(A) Defacement, destruction of property and resources.
(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, fight pole, drinking fountain, hydrant, picnic table, grill, trash receptacle, equipment, statue or other property found therein. This does not prohibit appropriate use of play equipment.
(2) No person may deface, disturb or remove in any manner any soil, artifact, fossil, rock or other mineral resource.
(3) No person may excavate any ditch, trench, tunnel or hole in any open space site.
(4) No person may erect or maintain a shelter, hockey goals or other structures on the ice unless the structure is portable and removed each day.
(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 plant or cause to be planted any wild, cultivated or exotic tree, shrub or plant, except in specifically designated areas with the written permission of the Director.
(3) No person may fell or climb any tree; pick any flowers, fruit or vegetable (not self-grown); trample any flowers, tree seedlings, flowerbeds, vegetable gardens or new turf seedlings.
(4) No person may hitch any animal or fasten, anchor or otherwise attach any wire, rope, cable, signs, posters or other articles to any tree, shrub or plant.
(5) No person may make any unauthorized use of any open space site which is detrimental to the turf and soil conditions.
(6) No person may remove any device, apparatus or material installed for the protection, support or preservation of any tree, shrub or plant.
(7) No person may construct or place any type of structure including, but not limited to, deer tree stands, playhouses, treehouses, temporary storage buildings, motorcycle or bicycle launches, temporary shelters, tents, tarps, canopies or other such devices upon park land without permission by the Director.
(C) Animals.
(1) No person owning, being in custody, or having control of an animal, whether wild, pet or domestic, may cause or allow the animal to roam or be at large in any open space site.
(2) No person being in custody of any animal may permit said animal to enter any beach area, nature interpretive area, wildlife refuge, golf course or park building, whether leashed or otherwise, except trained animals assisting disabled persons.
(3) No person in custody of any pet or animal may allow the animal to disturb, harass or interfere with other open space users or their property.
(4) No person may feed wild animals or birds or deposit a food source for wild animals or birds in the park system.
(5) Any unattended domestic animal or pet found roaming or at large within any open space site will be impounded.
(6) All state and local ordinances relating to the licensing and muzzling of animals and pets apply to any open space site.
(7) No person may release or possess any exotic or wild animal in any open space site without written permission of the Director.
(8) It is unlawful for any person who owns, harbors or has custody of a dog, cat or other animal to permit the animal to defecate on any public property unless the person immediately removes the excrement and properly disposes of it.
(D) Hunting, fishing and molesting wildlife.
(1) No person may kill, hunt, trap, pursue, injure, molest or unnecessarily disturb or have in possession any species of wildlife including birds, waterfowl, fish or other animals found within the confines of any open space site; except that, fishing may be permitted in designated areas subject to laws and regulations as established by the state.
(2) No person may rob, disturb or molest the nest, eggs or young of any birds, or other animals within the confines of any open space site.
(E) Fires.
(1) No person may start or maintain a fire in any open space site, 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 the 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 open space users.
(3) The Director may, at the Director’s 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.
(4) Minors are prohibited from possessing any means of starting a fire in city open space sites.
(F) 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 open space site, 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, including all organic material resulting from the manufacture, preparation or serving of food or food products; spoiled, decayed or waste products from any source; bottles, cans or glassware; paper or paper products; crockery, ashes, rags, discarded clothing, 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 activities in the park in which the public receptacles are located.
(3) No person may drop, throw or otherwise leave unattended in any open space site lighted matches, burning cigars, cigarettes, tobacco, paper or other combustible material.
(G) Firearms, weapons, fireworks.
(1) No person may possess, fire, discharge, or set off any firearm, missile, fireworks or explosives in any open space site. Permits for fireworks will only be issued upon proof of adequate insurance and compliance with state statutes.
(2) No person, except a law enforcement officer, shall possess or carry a firearm of any description in any open space site. No person may possess or carry in any open space site any air gun, bow and arrow, knife with a blade greater than three inches, slingshot, dart or projectile thrower, or any other dangerous or illegal weapon.
(3) Any unauthorized or illegal weapon within an open space site is subject to seizure by a law enforcement officer.
(H) Disturbing the peace; conduct.
(1) No person, or group of persons, may disturb the peace and good order in any open space site by either word or act.
(2) No person, or group of persons, may engage in fighting, quarreling, wrangling, riotous clamor or tumult.
(3) No person, or group of persons, may disturb, harass or interfere with any open space user or the user’s property.
(4) No person may solicit or ask anyone to commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior.
(I) 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 open space site in such as 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 open space site by other users or disturbs the residents of adjacent property.
(J) Loitering. No person may lurk or loiter in or around any toilet facility or other system structure, except to use the facility for the purpose of which it is intended.
(K) Alcoholic and intoxicating beverages.
(1) No person may possess, have within their immediate control, display, consume or use intoxicating liquor or 3.2% malt liquor in or upon any public park open space, except as permitted by temporary license, pursuant to § 110.047(D) of this code of ordinances.
(2) This does not include the sale or consumption of alcoholic and intoxicating beverages at “The Bridges” golf course.
(L) Parades, entertainment, public meetings. No procession, parades, pageants, ceremonies, exhibitions, celebration, training exercises, speeches, entertainment or other public gatherings may be allowed to take place in any open space site or on any parkway, except with written permission of the City Council or Director.
(M) Games. No person may engage in any potentially dangerous games involving thrown or propelled objects, such as horseshoes, golf balls, darts or similar objects, except in appropriate areas specifically designated for such usage.
(N) Use of tennis and basketball courts.
(1) No person may use a bicycle, roller skates, roller blades, roller skis, skateboard or scooter, or allow a dog to be on a color-coated tennis or basketball court surface, excluding hockey rink pavement, which is specially designed for roller blade use.
(2) No person may use a tennis court or basketball court while not wearing tennis shoes.
(3) No person may play continuously upon a tennis court for more than one hour while others are waiting to use the court.
(4) No person may play hockey on a tennis court.
(O) Skateboards.
(1) A skateboard is a footboard or similar object mounted on wheels and designed or intended to propel a rider by human power or force of gravity, but without mechanical assistance. The following is not a skateboard: a wheelchair operated by a disabled person.
(2) It is unlawful to operate a skateboard upon a state or county road within the city.
(3) It is unlawful to operate a skateboard carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger persons, property or the operator of the skateboard.
(4) It is unlawful to operate a skateboard in a place where the surface or traffic conditions render the place unsafe for skateboarding.
(5) It is unlawful to operate a skateboard on private property without the prior express permission of the owner of the property.
(6) 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 or bicycle path.
(7) The operation and use of skateboards is restricted to paved trails, paved hockey rinks and paved parking lots which are unoccupied, located in the parks.
(P) Advertising.
(1) No person may distribute or disseminate any leaflets, pamphlets, circulars, handbills, advertisements or other written or printed material except with the written permission of the Director.
(2) No person may post, display, affix or attach any sign, poster, placard, notice, banner or advertisement to any tree, building, shelter, fence, pole or other structure, except with the written permission of the Director.
(3) No person may use loudspeakers, sound amplifying equipment, musical equipment or cause any noise to be made for advertising purposes or for the purpose of attracting attention to any exhibition, performance, event or other purpose, except with the written permission of the Director.
(Q) 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 or stand to sell any farm produce, flowers, merchandise or any other product or for conducting any business or selling of services unless authorized by the city.
(R) Soliciting alms. No person shall beg or solicit alms, donations or contributions without a valid permit.
(S) Photography. No person may take any photographs, or motion or sound pictures for commercial purposes or for use in commercial advertising, except with the written permission of the Director.
(T) Utilities.
(1) The location, construction or erection of any sewer, gas pipe, water pipe, hydrant, lamp post, telephone and electric power post, conduit, pump, lift station and other utility feature proposed in any open space site is subject to the approval of the city.
(2) No person, firm or corporation may construct or relocate any of these utility installations or fixtures without the written permission of the Director.
(3) Every person, firm or corporation who receives a contract or permit to do work must, after the work has commenced and until the same has been completed, isolate the construction area by security fencing, warning lights and signs or other appropriate measures that will protect the public from exposure to danger and prevent unnecessary accidents.
(U) Lost and found articles. Lost or mislaid articles or money or personal property which are found in any open space site shall be delivered or turned over to the city’s Parks and Recreation Department. If the lawful owner of any article or money deposited with the Department does not claim the same within a period of 60 days, it may be returned to the finder upon request.
(V) Law enforcement officers and employees.
(1) No person may willfully resist, refuse or fail to comply with any order, direction or request lawfully given by any law enforcement officer or Department employee acting under the authority of the city and in accordance with this chapter.
(2) No person may interfere with, or in any manner hinder any Department employee or law enforcement officer during the performance of their assigned duties; nor any employee of a contractor engaged in construction, repairing or caring for any open space site or part thereof, or while in the discharge of duties conferred by this chapter.
(W) 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 open space site or on any parkway.
(Prior Code, § 909.07) (Ord. 557, passed 03-27-1995; Ord. 618, passed 04-27-1998; Ord. 955, passed 03-11-2019) Penalty, see § 92.999