Board.  The Board shall hold regular meetings not less than quarterly, and special meetings may be called by the City Manager, the Chair or any three Board members.  Any member who is absent from more than one-half of all meetings of the Board, regular and special, held within any period of six consecutive calendar months shall cease to hold office.  A member shall refrain from voting on or participating in deliberations of the Board on matters in which he or she has any financial interest, directly or indirectly.  Except as provided in this article, the Board shall determine its own rules.
(Ord. 3020, passed 6-3-97; Am. Ord. 3102, passed 6-4-02; Am. Ord. 3157, passed 4-5-05; Am. Ord. 3174, passed 3-21-06; Am. Ord. 3229, passed 3-20-12)
§ 15-62  POWERS AND DUTIES.
   (A)   The Park Board shall serve in an advisory capacity to the City Council on matters pertaining to the parks and recreation programs of the city; however, the Park Board shall have the authority to set rules and regulations on matters pertaining to the parks and recreations programs of the city.  The City Council may adopt, reject, modify or amend the recommendations, regulations or rules set forth by the Board. Among the matters the Board may consider are:
      (1)   The acquisition or disposal of public property for parks and recreation purposes;
      (2)   The development of short and long range goals for parks and recreation, including the formulation of a master plan;
      (3)   The beautification and enhancement of parks, including proposed capital improvements;
      (4)   The creation, implementation and expansion of city sponsored recreation programs; and
      (5)   The adoption, amendment and enforcement of rules, regulations, fees, charges and policies for and governing the use of city park properties and facilities and recreation programs.
   (B)   Findings and recommendations of the Board regarding the maintenance and upkeep of existing parks properties and facilities shall be referred to the City Manager for appropriate action.
(Ord. 3020, passed 6-3-97; Am. Ord. 3102, passed 6-4-02; Am. Ord. 3157, passed 4-5-05; Am. Ord. 3174, passed 3-21-06; Am. Ord. 3229, passed 3-20-12)
§ 15-75  PENALTY.
   (A)   It shall be unlawful for any person to use any of the recreational facilities or to hunt, fish, swim or use any boat in connection with any of the recreational facilities owned or operated by the city, without having complied with the rules and regulations promulgated by the City Council or Park Board in connection therewith and anyone violating any of the rules and regulations, or failing to comply with such, shall be guilty of an offense, and upon conviction thereof, shall be punished as provided in this code.
(`90 Code, § 15-10)  (Ord. 2823, passed - -)
   (B)   Any person convicted of violating any of the provisions of § 15-17 shall be guilty of a misdemeanor offense and shall be punished by a fine of not more than $100, plus court costs, and each day that an act or a violation occurs or continues, shall constitute a violation of § 15-17, and be construed as a separate offense.
(`90 Code, § 15-5)  (Ord. 2604, passed - -; Am. Ord. 2823, passed - -; Am. Ord. 2970, passed 4-6-93; Am. Ord. 3074, passed 10-17-00; Am. Ord. 3229, passed 3-20-12)
Cross-reference:
   Arraignment; pleading, see § 12-24