(A) The village owns real estate and property known as Morrill Sand Pits, located south of the village, along with land adjoining the ponds. Fishing is permitted in Morrill Sand Pits, subject to applicable regulations of the State of Nebraska.
(B) It shall be unlawful for any person or persons to swim, scuba dive in or upon the body of water known as Morrill Sand Pits. In addition, it shall be unlawful for any person to operate any type of boat, propelled by any type of motor while on the Morrill Sand Pits. Provided, any prohibition against boats shall not apply to boats propelled by electric trolling motor. Provided further, any prohibition in this division shall not apply to authorized law enforcement personnel, firefighters, emergency safety personnel, or other authorized personnel who are at Morrill Sand Pits to conduct emergency rescue operations or cleanup operations, and who have applied for and been granted a permit to conduct authorized emergency personnel training exercises or cleanup operations in, on, or upon Morrill Sand Pits.
(C) An application for a permit to cause or permit authorized emergency personnel to be in, on or upon Morrill Ponds, otherwise prohibited in this section, may be made to the Village Clerk or another village employee designated by the Village Clerk to perform this function, to permit authorized emergency personnel to conduct training exercises in, on or upon Morrill Sand Pits. The Village Clerk or other designated employee may issue a permit if he or she finds:
(1) The times for the permitted training exercises will not have an adverse impact on the wildlife or the flora and fauna in the area of the proposed activity; or
(2) That the proposed activity does not have an adverse impact on the recreational use of Morrill Sand Pits; or
(3) That the authorized emergency personnel have completed an application for the permit and have agreed to an indemnification and hold harmless agreement with the village.
(D) (1) It shall be unlawful for any person or persons to consume or have in his or her possession an open container of alcoholic liquor on the public roads, parking areas or any other portion of the property known as the Morrill Sand Pits, except as provided in this division; or to consume or have in his or her possession any open container of alcoholic liquor inside a motor vehicle unless the alcoholic liquor is located so that no occupant of the motor vehicle shall have access to it while the vehicle is in motion. A container of alcoholic liquor shall be considered an open container if the seal of the original package or bottle is broken.
(2) OPEN ALCOHOLIC BEVERAGE CONTAINER. Except as provided in Neb. RS 53-123.04(3) or 53-123.11(1)(C), any bottle, can, or other receptacle:
(a) That contains any amount of alcoholic beverage; and
(b) 1. That is open or has a broken seal; or
2. The contents of which are partially removed.
(E) It shall be unlawful for any person or persons to enter, be or remain in or upon any part of the Morrill Sand Pits between the hours of 11:00 p.m. and 5:00 a.m. of any day. Provided, this prohibition shall not apply to any duly authorized police officer, firefighter or municipal employee charged with maintaining the Morrill Sand Pits for and on behalf of the village.
(F) It shall be unlawful for any person or persons to:
(1) Drop, throw, place or discard any wastepaper, dirt, weeds, trash, refuse, or other rubbish of any sort onto any area within the Morrill Sand Pits, except in a designated receptacle; or
(2) Throw, discharge or otherwise place or cause or permit to be placed or discharged into any stream or body of water any substance, matter or thing which might cause the water to be harmful to persons or things, to give forth objectionable odors or to appear unsightly, or otherwise pollute the waters.
(G) It shall be unlawful for any person or persons to start a fire at the Morrill Sand Pits area except in receptacles and facilities provided by the village for such a purpose, or in devices such as portable grills or camp stoves which are manufactured for the purpose of containing fires.
(H) It shall be unlawful for any person or persons, except authorized law enforcement officers or safety personnel, in the performance of their duties with the village, to discharge within the Morrill Sand Pits any firearm, pellet gun or pistol, BB gun or other similar device, bow and arrow, crossbow or any other device capable of projecting a missile able to inflict harm to persons or animals, or to injure property. In addition, it shall be unlawful for any person or persons to possess or discharge any fireworks on or within the Morrill Sand Pits area.
(I) It shall be unlawful for any person or persons to operate or park a motor vehicle within the Morrill Sand Pits except on roadways, pathways, or motor vehicle parking areas or other areas designated by the village for use by motor vehicles. It shall be unlawful for any person or persons to operate or park a motor vehicle except a wheelchair, on designated areas, trails or roadways within the area known as the Morrill Sand Pits. It shall be unlawful for any person or persons to operate an all- terrain vehicle, whether the vehicle has four or three wheels, within the Morrill Sand Pits area. For purposes of this section,
MOTOR VEHICLE shall mean any self-propelled vehicle of whatever nature that is able to be registered for operation on streets, highways and roadways of the State of Nebraska.
(J) The Board of Trustees may prepare such rules and regulations as may be deemed necessary for the management and care of the Morrill Sand Pits area to insure the orderly use of the Morrill Sand Pits by the public and for the protection thereof from other malicious mischief. Such rules and regulations shall be adopted by the Board of Trustees in resolution form, with such resolution being published in the manner provided for the publication of ordinances and at least three copies thereof shall be kept on file at the office of the Village Clerk for public inspection.
(K) Any person violating any of the provisions of this section shall, upon conviction, be fined in any sum not more than $100 and shall pay the cost of prosecution.
(Ord. D-256, passed 5-9-2006)