(A) Except as otherwise expressly provided in this chapter, it shall be unlawful for any person to do any of the following in a public park or open space:
(1) Mark, deface, disfigure, injure, tamper with or displace or remove any structures, equipment, or facilities.
(2) Dump, discard or leave any rubbish, refuse, garbage or other similar material.
(3) Litter or fail to deposit any rubbish, refuse, garbage or other material in receptacles provided for same in any public park or open space; where receptacles are not provided, all such rubbish or waste shall be carried away from the park or open space by the person responsible for its presence and properly disposed of elsewhere.
(4) Bring or use any glass container.
(5) With the exception of Valley Creek Park or as approved by the City Council with a special use permit, consumption of alcohol is prohibited within city-owned properties zoned Parkland, Greenspace/Preservation, Conservation Area or Planned Unit Development.
(6) Drive or park any vehicle within a public park or open space, except in an area designated for motor vehicle use. This does not apply to city vehicles used to conduct official city business within parks and open spaces.
(7) Bring into or have in his or her possession any firearm or weapon; provided, however that such prohibition does not apply to a licensed peace officer carrying the firearm or weapon in the line of duty, other carriers duly licensed by the state, or firearms allowed by applicable state law.
(8) Possess or discharge any fireworks.
(9) Camp or stay overnight anywhere except in an area specifically designated for overnight camping.
(10) Cause, create or contribute to any unreasonable noise which unreasonably interferes with any other person's use or enjoyment of the public park, open space or an adjacent property owner's enjoyment of such adjacent property.
(11) Light, build or maintain a campfire or ground fire; provided, however, that nothing herein shall prohibit the use of any self-contained cooking device.
(12) Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency without prior approval or direction of an authorized agent of the city.
(13) Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such lands without the prior consent of the city.
(14) Damage, cut, carve, mark, transplant or remove any plant or injure the bark or flowers or seed of any tree or plant, dig in or otherwise substantially disturb grass areas, or in any way injure the natural beauty or usefulness of any public park or open space unless authorized or directed by an agent of the city in connection with any improvement project such as invasive species removal programs.
(15) Hunt or molest, harm, frighten, kill, trap, pursue, tease, shoot or throw missiles at any animal, wildlife, reptile or bird. Notwithstanding the foregoing, defensive hazing of coyotes and any act of self-defense involving a poisonous snake or other harmful animal is permitted for the purpose of self-defense.
(16) Remove or have possession of any wild animal, reptile or bird, or the nests or eggs thereof, found within any public park or open space.
(17) Post, paint, affix, cast or leave about any bill, billboard, placard, picket, handbill, circular or advertisement.
(18) Enter any area posted as "Closed to Public."
(19) Walk a dog or other animal without a leash or under competent voice control as described in Chapter 94.
(20) Solicit or operate any private business of any type unless authorized by the city's designated agent.
(21) Enter or occupy any public park or open space when it is closed.
(22) Ride horses or bicycles on trails marked for hiking only. Hiking only trails are found on the map adopted by the City Council and published to the public.
(B) A person commits an offense if the person camps in a public area that is not designated as a camping area by signage posted by an authorized agent or department of the city. This division does not apply to permitted camping or cooking in a park in compliance with park regulations.
(C) A person is camping if the person engages in any of the activities included in the definition of CAMP, as set forth in § 96.04, if it reasonably appears, based on the totality of the circumstances, that the person conducting the activity is using a public area for living accommodation purposes, regardless of the person's intent or engagement in other activities.
(D) It is an affirmative defense to prosecution that a person owns the property or has secured the permission of the property owner to camp in the public area.
(Ord. 910716A, passed 7-16-1991; Ord. 130820, passed 8-20-2013; Ord. 170606-D, passed 6-6-2017; Ord. 190604, passed 6-4-2019) Penalty, see § 96.99