(A) No person shall, either by word or act, indulge in any noise, boisterous, disorderly, or indecent conduct, or in any manner disturb the peace or good order of the community within the park by loud playing of record players, televisions, radios, tape recorders, noisemakers, sound equipment, musical instruments, fighting, quarreling, or wrangling with loud voices or shouts, threatening violence to the person or property of others, or engaging in riotous clamor or tumult. No person shall disturb or intrude on a picnic or gathering in any park without consent of those composing the group except park employees in the proper pursuit of their duties.
(B) Unlawful assemblage. No group shall collect or assemble within the park to do an unlawful act or for the purpose of inflicting injury to persons or property within the park.
(C) Sale of merchandise. No person shall offer or exchange for sale any article of merchandise or do any hawking, peddling, or solicitation, or buy or offer to buy any article of merchandise or take up any collection or solicit or receive contributions of money or articles of value except when authorized by permit or under contract with the Department.
Cross-reference:
Peddlers, solicitors, and itinerant merchants, see Ch. 117
(D) Assault or bodily injury. No person shall without lawful authority engage in conduct which places another in reasonable apprehension of receiving a battery nor shall any person intentionally or knowingly without legal justification and by any means cause bodily harm to an individual.
(E) (1) Drinking, under influence of, possession of alcoholic liquor or dangerous drugs. No person shall drink, sell, possess, make a gift, or offer for sale any alcoholic liquor or dangerous drugs within the park, except as permitted under division (E)(2) below. No person under the influence of alcoholic liquor or dangerous drugs shall enter or remain within the park, nor shall any person within the park use, administer, receive, offer for sale, possess, or make available to himself or herself, or any person, any alcoholic liquor or dangerous drugs except as permitted under division (E)(2) below.
(2) Sale and consumption of alcoholic beverages in Foster Park during certain events. The sale and consumption of alcoholic beverages in Foster Park is permitted under the following conditions:
(a) Approval for the sale and consumption of alcohol must be obtained from the Kokomo Board of Park Commissioners.
(b) The applicant must demonstrate a partnership with a non-profit organization that serves Kokomo and Howard County and possesses a permit from the City of Kokomo for an approved event at the Kokomo Arts Pavilion in Foster Park.
(c) The applicant must possess a valid temporary beer/wine permit from the Indiana Alcohol and Tobacco Commission.
(d) The sale and consumption of alcoholic beverages must be limited to an enclosed area against the east fence on the north tennis courts in Foster Park.
(e) The applicant acknowledges it is a criminal offense to sell or furnish alcoholic beverages to an intoxicated person and may assume civil liability from such actions.
(f) The applicant must designate one person to check identification and one person to provide security for the designated area at all times during the event.
(F) Concealed or unlawful weapons and harmful substances. No person, except park rangers or law enforcement officers of the Board, or other law enforcement officers in the line of duty, shall have or carry any switchblade, hunting knife, dagger, metal knuckles, chain, slingshot, blowgun, any dangerous lethal instrument, harmful solid, liquid aqueous, effervescent, gaseous substance, or other dangerous weapon concealed on or about his person while within the park.
Cross-reference:
Possession of firearms, see § 96.16
(G) Gambling. No persons shall engage in any game of chance or in the use of any gambling device nor shall any person tell fortunes for pecuniary reward.
(H) Profanity and abusive language. No person shall use obscene, profane, or abusive language while within the park.
(I) Loitering and vagrancy. No person or group of persons shall loiter in or near any building, toilet, stable, swimming pool, community center, or other park structure, or loiter in or near a vehicle or vehicles within the park.
(J) Unlawful entry of toilets. No persons, except park maintenance employees on duty, or park rangers or law enforcement officers, shall enter a toilet room set aside for the opposite sex.
(K) Persons acting unlawfully to be removed from park. No person shall remain within the park who does not abide by conditions adopted and posted by the Board for the preservation of good order and the protection of property within the park, and no person shall remain within the park who does not abide by the instructions and directions of duly authorized park rangers, employees, or agents of the Board, in the lawful performance of their duties. Any person directed by a park ranger, employee, or agent of the Board to leave the parks, shall do so promptly and peaceably.
(L) Unlawful to resist, obstruct, or abuse enforcement officers. No person shall resist or obstruct, or be abusive of or address in a profane or obscene manner, any park ranger, law enforcement officers, agent of the Board, or any employee engaged in work for the Department.
Cross-reference:
Interference, see § 130.07
(M) Failure to comply with orders of park personnel or rangers. No person shall fail or refuse to comply with any reasonable order relating to the regulation, direction, or control of traffic, or to any other order lawfully given by any park personnel or law enforcement officer acting under the authority of the Board or willfully resist, obstruct, assault, or abuse any park personnel or law enforcement officer or any other official in the execution of his office, or in any manner give aid to any person to escape from custody or to attempt to escape from impending arrest or custody.
(N) Assisting park rangers. Any park ranger may at any time call on any able-bodied male person above the age of 18 years to aid him in arresting, retaking, or holding in custody any person who has violated laws and ordinances of the Department, or for any unlawful act.
(O) Contributing to delinquency of a minor. No person shall contribute to the delinquency of any minor while within the park.
(P) Equal rights of others. Every person shall conduct himself with due regard to the equal rights of others to the use and enjoyment of the park.
Cross-reference:
Human Relations Commission, see § 33.17
(Q) Throwing stones or missiles. No person shall throw or cast any stones or other missiles in the park.
(R) Impersonation of officers. No person shall falsely represent or impersonate any police officer of the Department.
(S) Begging. No person shall beg or solicit alms in any manner in any park.
(Ord. 4809, passed 2-26-79; Am. Ord. 6644, passed 8-8-11; Am. Ord. 6675, passed 5-21-12) Penalty, see § 96.99