All persons present upon Department property as permitted users thereof, as participants in programs or activities organized or coordinated by the Department or otherwise present thereon shall at all times adhere to the regulations on personal conduct and behavior within or upon Department property as hereinafter set forth in this section. All such persons shall at all times also comply with the provisions of any site-specific regulations posted by the Director on any particular Department property or portion thereof, and upon such posting, all such site-specific regulations shall be enforceable by the village and the Department in the same manner and to the same extent as the provisions of this chapter set forth herein.
(A) Disorderly conduct. No person shall knowingly within or upon Department property:
(1) Engage in behavior or speech that disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the use of Department property and provokes a breach of the peace;
(2) Make or cause to be made any excessively loud or unreasonable noise which disturbs the peace. For purposes of this division, noise shall be deemed to be excessively loud or unreasonable when it exceeds 60 dBA at a distance of 75 feet from the source, provided, however, that the foregoing shall not preclude proof that a noise is excessively loud or unreasonable and disturbs the peace by other means. This section shall not apply to the playing of any musical instrument, public speaking, or the amplification thereof, in conjunction with activities conducted, sponsored or authorized by the Department. A permit to exceed the noise limitations in this division will be granted for activities consistent with, or attendant to, appropriate and customary park and recreational activities that are reasonable for the location and time of day or night, or in connection with Department programs for which the issuance of such a permit is appropriate under the circumstances;
(3) Shall use obscene or abusive language or gestures, or threatens violence or injury to the person or property of others, in a manner intended and likely to incite or produce an immediate breach of the peace or violent or disorderly response;
(4) Shall congregate with other persons on Department property with the intent to restrict vehicular or pedestrian traffic or with the intent to restrict the free ingress to or egress from Department property and fail to comply with a lawful order of the Police Department to disperse issued in response to acts likely to cause substantia! harm, or under circumstances where it is reasonable to believe that the order is necessary to allow the Police Department to address a situation that threatens the public health, safety, or welfare;
(5) Engage in any hazardous recreational activity, sport, game, or amusement that constitutes a hazardous recreational activity which creates substantial risk of injury to a participant or a spectator including but not limited to those defined in ILCS Ch. 745, Act 10, §§ 3-109, et seq. An activity that may not be a hazardous recreational activity as enumerated in the above statute may become so due to the location of the activity or the proximity to those not participating;
(6) Commit any other act which may be defined as disorderly conduct under the Illinois Criminal Code, ILCS Ch. 720, Act 5, §§ 26-1, 2, 3, or 4 or under § 134.01 of the Village Code of Ordinances; or
(7) Commit any act in violation of Chapter 133 of the Village Code of Ordinances.
(B) Animals and pets.
(1) No person shall bring or release onto Department property any wildlife including without limitation any animal the capture or killing of which is authorized by the fish and game laws of the State of Illinois, or any other animal, except for domesticated dogs or cats subject to the restrictions contained in this section, provided, however, that the Department may bring or release, or permit another person to bring or release such proscribed animals onto Department property in conjunction with an activity or event conducted or sponsored or permitted by the Department.
(2) No person shall feed any wildlife on Department property.
(3) No owner or agent of the owner having control of any domesticated dog, cat, or any other domesticated animal shall cause or permit such animal to be on Department property unless the pet is on a leash which shall not exceed ten feet in length and such person has in his immediate possession a device for removal, and a depository for the transportation of, animal excrement from such property.
(4) All owners or agents of the owner having control of any domesticated dog, cat, or other domesticated animal, shall remove any excrement from Department property left by such animal.
(5) No person shall bring a domesticated dog, cat, or any other animal onto or permit any animal to remain on any portion of Department property where the presence of animals is prohibited, except (i) in conjunction with an activity or event conducted or sponsored by the Department, and (ii) dogs or other domesticated animals specially trained to assist the visually impaired or other persons with disabilities, when they are accompanying the persons with disabilities for purposes of providing such assistance.
(6) Any animal found on Department property in violation of divisions (B)(1) or (B)(5) of this section may be apprehended, removed to an animal shelter, public pound, or other place provided for that purpose, and disposed of pursuant to applicable laws and ordinances. The owner or person responsible for such animal shall be responsible for all costs and expenses incurred or encumbered in the removal and housing of such animal and such charge shall be in addition to and not in lieu of any other penalties provided for in this chapter and any other applicable federal, state, local or Department laws, ordinances, rules or regulations.
(7) No person shall allow an animal, under their control, to chase, harass, wound or kill any domesticated or wild animal.
(C) Aircraft and drones; remote control vehicles.
(1) No person shall fly, cause to be flown or permit or authorize the flying of aircraft of any kind at any time over Department property at an elevation lower than the minimum safety requirements established by the Federal Aviation Administration or other governmental authority, at an elevation which is lower than is reasonably safe under the circumstances, or in a manner which endangers the safety of any person on Department property.
(2) No person shall parachute or make an ascent or descent in an aircraft into or onto Department property or cause, permit or authorize another person to parachute or otherwise ascend/descend from an aircraft into or onto Department property unless a permit therefor has first been obtained from the Department in accordance with this chapter, except when necessitated by unavoidable emergency.
(3) No person shall, upon or in connection with any property of the Department: start, fly or use any fuel-powered, battery-powered or electric-powered model or toy or any radio controlled model car, vehicle, aircraft, boat or rocket or any like controlled or powered toy or model or drone unless the Department has designated such areas for such activities, issued a permit for such activities or designated the use of specific Department property for the conduct of a Department activity or program involving any of the foregoing. The Director may grant, upon due application no less than 30 days in advance, a permit for use of like toys or models or drones subject to FAA Part 101 for special events, instruction classes or other functions on a case by case basis.
(4) No person shall operate, launch, take off, land, cause to launch, take off or land, or authorize the operation, take off, launching or landing of any drones subject to FAA Part 107 of any kind from or on Department property without a permit, nor any drones subject to FAA Part 101 except in designated areas or pursuant to a permit, and in no case:
(a) In violation of the Federal Aviation Administration rules, regulations and safety guidelines governing such flight;
(b) Over or within 50 horizontal feet of the property line of the following facilities: playground, tennis court, aquatic facility, golf course or skate park;
(c) Directly over any person, group of people or occupied space;
(d) For the purpose of conducting surveillance (which is defined as the gathering of images, sounds, data or other information in a manner that intrudes upon the solitude, privacy or seclusion of a person or his/her private affairs or concerns), unless expressly permitted by law;
(e) That is equipped with a firearm or other weapon or with the intent to use the drone or anything attached to the drone to cause harm to persons or property;
(f) Whenever weather conditions would impair the operator’s ability to do so safely; or
(g) In a reckless or careless manner.
(5) The provisions of this § 94.05(C) shall not apply to any aircraft or drones operated by the village or by any other government agency.
(D) Alcoholic liquor.
(1) No person, other than the Department or its agent, shall sell or deliver any alcoholic liquor on Department property, unless said person has first obtained a permit, license, or contract therefor from the Department or from the village.
(2) No person shall distribute to, provide to or allow any person under 21 years old to possess or consume alcoholic liquor on Department property. No person under the age of 21 years old shall possess or consume alcoholic liquor on Department property.
(3) No person shall bring into, possess, consume, take, use, or transfer any alcoholic liquor on Department property unless he is in or on Department property where the possession, consumption, use, or transfer of alcoholic liquor is permitted by the Village Code of Ordinances, and then only in compliance with the requirements of the Village Code of Ordinances (including all license and permit requirements), or unless the alcoholic liquor is legally possessed in an unopened container stored in the trunk of a motor vehicle. The Department may, at its discretion, from time to time designate by placement of appropriate signage that the possession, consumption or use of alcoholic liquor may be permitted on specific Department property in connection with special events conducted, organized or sponsored by the Department, and nothing herein shall be deemed to limit the authority of the village to adopt appropriate licensing and permitting ordinance to provide for the manner in which alcoholic liquor may be possessed, sold, consumed or used on Department property.
(4) Every person possessing, using, consuming, or transferring alcoholic liquor pursuant to this section, shall be subject to and shall comply with the Liquor Control Act of 1934 and all other state, local, and Department laws, ordinances, rules, and regulations regarding the possession, use, consumption, or transfer of alcoholic liquor.
(E) Bicycles, roller blades, roller skates, skateboards and scooters. No person shall upon or in connection with any Department property:
(1) Ride a bicycle, roller blade, roller skate, scooter or skateboard on any path, trail, roadway, athletic field, spectator area, public areas, or other area designated and posted by the Department as prohibiting bicycles, roller blades, roller skates, scooters or any relevant combinations of the above. Bicycles, roller blades, roller skates, scooters and skateboards shall only be used on designated bike trails.
(2) Carry another person on the handlebars, frame, and fender or so ride a bicycle except on a suitable seat attached thereto for such a purpose or operate a bicycle in a reckless manner to endanger pedestrians, the rider, or riders thereon.
(3) Park or leave unattended bicycle, skateboard or scooter so to impede, travel upon or block any pedestrian or vehicular traffic or access way in any park.
(4) Fail to ride a bicycle on the right hand side of any road, trail or path as conditions shall permit.
(5) Ride a bicycle on any path or trail more than two abreast or on any parking lot, roadway or road used by the public for regular motor vehicle access in any other manner than single file.
(6) Operate a bicycle, roller blade, roller skate, scooter, skateboard, or other non-motorized vehicle in a way that would endanger the operator or any other person present on any Department property.
(7) No person shall be permitted to roller skate, skateboard or roller blade in or on any facility that is posted as prohibiting roller skating or roller blading.
(8) No person shall cling or attach himself or his bicycle to any other moving vehicle, or attach himself to any other moving vehicle while skateboarding, roller skating, rollerblading, or riding a scooter.
(9) No person shall operate a bicycle on Department property between 30 minutes after sunset and 30 minutes before sunrise, without a clear, white, properly lighted headlight, visible under normal atmospheric conditions from the front thereof for not less than 500 feet and firmly attached to the bicycle, or without a red reflector firmly attached to the bicycle, which is clearly visible in the headlight beam of an automobile for a distance of 500 feet to the rear of the bicycle. Nothing herein shall be deemed to authorize bicycling or other use of Department property during any hours or times when the same shall otherwise be closed to public use.
(10) No person shall operate a bicycle, roller skate, roller blade, scooter or skateboard faster than is reasonable and proper, and each of the same shall be operated with reasonable regard for the safety of the rider and of other persons and property.
(11) Nothing in this division (E) shall be deemed to apply in any way to the use of any assistive mobility device used by any person with a disability on any Department property.
(12) As used in this chapter, "BICYCLE" shall mean every device propelled by human power upon which any person may ride, having one wheel, two tandem wheels, or three or more wheels, except scooters, roller skates, skateboards and similar devices, and in addition thereto shall also include any Class 1 electric bicycle as defined by the Illinois Vehicle Code when operated by any person age 16 or over.
(F) Fires and grills.
(1) No person shall light, maintain, or make use of any fire on Department property, except within charcoal grills supplied by the Department upon Department property, and then only to the extent necessary to ignite the charcoal for use in connection with the burning of the charcoal to permit ordinary cooking use thereof in such grills.
(2) No person shall throw or otherwise discard lighted or smoldering material in any trash receptacle or otherwise in any manner that threatens or causes damage to, or results in the burning of, Department property or resources, or creates a safety hazard.
(3) Grills. No person shall use any grill on Department property other than the charcoal grills supplied by the Department on Department property, or a propane grill temporarily present upon Department property pursuant to a permit issued by the Department to use a designated area or portion of Department property which shall be removed after the conclusion of the activities for which the permit was issued.
(4) The provisions of this division (F) shall not apply to the Department and authorized participants in connection with any activity or special event organized and sponsored by the Department.
(G) Fireworks and pyrotechnics. No person shall possess, use, sell or exchange any form of fireworks or pyrotechnics of any kind or description on Department property, including but not limited to any fireworks or pyrotechnics defined or regulated by the provisions of Chapter 91, as well as any other devices or items referenced in said Chapter 91 but not proscribed or prohibited by Chapter 91, provided, however, that the village and the Department shall be exempt from the provisions hereof in connection with the presentation of fireworks or pyrotechnics displays in connection with special events or observances within the village, including but not necessarily limited to Independence Day, Romeofest and other similar or comparable events or occasions.
(H) Metal detectors. No person shall bring into or use any device or instrument used to detect metallic objects upon Department property other than in connection with utility location requests in accordance with applicable law.
(I) Interference with activities or other users. No person shall walk, act, or conduct himself upon any Department property designated for a particular game, sport, event, amusement or other use in such a way as to unreasonably interfere with the use of such portion by other persons who are properly using the same for the particular game, sport, event, amusement or other use for which it has been designated, nor shall any person engage in any otherwise permitted activity or use of Department property in a reckless manner that endangers or injures any persons or property in any way. In addition, no person shall unreasonably disturb or interfere with any person occupying an area or participating in any activity on Department property under the authority of any permit issued by the village or the Department in connection therewith, or pursuant to a valid reservation of an area of Department property approved by the Department.
(J) Winter sports/activities.
(1) No person shall skate, sled, toboggan, inner tube, ski, snowboard, slide, or engage in similar activities on Department property except at such places and at such times as the Department may designate for such purposes, nor engage in any such activities at such places, that are closed due to inadequate snow covering or other environmental conditions, or when notified of such conditions by any village or Department employee authorized to control such activities. No person shall otherwise enter upon any frozen Department waters to skate, slide or walk for any purpose.
(2) No person shall skate, sled, toboggan, inner tube, ski, snowboard, slide or engage in similar activities on Department property, contrary to winter sports/activities rules and regulations, as published and posted by the Department on Department property for control of such activities.
(3) No person shall engage in any such activity in a reckless manner that endangers that person or others, or at a speed greater than is safe and proper under the circumstances.
(4) No person shall tow, push, pull, or otherwise propel another person on skis, sled, or other sliding device by use of any vehicle on Department property.
(5) No person shall bring onto any frozen Department waters, any race boat or wind-driven-like device or other vehicle.
(6) No person shall operate, drive, ride, park, or sit upon while stationary a snowmobile on Department property. For purposes of this division, a snowmobile shall be defined as any self-propelled vehicle intended for travel primarily on snow, driven by a track or tracks in contact with the snow, and steered by ski or skis in contact with the snow.
(K) Swimming and boating.
(1) No person shall at any time swim, wade or bathe in any Department waters or in any pond, lake, creek, stream, river or other body of water whether natural or artificial upon any Department property.
(2) No person shall at any time operate, possess or use any vessel on any Department waters or on any pond, lake, creek, stream, river or other body of water whether natural or artificial upon any Department property.
(3) The foregoing provisions of this division (K) shall not apply to any activities of the village or other governmental agency acting within the scope of their jurisdiction or authority.
(L) Team sports. No person shall upon or in connection with any Department property play or engage in any team sport or game such as, but not limited to, baseball, football, soccer, volleyball, horseshoes, or softball, except in those areas of Department property designated for use as athletic fields, and only in such a manner as to not interfere with other persons using said athletic areas, and under such rules and regulations as may be prescribed by the Director.
(M) Golf. No person shall upon or in connection with any Department property possess, swing, or make use of any golf club to hit golf balls within or into any Department property in such a manner as to put those persons who are occupying any park at risk of injury.
(N) Fishing. Fishing shall be prohibited on all Department waters where so indicated by posted signage authorized by the Department. Where not prohibited, fishing shall be conducted in accordance with all applicable laws and regulations of the State of Illinois, and any violation thereof shall likewise be deemed to be a violation of this chapter.
(O) Hunting and trapping; wildlife protection.
(1) No person shall hunt nor trap any wildlife, nor bring any device for hunting or trapping wildlife into or onto Department property or Department waters. The preceding sentence shall not apply to persons or firms retained by the village or Department for the control and removal of nuisance wildlife from Department property, nor to any law enforcement officer or animal control officer of the village when acting to enforce the provisions of Chapter 90 or otherwise in an official capacity.
(2) No person while in or upon any Department property or Department waters shall pursue, hurt, molest, catch, injure, kill, poison, tease, torment, abuse, chase, touch, throw objects at or endanger in any way any wildlife, nor shall any person while in or upon any Department property or Department waters disturb, touch, damage, tamper with or in any way harm any nest, lair, den, burrow or other dwelling place of any wildlife. The preceding sentence shall not apply to persons or firms retained by the village or Department for the control and removal of nuisance wildlife from Department property, nor to any law enforcement officer or animal control officer of the village when acting to enforce the provisions of Chapter 90 or otherwise in an official capacity.
(P) Picnics. Picnics shall be permitted only at the Nancy Aldridge Pavilion at Village Park, and at the Pete Capone Pavilion at O’Hara Woods/ Conservation Park, on a first come, first served basis, subject to the prior reservation of such facilities through the Department. Reservations for these facilities are likewise available on a first come, first served basis. Use of such facilities shall be subject to this chapter.
(Q) Commercial photography. Photography (including both the taking of still pictures and the taking of movies or motion pictures, regardless of the specific technology used in connection therewith) by commercial photographers is allowed on Department property without a permit under the following conditions: 1) that the photography and associated activity do not, regardless of duration, unreasonably interfere with usage by other persons; 2) in addition, no one location within a park may be used by the photographer for more than 15 minutes for any of the photographic activities; and 3) in addition, no one park may be used by the photographer for more than an aggregate total of 60 minutes on any single calendar day for any of the photographic activities. Photographers desiring to engage in commercial photography on Department property other than in accordance with the foregoing conditions may apply for a commercial photography/filming permit under Chapter 97.
(R) Commercial use of Department property for sale, exhibition, distribution or provision of goods and services. No person shall, without a general use permit issued pursuant to division (S) of this section and a license agreement with the village, enter upon or use Department property for any sale, exhibition, distribution or provision of goods or services for any type of consideration, including but not limited to the conduct of classes or any form of instruction in any activity or discipline. Any license agreement shall be in such form as the Department may from time to time require, and the form thereof may vary for different specific facilities or properties of the Department. Current forms of license agreements for the use of Department property are provided in Appendix A to this chapter, attached to Ordinance 21-1693. A license agreement may contain appropriate language referring to the issuance of the required general use permit in lieu of the separate issuance of such general use permit. No license agreement shall be available for any activity reasonably determined by the Department to be in competition with Department programs, activities or events, or which would interfere with the conduct of Department programs, activities or events; without otherwise limiting the generality of the foregoing, food or beverage vending or service shall be deemed to be in competition with Department programs and activities at any time when any Department operated or licensed food vending facility is in operation in the particular area of the Department property in question. No person permitted to use Department property pursuant to any such license agreement shall in any way interfere with or obstruct other persons in their lawful use of Department property, or interfere with or hinder the conduct of programs and activities authorized, sponsored or conducted by the Department. Notwithstanding anything herein to the contrary, the foregoing provisions of this division (R) shall not apply to authorized participants in any activity, program or special event authorized, sponsored or conducted by the village or the Department.
(S) General use of Department property.
(1) Department property shall in the first instance be available for programs, activities and events undertaken by, organized by, sponsored by or otherwise under the auspices of the village or the Department. Subject to the foregoing, Department property shall otherwise be generally available for public recreational and athletic use not inconsistent with the nature and characteristics of the particular area or portion of Department property and its intended purposes. The following listed uses of Department property, by virtue of their nature or the number of participants involved in such uses, are inconsistent with the general availability of Department property for public recreational and athletic use, and require a general use permit, where the same are not conducted by the village or the Department, or in connection with any program, activity or event undertaken by, organized by, sponsored by or otherwise under the auspices of the Department:
(a) A public assembly, parade, demonstration, political activity, picnic, or other event involving the exercise of First Amendment rights involving more than 30 individuals;
(b) Any exhibit, music or dramatic performance, fair, circus, concert, play, church service, radio or television broadcast, other than a news transmission;
(c) Exhibit or display of any motion picture, television program, light or laser light display, or similar event;
(d) Operation of any vehicle, except upon a publicly dedicated street, alley, designated vehicle parking area or driveway or other thoroughfare which may abut or traverse Department property;
(e) Creation or emission of amplified sound, except from a radio, sound recorder or other device possessed and used by an individual for his/her own enjoyment and operated in such a manner as not to interfere with the use and enjoyment of Department property by another person;
(f) Station or use any electrical or electronic device or equipment that would require outdoor auxiliary power;
(g) Conduct of any class, play class, day camp, individual or group lesson or instruction or similar activity;
(h) Conduct an organized sporting event or league;
(i) Exhibition or display on Department property a tame, nondomestic supervised and controlled animal for limited noncommercial or promotional purposes;
(j) Operation or use of any form of powered or motorized ride or amusement device;
(k) Commercial use of Department property as contemplated by division (R) of this section.
(2) Department property general use permits may be applied for, and shall be processed and approved in accordance with the provisions of § 94.07. Where a license agreement is also required for the use of Department property, the general use permit may be approved or issued by appropriate reference in any such license agreement.
(3) Notwithstanding the application for or approval of any general use permit under this chapter, all use of Department property pursuant to any general use permit shall be subject to all otherwise applicable ordinances of the village, including this chapter, including but not limited to those provisions thereof that require any other permit or agreement for the conduct of the activity in question.
(4) The provisions of this division (S) shall not apply to the use of Department property by the village, the Department, including uses for activities or events sponsored, administered or organized by the village or the Department, or other governmental agencies acting within their lawful authority.
(T) Tobacco products use. Any use of tobacco products shall be prohibited within all buildings located on Department property, and within all vehicles owned or operated by the Department. In accordance with the Smoke Free Illinois Act, smoking as defined in such Act shall be prohibited within any buildings or indoor spaces on Department property and within any area located within 15 feet from entrances, exits, openable windows and ventilation intakes to prevent the entrance of tobacco smoke through the same. Smoking and the use of tobacco products shall otherwise be prohibited on all Department property with the exception of designated vehicle parking area and adjacent streets or roads where parking is permitted, and any specified areas of Department property designated as smoking or tobacco use areas, where otherwise in compliance with the Smoke Free Illinois Act. Tobacco products shall mean and include all forms of tobacco, whether designed or intended to be smoked, chewed or otherwise consumed and all alternative nicotine products. "ALTERNATIVE NICOTINE PRODUCTS" means any product or device not consisting of or containing leaf tobacco that provides for or facilitates the ingestion into the body of nicotine by any means, including but not limited to the inhalation of any vapors or gases containing nicotine, but excluding any product approved by the United States Food and Drug Administration as a tobacco cessation product, tobacco dependency product, or medical treatment and marketed exclusively therefor.
(U) Reporting accidents. Any person involved in any accident or incident of any kind resulting in or involving any personal injury or damage to any property shall report the same to the Director within 24 hours after the accident or incident in question, except as otherwise required under this chapter or the Village Code of Ordinances or applicable law. Without otherwise limiting the generality of the foregoing, Department employees shall additionally.
(V) Age-designated equipment. Where signage posted at or in the vicinity of any Department park or playground indicates that any playground or other recreational equipment located therein is designated and intended for use only by persons within a certain age range, no person not within the designated age range shall use any playground or recreational equipment so designated, provided, however, that nothing herein shall restrict or limit supervision by any parent or guardian of any person within the designated age range while using such playground or other recreational equipment.
(W) COVID-19 public health emergency; governmental directives. As of the date of the adoption of this chapter, the State of Illinois is under a gubernatorial disaster declaration related to COVID-19, and is further subject to the provisions of one or more other Executive Orders, declarations, proclamations, regulations, rules or laws pertaining to COVID-19 (collectively, the foregoing shall herein be referred to as the "Governmental Directives") issued by the Governor of the State of Illinois or other governmental authorities (including but not limited to the village) that affect, impact or regulate the use of Department property or facilities, and which may conflict with the otherwise applicable provisions of this chapter. The village reserves all rights to take all actions required to implement, comply with and enforce the provisions of the Governmental Directives as may be required from time to time, notwithstanding any conflict between the Governmental Directives and the otherwise applicable provisions of this chapter, and further advises the public that the implementation of, compliance with and enforcement of the Governmental Directives may have the effect of limiting, restricting, terminating or prohibited otherwise permitted or permissible uses of Department property or facilities. Without otherwise limiting the generality of the foregoing, the village reserves the right to terminate or suspend any general use permits, license agreements, use agreements, other approvals, programs, activities or events at all or any Department property or facilities as may be required by the Governmental Directives, or to modify or amend the same as it deems necessary to comply with, implement or enforce the Governmental Directives. All public use of the Department’s property and facilities shall at all times comply with the Governmental Directives. The preceding provisions shall apply in like measure to any other public state of emergency for which a gubernatorial disaster declaration applicable to the village shall be issued.
(Ord. 21-1693, passed 4-7-21)