7-5-1: CONDUCT IN PARKS AND RECREATION AREAS:
   A.    Purpose And Applicability: The rules in this chapter are enacted to ensure the quiet, orderly, and responsible use and enjoyment of the City's public park facilities. The rules apply in all City parks and recreation areas, unless expressly exempted.
   B.    Definitions: For the purpose of this chapter, these terms, wherever used in this chapter, shall mean and be interpreted as follows:
   ANIMAL: Any cat, dog, mink, ferret, fowl, reptile, bird, or other similar wild or domestic animal.
   CITY ADMINISTRATOR: The Inver Grove Heights City Administrator or his or her designee(s).
   HE/HIS: Shall include masculine or feminine.
   PARK/PARK FACILITY/RECREATION AREA: A park, conservation area, playground, beach, recreation center, trail, or any other area in the City owned, leased, operated or used, wholly or in part, by the City, as a park or for active or passive recreational purposes, or which is designated by the City Council as a park.
   C.    Hours Of Operation:
      1.    Parks and public trails will be open for public use between six o'clock (6:00) A.M. and ten o'clock (10:00) P.M. No person, except employees in the performance of their duties or law enforcement officers, shall be on such property between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. except as otherwise permitted in this chapter or pursuant to a permit granted by the City.
      2.    Any park or any section of any park may be declared closed to the public by the City Administrator at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or merely for certain uses, if there exists or it is anticipated that there will exist, conditions which prevent safe and practical use of the area. When closed in accordance herewith, any person shall have the right to appeal such decision to the City Council at its next regular meeting.
      3.    Individuals participating in or observing games at lighted athletic fields must exit the field and park by no later than ten thirty o'clock (10:30) P.M.
   D.    Prohibited Activities: No person shall do any of the following in a park:
      1.    Distribute or display, or place on vehicles parked within a park, any circulars, cards, or announcements when the intention of such activity is to promote a commercial enterprise.
      2.    Leave unattended in any park any goods, wares, merchandise, items, recreational apparatuses such as soccer goals, portable basketball hoops, or other articles which interfere with the free use and enjoyment of the park by the public.
      3.    Sell, solicit, or carry on any business or commercial enterprise or service unless explicitly authorized to do so by a permit issued by the City; provided that refreshments or other articles may be sold by the City or by persons authorized by the City to do so.
      4.    Destroy, deface, damage, or remove any land, building, or personal property of the City, including, but not limited to, trees, vegetation, ruins, relics, and geological formations.
      5.    Post, paste, fasten, paint or affix any placard, bill, notice or sign upon any structure, tree, stone, fence, thing or enclosure, other than on a designated billboard, without the written permission of the City Administrator.
      6.    Plant, cut, burn, damage, disturb, or remove any soil, flower, plant, tree, or other vegetation from a park, with the exception of items grown in a person's individual community garden plot and removed by the lessee of the garden plot or his or her designee.
      7.    Kill, injure, molest, pursue, trap, capture, or remove any wild animal except when necessary to protect the immediate safety of a person or domestic animal, or destroy or damage its habitat. This prohibition does not apply to a law enforcement officer or other persons authorized by the City Administrator who are performing official duties.
      8.    Launch or remove motorboats or other mechanically propelled boats from or across City park property. This section shall not apply to boats being used in an emergency recovery, for emergency training purposes, or for maintenance of waters abutting City park property.
      9.    Enter into waters adjacent to any City park from or through park property. This prohibition does not apply to law enforcement officers, emergency personnel, or other persons authorized by the City Administrator while performing official duties.
      10.    Throw, deposit, place, or leave in any park or waters thereon any paper, garbage, rubbish, waste, cans, substance, bottles, grass, snow, or refuse of any kind except in receptacles provided for the collection of waste or with written permission from the City Administrator. A person must not discard large items or items unrelated to the use of the park facilities into dumpsters or other garbage containers located in a park.
      11.    Ride a horse or pony except in areas designated and posted for the riding of such animals. The City Administrator shall designate and cause the proper posting of those areas in parks where horses and ponies may be ridden. Horses must be maintained under control at all times and shall not be ridden in a manner that endangers the safety or property of any person.
      12.    Unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for passage any area without first obtaining permission from the City Administrator.
      13.    Shoot or discharge any weapon, including a pistol or bow and arrow, or fireworks, explosives, model rockets, or similar items in a park, or possess any weapon, fireworks, or explosive within a park unless authorized to do so by the City Administrator, as part of a City authorized program, by City ordinances, or by State Statutes. This prohibition does not apply to law enforcement officers, emergency personnel, or other persons authorized by the City Administrator while performing official duties.
      14.    Possess or bring into a park any pistol, revolver, rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow or other similar weapons except as part of a City authorized program or as otherwise allowed by State or Federal law. This prohibition does not apply to law enforcement officers, emergency personnel, or other persons authorized by the City Administrator while performing official duties.
      15.    Use a golf club to hit, chip, putt, drive, or otherwise propel a golf ball or other object, except in designated golfing areas located at the Inver Wood Golf Course or as a part of a City authorized program.
      16.    Engage in sexual conduct, including sexual intercourse or masturbation.
      17.    Possess any glass bottles or other glass objects.
      18.    Use a park shelter at a time when it has been reserved by another.
      19.    Use or possess any illegal drugs.
      20.    Feed wild animals or birds except pursuant to a City authorized program.
      21.    Erect, use, or allow to be used any inflatable structure, including bounce houses and similar structures, without first obtaining a permit from the City.
      22.    Fail to obey all posted rules and park regulations.
      23.    Operate a radio, musical instrument, stereo, or other device used for the conveyance of sound in a manner that causes the sound from such device to be plainly audible from a distance of fifty feet (50'). This provision shall not apply to scheduled musical performances authorized by the City occurring in park facilities.
      24.    Engage in any violent, loud, or other disorderly conduct creating or tending to create a breach of the peace.
      25.    Enter a posted restricted area. This prohibition does not apply to law enforcement officers, emergency personnel, or other persons authorized by the City Administrator while performing official duties.
      26.    Release any insect, fish, or other wildlife, or introduce within a park any plant, chemical, or other agent potentially harmful to vegetation, with the exception of chemicals permitted by the community garden policies to be used in community garden plots, which may be used by a lessee in his or her rented garden plot.
   E.    Fires: No person shall start or maintain any fire in a public park, except recreational fires in fire rings, stoves, or fireplaces provided for such purpose, or in portable metal grills, or leave any fire made or used by him or her unextinguished when he or she leaves the park. Portable grills must be placed on a concrete surface. Ashes or coals from any fire must be thoroughly wet before being disposed of in a trash container.
   F.    Animals: No person shall bring any animal into any park, public trail, or public sidewalk unless it is on a leash no more than sixteen feet (16') long. All animals are prohibited on all athletic fields, courts including within all fenced in athletic areas, and park buildings. No animal may be off leash in any park except in a designated off leash area. Persons in control of animals within a park must promptly remove and dispose of the animal's waste. The prohibitions in this subsection shall not apply to service animals or to animals kept by the City, under the City's direction, or otherwise permitted by the City Administrator. The designated off-leash area includes:
      1.    Inside the fenced area of the Heritage Village Park off-leash dog park.
   G.    Trails And Sidewalks: On a recreational trail or a sidewalk, a person must:
      1.    Provide sufficient room for other trail users traveling in the opposite direction;
      2.    Use caution when passing another user traveling in the same direction;
      3.    Stay on the improved portion of the trail;
      4.    When riding a bicycle, yield the right-of-way to pedestrians and comply with State laws governing the use of bicycles on public roadways; and
      5.    Obey all official signs and traffic control markings and signals.
   H.    Camping: No person shall be permitted to camp overnight in any park, nor shall anyone be permitted to park a camper or camp trailer in a park parking lot except during the hours of operation specified in subsection C of this section.
   I.    Permits: Applications for permits for activities requiring a permit under this chapter must be submitted to the City in accordance with the procedures prescribed by the City Administrator. The City Administrator may deny a permit application if it is incomplete, not accompanied by a required fee or proof of insurance, or when the proposed activity may adversely affect the public health, safety, or welfare, or the condition of the park facility. The City Administrator may add conditions to any permit to mitigate potential adverse effects or to ensure the quiet and orderly use and enjoyment of the park facility. Any person aggrieved by an action of the City Administrator under this section may appeal the action to the City Council by submitting a request in writing to the City Administrator within ten (10) days after notice of the action.
   J.    Activity Fees: Where the City charges a fee for an activity or an event occurring within a City park, no person shall participate in that activity or event without first paying the fee for the activity or event; provided, however, the City Council by resolution may waive or modify the fee.
   K.    Large Group Gatherings: No large group gathering may be held at a park without first obtaining a permit from the City for the gathering. "Large group gatherings" are defined as uses or activities which during the course of their operation are likely to attract twenty (20) or more people.
   L.    Alcoholic Beverages: No person shall sell, consume, possess, mix or prepare any alcoholic beverages in any City park, including in any parking areas, subject to the following exceptions:
      1.    If a license is obtained, intoxicating liquor may be sold at Inver Wood Golf Course and may be consumed at Inver Wood Golf Course if purchased from Inver Wood Golf Course, but sale and consumption shall only occur in the areas specifically prescribed in the license.
      2.    Persons of lawful age may possess and consume 3.2 percent malt liquor in South Valley Park but only in or within one hundred fifty feet (150') of the group picnic shelter located in the park, and only in conjunction with an event for which the sponsor has obtained a permit from the City to use the group picnic shelter, and only if the person possessing or consuming the 3.2 percent malt liquor is an invited guest of the event sponsor.
      3.    Persons of lawful age may possess and consume 3.2 percent malt liquor in Rich Valley Park subject to such rules and regulations as the City Council, by resolution, may from time to time impose.
   M.    Rules, Regulations And Policies:
      1.    Rules, regulations, and policies applicable to one or more City parks may be adopted from time to time by the City Council. The rules and regulations shall be listed in this Code, be prominently posted in the places where they are intended to apply, be listed on the City's website, or be made available for review at City Hall.
      2.    Emergency rules or regulations may be implemented by the City Administrator on a temporary basis when deemed necessary in the public interest and shall become effective upon posting in the affected area. Such rules or regulations shall remain in effect for a period not to exceed thirty (30) days.
   N.    Prohibited Conduct; Penalty: It is unlawful for any person to engage in an act or in any behavior prohibited by this chapter. Violation of any provision of this chapter is a misdemeanor and may be punished as provided in title 1, chapter 4 of this Code. Individuals who fail to comply with the rules and regulations in this chapter may be excluded from the use of the park where the violation occurred. The provisions of this chapter may be enforced by City authorized peace officers, officers of the Dakota County Sheriff's Office, community service officers, and other authorized licensed peace officers.
   O.    Conflict: In the event of conflicting provisions, the more restrictive provisions shall apply. (Ord. 1367, 4-8-2019, eff. 5-1-2019)