§ 105.98 ENFORCEMENT.
   (A)   Compliance with rules and regulations of this chapter is a condition of the use of the public parks and recreation areas of the city, and all peace officers shall have the right and power to arrest any person who may violate any of the rules, regulations, orders, or requirements of any ordinance or general law relating to the maintenance of the parks located within or without the corporate limits of the city.
   (B)   All park property owned and operated by the city shall be under the jurisdiction of the Police Department of the city, and all rules and regulations concerning said properties shall be enforced as provided herein.
   (C)   The Director and park attendants may in connection with their duties diligently enforce the provisions of this chapter.
   (D)   Proof of the fact that any device, sign, signal or marking designating or restricting any area of a park for particular hours, purposes, or uses was actually in place at any location in the city shall constitute prima facie evidence that the same was installed under the authority of law.
   (E)   It is an affirmative defense to prosecution under this chapter that at the time and place of the alleged violation the person:
      (1)   Had obtained written permission from the city or the Director to engage in the activity for which the offense is charged;
      (2)   Was acting on instructions lawfully given by a peace officer, the Director, or a park attendant;
      (3)   Was an employee or contractor of the city, or other public official, acting in the course and scope of his or her official duties in performing the activity for which the offense is charged; or
      (4)   Was responding appropriately to an emergency involving a sudden or unexpected occurrence of a serious and urgent situation which requires immediate action to preserve life or property, including without limitation fire, natural disaster, an automobile accident, or seeking immediate medical treatment for any person.
(Ord. 2019-34, passed 10-22-19)