CHAPTER 9
PARKS AND RECREATION REGULATIONS
SECTION:
10-9-1: Definitions
10-9-2: Prohibited Actions In Parks
10-9-3: Traffic And Parking Regulations
10-9-4: Facility Permit
10-9-5: Fees For Use Of City Park And Recreation Areas And Facilities
10-9-6: Penalties
10-9-1: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
   APPLICANT: A person who applies for permit as authorized in this chapter.
   DIRECTOR: The director of the parks and recreation department.
   PARADE: A march or procession of more than twenty five (25) persons, vehicles or other forms of transportation, such as bicycles, or any combination thereof, in or upon the public right of way or in a park that necessitates or results in the exclusion, in whole or in part, of use of the public right of way, including a park by others. Funeral processions shall not be deemed to be included in this definition and shall not be considered a parade.
   PARK FACILITY: A baseball field, softball field, soccer field, tennis court, secured shelter, or unsecured shelter in a park or Riverside Festival Stage.
   PARK, PUBLIC PARK: Any park or playground owned or controlled by the city, including streets, trails, and roadways therein.
   PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity.
   PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or gathering of more than twenty five (25) persons for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the public right of way or in a park.
   PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use.
   SPONSORING AGENCY: Any organization or group, regardless of whether it is legally constituted, and including, but not limited to, corporations and partnerships, on whose behalf a natural person or individual makes application for a park permit.
   TRAIL: A way or place, the use of which is controlled by the city as owner of the real property, used for persons walking, jogging, skateboarding, in-line skating, or bicycling or motorized devices designed for and used by persons with disabilities. (1994 Code; amd. Ord. 04-4125, 5-4-2004)
10-9-2: PROHIBITED ACTIONS IN PARKS:
In any park no person shall:
   A.   Damage To Property, Animals, Trees And Plant Materials:
      1.   Pick or destroy any plant materials or walk or run upon any flowerbeds.
      2.   Break or tear any limbs or branches from any tree.
      3.   Throw objects or missiles at any animal or bird or molest any animal or bird in any way.
      4.   Tear down, mutilate, destroy or carry away any sign constructed under the authority of the City Council or the Parks and Recreation Department.
      5.   Tear down, mutilate, destroy or burn any building, shelter equipment, picnic table, grill, or any personal property owned by the City.
   B.   Motor Vehicles And Traffic 1 :
      1.   Park any vehicle in any area where parking is prohibited by posted signs.
      2.   Drive any vehicle within any park, except upon the designated streets, driveways and parking areas of such parks, except motorized devices designed for and used by persons with disabilities.
      3.   Drive any vehicle within any park at a speed in excess of fifteen (15) miles per hour, unless otherwise posted 2 .
      4.   Drive any vehicle in the wrong direction upon any one-way street within a park.
   C.   Weapons: Carry firearms or weapons into any park. This subsection shall not apply to any peace officer in the execution of the officer's duties or an individual discharging firearms with the written consent of the City for the purpose of killing deer pursuant to a deer management plan.
   D.   Animals:
      1.   Bring, cause or permit any pet to enter into any park unless such animal is on a leash or confined in either a vehicle or in a cage, kennel, crate, or carrier.
      2.   Ride any horse in any park except upon streets and trails, and then only if the horse rider provides for the immediate disposal of solid waste material excreted by any animal.
      3.   This provision shall not apply to: a) an animal trained to assist persons with disabilities; b) a person issued a permit as authorized in section 8-4-12 of this Code; or c) a dog in a City dog park that has been issued a use permit.
   E.   Fires 1: Build or aid and abet the building of any fire in any park, except in stoves or fireplaces designated for such purposes.
   F.   Alcoholic Beverages 2: Possess or consume any alcoholic beverages in any park, except as provided in Section 4-5-3 of the Code.
   G.   Practice Golf: Practice golf in any park.
   H.   Unauthorized Use Of Buildings: Occupy any shelter or building or recreation area which has been reserved by others through the provisions of this chapter or install any unauthorized reserved sign in any shelter, building or recreation area.
   I.   Hours:
      1.   Except as provided for herein, occupy any park, whether on foot, on a non-motorized vehicle, or in a vehicle, or permit any vehicle to remain parked from dusk to dawn at any park. "Dusk" means thirty (30) minutes after "sunset" and "dawn" means thirty (30) minutes before sunrise.
      2.   Exceptions:
         a.   Blackhawk Mini Park remains open at all times and is not subject to the closure hours;
         b.   Chauncey Swan Park and College Green Park are closed from midnight to dawn;
         c.   Persons may use trails and sidewalks as a mode of transportation when a park is closed; and
         d.   The Director or designee may authorize persons to occupy a park after closure hours for a specific event.
   J.   Bicycles, E-Devices, And Nonmotorized Vehicles:
      1.   No person shall travel upon or operate a bicycle, electric assist bicycle, electric scooter, electric skateboard, or nonmotorized vehicle within Chauncey Swan Park or Black Hawk Mini Park.
      2.   Persons may travel upon or operate bicycles, electric assist bicycles, electric scooters, electric skateboards, and nonmotorized vehicles in all other City parks except where posted as prohibited. A person who operates a bicycle, electric assist bicycle, electric scooter or electric skateboard shall exercise caution to avoid colliding with any pedestrian, shall yield the right of way to any pedestrian, and shall not operate it in such manner as to indicate a willful or wanton disregard for the safety of persons or property.
      3.   This provision shall not apply to a person with disabilities using a nonmotorized device designed for a person with disabilities.
      4.   Electric assist bicycles, electric scooters, and electric skateboards mean the same as defined in Title 9, Section 1 of this Code.
   K.   Commercial Use: No commercial use of City parks is allowed except as approved by the Director.
   L.   Smokeless Tobacco: In addition to the prohibition of use of tobacco and electronic cigarettes in City parks as provided in title 6, chapter 10 of this Code, no person shall use smokeless tobacco in any City park except when in a privately owned vehicle. Smokeless tobacco is defined as any product that contains cut, ground, powdered, or leaf tobacco and is intended to be placed in the oral or nasal cavity, including, but not limited to, snuff, chewing tobacco, dipping tobacco, dissolvable tobacco products and snus. (Ord. 04-4125, 5-4-2004; amd. Ord. 10-4400, 7-12-2010; Ord. 12-4504, 12-4-2012; Ord. 13-4563, 12-3-2013; Ord. 17-4729, 10-17-2017; Ord. 19-4791, 5-21-2019; Ord. 19-4806, 9-17-2019; Ord. 19-4812, 11-19-2019; Ord. 21-4855, 5-4-2021; Ord. 21-4859, 6-1-2021; Ord. 24-4925, 6-4-2024)

 

Notes

1
1. See also section 10-9-3 of this chapter.
2
2. See subsection 9-3-6A2e of this Code.
10-9-3: TRAFFIC AND PARKING REGULATIONS 1 :
   A.   Duties Of Director: The Director is hereby authorized and directed to: 1) designate streets and drives for use within the parks; 2) designate parking areas for the parks; and 3) prohibit, regulate or limit stopping, standing or parking of vehicles on the streets, driveways and parking areas in the parks at all times or during specified hours. The Director shall also cause signs to be posted designating streets, drives and parking areas or prohibiting, regulating or limiting stopping, standing or parking in the parks.
   B.   Vehicle Owner Prima Facie Responsible For Violations: If any vehicle is found stopped, standing or parked in any manner violative of the provisions of this chapter and the identity of the operator cannot be determined, there is a rebuttable presumption that the owner is responsible for such violation. (Ord. 04-4125, 5-4-2004)

 

Notes

1
1. See also subsection 10-9-2B of this chapter.
10-9-4: FACILITY PERMIT:
   A.   Permit Required: It shall be unlawful for any person or group of persons to use any park or the facilities of any park without complying with the requirements of chapter 1 of this title including first having obtained a parade/public assembly permit if applicable.
   B.   Secured Shelter: No person or sponsoring agency shall use a secured shelter without obtaining the authorization of the Director or designee.
   C.   Park Facility: Any person or sponsoring agency may reserve a park facility by completing and filing an application with the Director on a form prepared by the Director. (Ord. 04-4125, 5-4-2004)
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