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For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC PARK. Any park, park area, historic site, playground, garden or other area owned or used by the city for recreational and/or public gatherings in connection therewith.
(Ord. 147, passed 8-11-08)
(A) Glass.
(1) The use or possession of glass bottles, glass containers or any other form of glass beverage containers are prohibited.
(2) No person shall distribute or possess with intent to distribute a beverage bottle in a public park. However, the following may be permitted: any person with an infant in the person’s care or custody carrying a bottle containing liquid prepared for consumption by the infant.
(B) Recreational motor vehicles. No person shall operate a motor vehicle, which includes, but is not limited to, snowmobiles, trail bikes, or other all terrain vehicles, or motor vehicles licensed for off-road recreational purposes in a public park. This provision does not apply to recreational motor vehicles operated by enforcement or emergency personnel acting in the performance of their duties or snowmobiles, trail bikes or other all terrain vehicles that are operating on an approved trail.
(C) Removing, defacing or destroying property. No person shall remove, deface, destroy, diminish, or impair the value of public property located on or within any public park or public grounds, including buildings, structures, trees, shrubs, grass, vegetation, signs, tables, benches, fireplaces, trash receptacles, notices, or placards, boundary markers or fences, or any other public property either real or personal.
(D) Refuse and trash. No person shall dump, deposit or leave any bottles, broken glass, ashes, paper boxes, cans, dirt, rubbish, waste, garbage, refuse, trash or snow in a park except in proper receptacles provided for that purpose. No such refuse or trash shall be placed in any waters in or contiguous to any park, nor left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.
(E) Disturbances. No person or groups of persons shall conduct themselves in any way that shall disturb or adversely affect any other person’s peaceful use or enjoyment of the public park.
(F) Firearms and explosives. No person shall discharge firearms, air rifles, B.B. guns, sling shots, explosives or fireworks in or about any public park in the City of Mayer. Exceptions may be allowed for special events by obtaining prior permission from the City Council.
(G) Camping. No overnight camping is permitted in any park except in special designated areas.
(H) Concessions. No person shall engage in or solicit business of any nature whatsoever within a public park or recreation area without proper city permits or licenses.
(I) Alcoholic beverages. No person shall consume any alcoholic beverage in a public park, on a public street or in or on other public property unless the consumption and display of the beverage being consumed is lawfully permitted on the public property, pursuant to applicable provisions.
(J) Pets. All pets must be kept on a leash and confined to the designated pet exercise areas. The owner or person responsible for any animal which leaves droppings on the premises shall be responsible to remove the droppings immediately.
(K) Maintenance of vehicles. No person shall wash or perform maintenance or repairs on any vehicle in a public park or public grounds. This provision does not apply to City of Mayer employees washing or performing maintenance or repairs on city owned vehicles or equipment.
(L) Posting signs and placards. No person shall paste, glue, tack, erect, construct or otherwise post any sign, placard, advertisement or inscription, on any public park or public grounds, except by written permission of the City Council.
(M) Traffic and parking. Vehicles shall be driven or parked only in designated areas in any park or public grounds and shall be driven therein at a maximum speed of five miles per hour. Parking in designated areas shall be allowed only by vehicles whose owners and/or occupants are currently using the public park or grounds. City vehicles, police, and fire are authorized to drive vehicles in parks as part of their normal duties.
(N) Overnight parking or occupancy. Overnight parking or occupancy within any public park or public grounds is prohibited.
(O) Fires. Fires are permitted only in fireplaces or fire rings provided in designated areas and shall be fully extinguished when unattended.
(P) Golf. Golfing is prohibited in all public parks and public grounds.
(Q) Smoking. Smoking is prohibited in all city parks.
(1) Exception. Smoking is permissible in parking lots and within vehicles in the parking lots so long as the vapor, smoke, or any other fume or smell does not infringe upon the enjoyment of the park space by others.
(2) Definitions.
(a) SMOKING. Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or any other lighted or heated product containing, made or derived from nicotine, tobacco, cannabis, hemp, or other plant, whether natural or synthetic, that is intended for inhalation. SMOKING also includes use of an electronic delivery device.
(b) ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes, but is not limited to, devices manufactured, marketed or sold as e-cigarettes, e- cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor.
(R) Cannabis and hemp consumption. Cannabis and hemp, as defined in § 130.04, consumption in all other forms, in conjunction with and as opposed to division (Q), is prohibited in all city parks with the same exceptions as division (Q).
(Ord. 147, passed 8-11-08; Am. Ord. 241, passed 9-25-23) Penalty, see § 95.99
(A) Hot air balloons may be launched from a city park only when granted a permit by the City Council.
(B) Permit application. An application for a permit to launch a hot air balloon from city parks must be completed on a form provided by the city.
(C) Permit fee. An applicant must pay a non-refundable permit fee in the amount established by the City Council pursuant to the city's fee ordinance. The permit shall be good for one year.
(D) Permit review. The City Administrator will review the permit for sufficiency. Certain permit applications may be distributed to other city departments, including the Carver County Sheriff’s Office, that may require conditions for the proposed activity. The permit application will be placed on the agenda for City Council approval once staff review is completed.
(E) Permit denial or revocation. The City Administrator may deny an application for a permit or revoke an approved permit if it is determined that:
(1) The information contained in the application or supplemental information requested from the applicant is false or nonexistent in any material detail.
(2) The applicant fails to supplement the application after having been notified by the city of additional information or documents needed.
(3) The applicant fails to agree to abide or comply with all of the conditions and terms of the permit, including payment of all costs and expenses.
(4) The launch will unreasonably interfere with or detract from the enjoyment of the park by other park visitors or disturb residentially zoned properties and park visitors in proximity to the park.
(5) The launch will unreasonably interfere with or detract from the promotion of public health, welfare, safety, comfort, and recreation.
(6) The launch will entail an unusual, extraordinary burden or expense for the city.
(7) The facilities desired have been reserved for some other use on the day and hour requested.
(8) The launch will unnecessarily disrupt or interfere with the movement of traffic, would interfere with access to fire hydrants or other critical infrastructure, or would interfere with access to businesses or residences in the immediate vicinity of the activity.
(9) The launch would likely endanger the public safety or health.
(10) The launch would likely create or constitute a public nuisance.
(11) The launch would be likely to cause significant damage to public property or facilities.
(12) The launch would engage in or encourage participants to engage in disorderly conduct activity, disturbances, or illegal acts.
(13) The applicant, responsible party, or the person on whose behalf the application is submitted has on prior occasions made material misrepresentations regarding the nature of an activity in the city or has violated the terms of a prior permit.
(14) Upon finding a violation of any rule or ordinance, condition imposed on the permit, or upon good cause.
(F) Permit use. An approved permit shall allow the holder general personal recreational use to launch their hot air balloon(s) from the approved location in accordance with this section. The permit holder shall notify the city 48 hours in advance of the date and time of the desired launch.
(G) Conditions of permit. A permit holder is bound by all park rules and regulations and all applicable ordinances as if they were fully inserted in the permit. The city may impose any reasonable conditions on a permit that in its discretion will protect the public health, safety, welfare, comfort, and recreation in the park. The permit holder is liable for any loss, damage or injury sustained by any park visitor when due to the negligence of the permit holder. Within 24 hours after the expiration of the permit, a permit holder must remove from the park all trash, boxes, papers, cans, garbage and other refuse, and all installations and equipment, and must restore the premises to its condition prior to the permit holder's use of the park.
(H) Non-transferable. A permit under this section may not be transferred to any other person.
(I) Designated areas specified in permit. The use for which the permit is granted must only be conducted within the area designated on the permit.
(J) Insurance requirements. Applicants and permit holders must possess insurance covering hot air balloons, including rides, in amount of at least $1,000,000 in liability. The city shall be named as an additional insured. A certificate of insurance must be provided to the city demonstrating coverage.
(K) Indemnification requirements. Applicants and permit holders shall be required to defend and indemnify the city for any claims arising from the hot air balloon activities.
(Ord. 243, passed 2-12-24)
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