47.05 SPECIAL USE BY GROUPS.

All persons or groups desiring to schedule a special use of City Parks for concerts, rallies, benefits, organized ballgames, tournaments or similar activities must apply to the City Administrator’s office for a special use permit at least two weeks in advance, in accordance with the following:

1.    Application forms for special use of City Parks are available at City Hall, and completed applications shall be filed with the City Administrator. A fee of twenty-five dollars ($25.00) shall be submitted with the application. All special use permit fees shall be used for park improvements.

2.    The City Administrator is empowered to grant or deny applications for special use permits. All applications shall be deemed approved unless denied within three (3) days after filing. All decisions are subject to review by the Council, whose decision is final. The cost of any special meeting of the Council to review a decision of the City Administrator shall be paid by the applicant.

47.06 SOFTBALL DIAMOND LIGHTS.

The lights at the Mount Vernon softball diamond shall be used only for organized games and tournaments unless permission is obtained from the Parks and Recreation Director. In no event shall the lights at the ballpark be on after 10:30 p.m. on any night.

47.07 HOURS.

No person shall enter or remain within any park, with the exception of the park defined as the skate park, between the hours of 10:00 p.m. and 6:30 a.m. Skate park closing hours are one-half hour after sunset and opening hours are 8:00 a.m.

47.08 ALCOHOLIC BEVERAGES.

No person shall consume, or possess an open or previously opened container containing, any alcoholic beverage; or be under the influence of an alcoholic beverage while in public park and recreational facilities, except as provided for in Chapter 126 of this Code of Ordinances.

47.09 SMOKING AND THE USE OF TOBACCO, NICOTINE PRODUCTS, AND VAPORIZORS PROHIBITED.

1.   Smoking and the use of any tobacco product, or electronic smoking device, by any person, in any publicly owned outdoor park or outdoor recreational facility is prohibited at all times. For use in this Section, the following terms are defined:

A.   "Publicly owned outdoor park or outdoor recreation facility" means any publicly owned outdoor park or facility including any park, playground, athletic field or complex, skate park, aquatic area, shelter and any restroom or parking areas associated with these items.

B.   "Tobacco product" means any cigarette or tobacco product as defined in Chapter 453 of the Iowa Code.

C.   "Nicotine product" means any product containing nicotine including look alike products where the original would include tobacco or nicotine, including products that are dissolvable, spit less, snus, or for chewing.

D.   "Smoking" means inhaling or exhaling from any lighted or heated pipe cigar, cigarette, or any other lighted or heated tobacco, plant material, liquid, oils, nicotine, or other chemicals that may be inhaled or exhaled by the user.

E.   "Electronic smoking device" means any device, including but not limited to, e-cigarettes, e-pens, e-hookah, e-cigars, and vape pens used to vaporize plant material, liquids, oils, nicotine, or other chemicals, that may be inhaled by users.

2.   This section does not apply to the use of FDA approved products for the purpose of tobacco cessation. Any violation of this provision, section or paragraph of this ordinance shall be subject to a civil citation as defined in Chapter 4.04 of this Code of Ordinances, and be scheduled a $50 fine. Each occurrence shall constitute a separate offense.