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(A) Depositing unauthorized waste in park. No person shall, without authorization of the Board, leave behind or dump any material of any kind, whether waste or otherwise, in the park, except refuse, ashes, garbage and other material arising from normal use and enjoyment of a picnic. Such material shall be deposited in receptacles left or deposited within or near the parks so as not to pollute the land, waters or air passing through or over the parks. No bottles, cans, refuse or foreign materials of any description shall be deposited or thrown in any of the streams, waterways, ponds or lakes located in the parks.
(B) Prohibited noxious or deleterious materials. No person shall, either within or outside a park, place or permit to be placed any material which may pass through or flow into a park lake, stream, river, brook, pond or other body of water which renders park waters harmful to public use or to animal, vegetative or aquatic life.
(C) Air pollution and damage.
(1) No person, by himself or by his agent or employee, shall cause, suffer or allow the burning of garbage, refuse, waste material, trash, motor vehicle (or any part thereof) or other combustibles within or adjacent to a park so as to cause smoke, haze, odor, sparks, dust, dirt or other type of matter or gaseous substance to come upon, pass through or over a park which would cause an air pollution nuisance or damage to person or property.
(2) Open fires, as described in § 100.06, shall be permitted, provided they are maintained so that such burning may be accomplished without emission of dense smoke or damage to person or property.
(Ord. 2011-14, passed 12-27-11) Penalty, see § 100.99
(A) Fishing size and catch limitations. No largemouth bass shorter than 14 inches (tip of nose to tip of tail) shall be caught and kept. A daily catch limit of four largemouth bass will be enforced. A daily catch limit of ten inches will be imposed on all channel catfish which are caught. No catch limit or any size limit will be imposed on other species of fish. The Board may cause such park waters, as it deems advisable, closed to fishing and shall so post them. In all other park waters, fishing shall be permitted subject to the statutes of the State of Indiana and to the Board's fishing rules and regulations.
(B) Non-game fish introduction. No person shall introduce any non-game or game fish species, including but not limited to carp, northern bullhead and dogfish, into waters without permission of the Board. No minnows, suckers, shiners, chubs or any other live fish will be allowed for bait.
(C) Fishing at Evergreen Pond. The pond will be open to all ages for fishing. A person fishing at Evergreen Pond must comply with state fish and game regulations.
(D) Violation of fishing regulations. Any person in violation of the Board's fishing regulations is subject to being banned from fishing at designated parks and/or being prosecuted pursuant to this chapter.
(Ord. 2011-14, passed 12-27-11; Am. Ord. 2018-10, passed 5-14-18) Penalty, see § 100.99
(A) Starting fires. No person shall start a fire in a park, except small fires for culinary purposes in park grills or privately owned grills, or fires in a place designated and approved by the Board and/or Director. The Director, at his discretion, may prohibit fires for limited periods at any location or for any purpose when necessary for protection of park property. Any fire shall be continuously attended under the care and direction of a competent person. All fires shall be extinguished by the person(s) starting or using the fire before leaving the immediate vicinity of the fire. No fires shall be built within ten feet of any trees or buildings or beneath the branches of any trees or in any underbrush.
(B) Hot ashes. Ashes shall be deposited only in specified areas or designated receptacles but not in picnic refuse receptacles.
(C) Gathering fuel for fires. No person shall be allowed to gather or use timber, wood, twigs, branches, leaves or other forest material as fuel for fires within a park, except by special permit from the Board and/or Director.
(D) Portable stoves or grills. No portable stoves or grills shall be permitted in the shelters or on picnic
tables.
(E) Lighted matches, cigars, and the like. No person shall throw away or discard any lighted material, including matches, cigars or cigarettes, within park property, except into the designated receptacles for that purpose.
(Ord. 2011-14, passed 12-27-11; Am. Ord. 2018-24, passed 8-27-18) Penalty, see § 100.99
(A) Discharge of weapons. It shall be unlawful for any person, except police officers in the performance of their duties, to point, aim, fire, discharge, or shoot any gun, pistol, rifle, revolver, shotgun, slingshot, explosive, or firework (except as provided for and allowed under § 93.101) within the town limits except as specifically provided in herein.
(B) Town Hall. It shall be unlawful and a violation of this section for any person to carry or possess, or to permit or allow to be carried any type of firearm or other weapon in or on the premises of the Lowell Town Hall located at 501 East Main Street, Lowell, IN 46356.
(C) The regulations and prohibitions of this section shall not apply to any sworn police officer, judicial officer, or members of the United States Armed Forces in the performance of their duties.
(Ord. 2011-14, passed 12-27-11; Am. Ord. 2016-01, passed 1-25-16) Penalty, see § 100.99
(A) Sleeping in parks. Except in areas set aside for camping, no person shall sleep in any park between dusk and dawn.
(B) Camping in parks. No person shall camp within any park, except pursuant to written permission from the Director or the Board or pursuant to written or oral permission given by law enforcement personnel in cases of emergency.
(Ord. 2011-14, passed 12-27-11; Am. Ord. 2018-24, passed 8-27-18) Penalty, see § 100.99
(A) Disturbing the peace, loudness, fighting, riotous tumult, profanity and abusive language. No person shall, either by word or act, indulge in any boisterous, disorderly or indecent conduct, or in any manner disturb the peace or good order of the community within a park by loud playing of any electronic device, record player, television, radio, tape recorder, noisemaker, sound equipment or musical instrument. No person shall engage in fighting, quarreling or wrangling with loud voice or shouts, threatening violence to the person or property of others, or engaging in riotous clamor or tumultuous behavior. No person shall disturb or intrude upon a picnic or gathering in any park without consent of those composing the group, except park employees in the proper performance of their duties.
(B) Unlawful assemblage. No persons or group shall collect or assemble within a park to do an unlawful act or for the purpose of inflicting injury to persons or property within a park.
(C) Sales of merchandise. No person shall offer or exchange for sale any article of merchandise, or do any hawking, peddling, solicitation, buying or selling, or offering to buy any article of merchandise, or taking up any collections, or soliciting or receiving contributions of any type within the confines of any park.
(D) Vehicles restricted to roadway. No person shall ride or operate any vehicle on, over, along or upon any park property, except roadway, driveway and parking areas designated for the use of such vehicles. No vehicle may be operated at a speed of more than ten miles per hour, except in specially limited areas designated by the Board from time to time for particular types of vehicles or events. No person shall intentionally accelerate a motor vehicle to a speed in excess of ten miles per hour on any roadway or park property, causing the rubber tires to spin, mark and deface the park roadway surface.
(E) Parking, hours of parking, lights. No vehicle shall be parked upon any area other than a properly designated parking lot or parking area. No vehicle shall be parked in any manner which will block in whole or in any part any road, driveway, doorway, trail, waterway or recreational area. Disabled vehicles must be removed as soon as the emergency ends and no later than within 24 hours. No vehicle may park overnight in any park, except with permission of the Park Director, the Board or law enforcement officers.
(F) Alcoholic beverages and illegal drugs prohibited. Except as specifically provided herein, no person shall drink, sell or possess, make a gift or offer for sale any alcoholic beverage or illegal or dangerous drug within a park. No person legally intoxicated/impaired or under the influence of an illegal drug shall enter or remain in the park. Notwithstanding the above, any person or entity desiring to hold an event or gathering in a park where alcoholic beverages will be sold, distributed, or consumed may make application to the Town Council for the Town of Lowell for an exemption/exception to this prohibition. The application must be filed with the Town Council at least 30 days prior to the scheduled event and must contain sufficient information regarding the event, including size of the event, security for the event, proof of adequate insurance acceptable to the Town Council, and estimated length of time for the event. The Town Council for the Town of Lowell shall consider the request for the event at its next Town Council meeting and will provide written notice of its decision.
(G) Gambling. No person shall engage in any game of chance or use gambling devices, nor shall any person tell fortunes for pecuniary reward, unless permitted in writing by the Director or the Board.
(H) Loitering. No person or group of persons shall loiter in or near any building or toilet, or loiter in or near vehicles within a park in such a manner as to interfere with access of persons to a park and their use and enjoyment thereof.
(I) Unlawful entry of toilets. No persons, except park maintenance employees in the performance of their duties, or law enforcement officers, shall enter toilet rooms set aside for the opposite sex.
(J) Person acting unlawfully to be removed from park. No person shall remain within a 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 a park. No person shall remain within a park who does not abide by the instructions and directions of duly authorized employees, agents of the Board or law enforcement officers in the lawful performance of their duties. Any person so directed by an employee or agent of the Board, or any law enforcement officer, shall leave a park promptly and peaceably or face arrest.
(K) Equal rights of others. Every person shall conduct himself with due regard to the equal rights of others to use and enjoy all parks and park facilities.
(Ord. 2011-14, passed 12-27-11; Am. Ord. 2017-06, passed 5-8-17; Am. Ord. 2018-24, passed 8-27-18) Penalty, see § 100.99
(A) Snowmobiles in restricted areas. No person shall operate a self-propelled vehicle which is designed to travel on snow-covered surfaces, whether a snowmobile, ATV or other device, within a park, other than in areas designated by the Board as snowmobile or off-road vehicle areas.
(B) Snowmobile registration and liability. Before any snowmobile, ATV, motorcycle, motorized vehicle or related device can be operated within a park, the owner of said vehicle must sign a waiver of liability and must present to the Director or Board proof of liability insurance on said vehicle.
(C) Sledding and skiing and skating in designated areas. No person shall sled, ride, ski or ice skate within a park, except in areas designated for such purposes and at such designated times, except as otherwise permitted by the Director or the Board.
(Ord. 2011-14, passed 12-27-11; Am. Ord. 2018-24, passed 8-27-18) Penalty, see § 100.99
2019 S-31
(A) Use of motorized vehicle in restricted areas only. No person shall operate any self-propelled vehicles designed to travel on the surface in a park, including but not limited to mini-bikes, motorcycles, go-karts, dirt bikes, dune buggies, ATVs and mopeds, except in areas designated for this purpose.
(B) Registration and liability. Before any of the above self-propelled vehicles can be operated within a park, the owner of said vehicle must sign a waiver of liability and must present it to the Director or the Board, along with proof of liability insurance to cover damages resulting from the operation of said vehicle.
(Ord. 2011-14, passed 12-27-11; Am. Ord. 2018-24, passed 8-27-18) Penalty, see § 100.99
No swimming, bathing and/or wading shall be permitted in any body of water within a park.
(Ord. 2011-14, passed 12-27-11) Penalty, see § 100.99
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