(A) Defacement, destruction of property and resources prohibited.
(1) No person may tamper with, climb on, injure, deface, destroy, disturb, damage, move, or remove any part of any park building, portable bathrooms, structure, sign, light pole, drinking fountain, hydrant, picnic table, grill, trash receptacle, equipment, statue or other property found in the park. This does not prohibit appropriate use of play equipment.
(2) No person may deface, disturb, or remove in any manner any soil, plant, artifact, fossil, rock, or other natural resource.
(3) No person may excavate any ditch, trench, tunnel, or hole in any park.
(B) Preservation of vegetation.
(1) No person may injure, cut, destroy, mutilate, uproot, disturb, or remove any flower, tree, shrub, or any plant whether wild or cultivated, or any part thereof.
(2) No person may make any unauthorized use of any park which is detrimental to the turf and soil conditions.
(3) No person may remove any device, apparatus or material installed for the protection, support, or preservation of any tree, shrub, or plant.
(C) Animals, whether wild, pet or domestic.
(1) (a) No person owning, being in custody, or having custody or control of an animal, may cause or allow the animal to roam or be at large in any park.
(b) Exception: It shall be permissible for dogs to run at large on and within city owned property, including any city parks, that has been clearly marked with signage indicating dogs may run at large. Any person owning, or having custody or control of any dog that is running at large under this exception shall be responsible for ensuring the dog remains within the indicated area.
(2) No person having custody or control of any animal may allow the animal to disturb, harass, or interfere with other park users or their property.
(3) Any unattended animal found roaming or at large within any park may be impounded.
(4) All state and local ordinances relating to the licensing and muzzling of animals apply to any park.
(5) It is unlawful for any person who owns, harbors, or has custody or control of an animal to permit the animal to defecate on any public property unless such person immediately removes the excrement and properly disposes of it.
(D) Fires.
(1) No person may start or maintain a fire in any park except small recreational fires in fireplaces, fire rings, and grills provided for that purpose in areas specifically designed for such use. Private grills may be used in designated areas provided that all ashes and residue are disposed of in containers provided for such disposal.
(2) Any person who starts or maintains a fire in an authorized area must exercise continuous supervision from the time the fire is kindled until it is extinguished. No fire may cause damage or constitute a threat to site vegetation and resources, nor may it cause discomfort to other park users.
(3) The Council may, at its discretion, prohibit fires for limited periods at any location for any purpose when it is necessary for the continued protection of park property and resources.
(E) Waste and litter.
(1) No person may throw, cast, drop, pour, spill or discharge, or permit to escape in or upon any land, pond, river, creek, stream, ditch, storm sewer, or drain flowing into or through any park, any substance, matter or thing whether solid, liquid, or gas, which may result in the pollution of the waters, interfere with the conservation management of the water resource, or endanger the health of the public.
(2) No person may deposit in public trash receptacles any household refuse, tree or lawn clippings, leaves, weeds, waste resulting from building construction, remodeling or demolition, and other waste products, unless the refuse is the result of authorized activities in the park in which the public receptacles are located.
(3) No person may drop, throw or otherwise leave unattended in any park lighted matches, burning cigars, cigarettes, tobacco, paper, or other combustible material.
(F) Firearms, weapons, fireworks.
(1) No person may possess, fire, discharge, or set off any firearm, missile, fireworks, or explosives in any park.
(2) No person, except a peace officer, shall possess or carry a firearm of any description in any park. No person may possess or carry in any park any air gun, bow and arrow, knife with a blade greater than three inches, paint ball gun, slingshot, dart, or projectile thrower, or any other dangerous or illegal weapon.
(3) Any unauthorized or illegal weapon within any park is subject to seizure by a peace officer.
(G) Disturbing the peace - conduct.
(1) No person, or group of persons, may disturb the peace and good order in any park by either word or act.
(2) No person, or group of persons, may use threatening, abusive, insulting, obscene or indecent language or commit, perform or engage in any lewd, lascivious, obscene or indecent act.
(3) No person, or group of persons, may engage in fighting, quarreling, wrangling, riotous clamor, or tumult.
(4) No person, or group of persons, may disturb, harass, or interfere with any park user or the user's property.
(5) No person may solicit or ask anyone to commit, perform or engage in any lewd, lascivious, obscene, or indecent act or behavior.
(6) No person may enter or occupy any park or park property while under the influence of alcohol to the extent his or her blood alcohol content meets or exceeds the level of 0.10% alcohol per milliliter of blood and any person who a peace officer has probable cause to believe is under the influence of alcohol as described is subject to chemical testing by portable breath test and any person who refuses to properly perform a portable breath test when offered by a peace officer is subject to immediate removal from park property and may be banned from city parks for a period of three years by action of the City Council.
(7) Any person who a peace officer has probable cause to believe has engaged in conduct prohibited by this section may be banned from city parks for a period of three years by action of the City Council.
(H) Audio devices. No person may operate or play any musical instrument, radio, television, record or tape players, loudspeaker, public address system or sound amplifying equipment of any kind in any park in such a manner that the sound emanating therefrom is audible beyond the immediate vicinity of the set or instrument, and subsequently interferes with the use of the park by other users or disturbs the residents of adjacent property.
(I) Alcoholic and intoxicating beverages. No person may possess, have within their immediate control, display, consume or use intoxicating liquor or 3.2% malt liquor in any park, provided however, that the City Manager may issue park permits authorizing the possession, immediate control, display, consumption and use of wine and beer at the location and in conjunction with the park permit and subject to the limitations contained in the permit.
(J) Games. No person may engage in any potentially dangerous games involving thrown or propelled objects, such as horseshoes, golf balls, darts, paint balls, or similar objects except in appropriate areas specifically designated for such usage.
(K) Skateboards.
(1) No person shall operate a skateboard carelessly or heedlessly in disregard of the rights of others, in a manner that endangers or is likely to endanger persons, property or the operator of the skateboard, or in a place where the surface or traffic conditions render the place unsafe for skateboarding.
(2) An operator of a skateboard must yield the right-of-way to any other type of vehicle or a pedestrian while the operator is entering or traveling upon a street, alley, sidewalk, bicycle path, or other paved surface.
(L) Unlawful sales.
(1) No person may sell, offer for sale, hawk, peddle or lease any object, merchandise or service or carry on any manner of business or commercial enterprise except those concessions authorized or operated by the city.
(2) No person may park or occupy a vehicle, stand or booth to sell any farm produce, flowers, merchandise or any other product or for conduct any business or the selling of services unless authorized by park permit.
(M) Peace officers and employees.
(1) No person may willfully resist, refuse or fail to comply with any order, direction or request lawfully given by any peace officer, or city employee acting under the authority of the City Council or City Manager and in accordance with this section.
(2) No person may interfere with, or in any manner hinder any city employee, city contractor, or peace officer during the performance of their assigned duties.
(N) Posted regulations, directional signs and graphics. No person may disregard or fail to comply with any posted regulations, directional signs and graphics, barriers or other control devices located within any park or on any parkway.
(Ord. 393, passed 6-14-12; Am. Ord. 418, passed 6-14-16)