(A) Alcohol.
(1) No person shall possess or consume alcoholic beverages in any park area. No person in a park shall be in an intoxicated or impaired condition due to the use of alcohol or illegal substances.
(2) Exception. Alcoholic beverages may be allowed for the use of events in the leased/rental space of the Recreation Center if General Policy Number 3a, Meeting Room Use, terms and conditions are met.
(B) Animals. No person shall bring dogs or other pets into parks, unless such pets are (a) kept on leashes and under restraint by their owners or handlers, (b) kept in carriers, or (c) kept in owners’ vehicles. Dogs are to be kept leashed until entering the transition zone of the dog park. Pet owners must collect and properly dispose of any waste from their pets. No person shall bring pets, other than service dogs trained to assist disabled persons, into park buildings, including restrooms. No animal, wild or domestic, shall be harassed or molested by people or pets while on park property.
(C) Basketball goals. No person shall climb basketball goals or hang on basketball goal rims.
(D) Boat launching. No person shall launch or retrieve, from any park or waterfront access facility, any boat or watercraft designed to carry human operators or passengers, unless the location is specifically marked to allow such activity.
(E) Camping. No person shall day camp, overnight camp, set up tents or shelters, or use vehicle or trailer-based campers or recreational vehicles in any park area without special permission in writing from the Town Manager or his/her authorized designee.
(F) Child supervision. No child under 11 years of age shall be in a town park without adult supervision.
(G) Closed areas. No person shall enter or be in any areas posted as “Closed”, “Closed to Public”, “No Trespassing”, or “Authorized Persons Only” within any park.
(H) Damage/displacement/removal. No person shall willfully mark, deface, disfigure, injure, tamper with, displace, or remove any structure, equipment, facilities, signs or other property of the town, either real or personal.
(I) Disturbances. No person shall engage in threatening, abusive, insulting, indecent, or unreasonably loud or boisterous language or behavior, and no person shall engage in disorderly conduct or behavior constituting a breach of the public peace.
(J) Diving/swimming. No person shall swim, bathe, or wade in any waters or waterways in or adjacent to any park, unless (a) the waters are specifically designated for such purpose and (b) the activity is conducted in compliance with any posted regulations. No person shall jump or dive from piers, docks, elevated walkways, bridges, or seawalls.
(K) Dock use and protection. Boat docking is permitted only at facilities designed and marked for that purpose and upon payment of any applicable fee. No person shall permit or intentionally cause any boat or watercraft to collide with or damage municipal pier or dock facilities.
(L) Dock walks and boardwalks. Dock walks and boardwalks are intended primarily for the movement of pedestrians or as observation areas. No person shall fish from dock walks or board walks.
(M) Dumping. No person shall bring into a park or dump, deposit, or leave in a park any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, garbage, refuse, trash, or other waste generated from outside a park site.
(N) Fires and fire safety. No person shall build, set, or attempt to start a fire except in grills or pits specifically and safely designed for that purpose. Grills shall be kept at least ten feet from any flammable structure or vegetation. No bonfires, campfires, or ground fires are allowed. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, or other ignited or flammable materials within any park area or any abutting highway, road, right-of-way, grassed, or vegetated areas. No person shall leave a fire before it is completely extinguished.
(O) Fireworks. No person shall bring in, possess, ignite, discharge, or otherwise cause to explode, discharge, or burn any fireworks or explosives in any park area or any adjoining streets or private properties.
(P) Fishing. Fishing is permitted only from facilities and areas specifically designed for that purpose and in areas marked to allow fishing. No person shall gut or clean fish or other marine catches on docks, in restrooms, or in any other park location not specifically designed and provided for that purpose.
(P1) Golf. No driving or chipping of golf balls shall be permitted within any park, unless an area is specifically designed and designated for that purpose.
(Q) Improper use. No person shall use park facilities for other than their designed and intended purpose. All equipment and facilities shall be used in an age-appropriate and size-appropriate manner.
(R) Interference/harassment. No person shall disturb, harass, or unreasonably interfere with any person or persons (a) lawfully occupying a park area, (b) participating in any authorized recreational use of a park area, or (c) participating in a town-sponsored or town-authorized recreational program or activity.
(S) Landscaping damage. No person shall damage, cut, carve, transplant, or remove any tree or plant, injure the bark or pick the seeds or flowers of any tree or plant, dig or otherwise damage or disturb any grass area, or in any other way injure or impair the landscaping, natural beauty, or usefulness of any planted area. No person shall excavate, dig, or remove soil from the parks except town maintenance personnel.
(T) Livestock. No person shall bring horses or other livestock into parks unless part of an event or exhibition for which written permission has been given by the Town Manager or his or her designee.
(U) Loitering. No person shall sleep or loiter, for extended periods of time, on park seats, benches, tables, floors, grounds, or other facilities.
(V) Noise. No person shall generate noise or music that is audible more than 50 feet from its source, except (a) for special events sponsored by the town or (b) for events for which special permits have been issued for a higher level of sound.
(W) Obedience to officials. All persons shall obey the instructions of police officers or other persons authorized by the town to supervise park facilities, operate recreational programs, or direct parking or traffic in the parks. Any person shall immediately leave the premises if so directed by a police officer or other authorized person with park supervision responsibility.
(X) Obstructions. No person shall obstruct or interfere with the designed use of any walkway, path, driveway, parking drive, or play facility.
(Y) Parking. No person shall park a vehicle in any location other than established or designated parking areas. No vehicles shall be parked in parks or park areas overnight.
(Z) Performances. Performance events require reservations and approval by the Town Manager or his/her designee.
(AA) Picnicking. No person shall possess or consume food or beverages in any areas with posted prohibitions.
(BB) Piers and docks. No vehicles (including bicycles, scooters, or other vehicles) are allowed on piers, docks, dock walks, or boardwalks, except motorized wheelchairs or chair-scooters operated by persons with ambulatory disabilities.
(CC) Priority of use. Park users shall observe, in use of facilities, the general rule that facilities are available on a first-come, first-served basis, unless a specific reservation has been made for the use of facilities. Residents of the town shall, in general, have priority in the use and reservation of municipal park facilities, and the Town Manager or his/her designee may, if needed, limit the extent of non-resident use in order to preserve use opportunities for town residents.
(DD) Reservations. Persons who desire to reserve the use of a park facility (such as a shelter or athletic field) must make applications and receive written approval for same from the Town Manager or his/her designee. Reservations are subject to any adopted board or administrative policies, including any required fees. Persons with approved reservations shall have priority in the use of the designated park facility.
(EE) Safety. No person shall fail to observe and obey any posted safety regulations within a park.
(FF) Signs/advertisements. No person shall post, place, or distribute signs, banners, or advertisements within any park without specific written authorization from the Town Manager or his/her designee.
(GG) Skateboards. No persons shall use skateboards or scooters on tennis courts, basketball courts, picnic tables, picnic shelters, parking stops, or benches. If an area is provided within a park for the specific use of skateboards, skateboards shall not be used in any area of that park except within the designated area. Within any facility that is provided for the use of skateboards, any person riding a skateboard at the facility is required to wear a helmet, elbow pads, and knee pads.
(HH) Smoking. Smoking is not permitted within any area of a park, except the designated parking areas.
(II) Traffic regulations and safety. No person shall fail to obey all traffic signs posted in the park indicating speed, direction, caution, use, stopping, parking, or other instructions posted for proper control and/or protection of life and property. The speed limit on any roadways or drives within park areas shall be ten miles per hour.
(JJ) Trails and walkways. Pedestrians have the right-of-way on trails and walkways at all times. Other users (such as skaters, skateboarders, and bicyclists) shall yield to pedestrians and shall maneuver and control their movement in a manner that protects pedestrian safety and avoids collisions and accidents. Motorized vehicles are not permitted on trails, except motorized wheelchairs or chair-scooters operated by persons with ambulatory disabilities, authorized maintenance vehicles, and low-speed vehicles involved in special events authorized by the town.
(KK) Vehicle use. No person, except for park maintenance workers, public safety personnel, and emergency service personnel, shall drive any vehicle in any area except paved park roads, driveways, or parking areas. No person may use off-road vehicles (such as all-terrain vehicles, golf carts, off-road motor scooters, motorized bikes, mini-bikes, or go carts) in the parks, except (a) town employees engaged in maintenance, supervision, or patrol functions or (b) persons who have received written permission from the Town Manager or his/her designee for use of such vehicles in connection with special events or maintenance.
(LL) Vending and solicitations. No person or organization shall sell food, beverages, or merchandise in the parks, except through concessions operated or authorized by the town. No person shall solicit donations within parks without permission in writing from the Town Manager or his/her designee.
(MM) Water protection. No person shall engage in actions that degrade or pollute waterways, including throwing foreign objects into the waters or introducing substances which pollute or degrade water quality or harm fisheries or other aquatic life. No person shall introduce any non-native animal, plant, or organism into waterways.
(NN) Waste disposal. No person shall deposit any refreshment waste, picnic waste, litter, garbage, or other waste in any location except in waste containers specifically designed for that purpose. All trash, litter, refuse, garbage, and containers are to be placed in proper waste receptacles. If waste receptacles are unavailable or lack additional capacity, such refuse and trash shall be carried away from the park and properly disposed of elsewhere.
(OO) Weapons.
(1) No person shall carry, use, or possess firearms or other dangerous weapons of any kind (such as but not limited to knives, bows and arrows, crossbows) within any park, except for law enforcement officers engaged in the discharge of their duties. No archery activities are permitted except by special permission of the Town Manager or his/her designee.
(2) (a) Due to pre-emptive provisions of state law, the carrying of concealed handguns is prohibited at the following recreational facilities only:
1. Athletic fields, including any appurtenant facilities such as restrooms, during an organized athletic event if the field has been scheduled for use with the Town of Swansboro Parks and Recreation Department.
2. Any facility used for athletic events, including, but not limited to, a gymnasium.
(b) The term
RECREATIONAL FACILITIES
does not include any greenway, designated biking or walking path, an area that is customarily used as a walkway or bike path although not specifically designated for such use, open areas or fields where athletic events may occur unless the area qualifies as an “athletic field” pursuant to division (OO)(2)(a)(1) above, and any other area that is not specifically described in this division. See also, G.S. §§ 14-415.23; 14-409.40(f).
(3) The Town Manager or his or her designee shall maintain lists and/or maps identifying those recreational facilities on which the carrying of concealed handguns is prohibited. The lists or maps shall also be filed with the Town Clerk. These facilities shall include, at a minimum, the Town of Swansboro Recreation Center.
(4) The Town Manager or his designee shall post, as soon as practicable, information in the affected parks that specifically identifies those areas in which the carrying of concealed handguns is prohibited.
(PP) Wildlife and habitat. Natural areas of parks are habitat areas for animals, birds, reptiles, and insects. Users of such areas shall exercise care and vigilance in, and adjacent to, natural areas to avoid harming wildlife and to avoid damaging or destroying habitat areas for wildlife. No person shall hunt, trap, wound, injure, or kill any bird or animal in any park. No person shall release any animal in a park area unless such release is authorized by the Town Manager.
(Ord. 2008-019, passed 9-16-08; Am. Ord. 2011-027, passed 8-16-11; Am. Ord. 2011-031, passed 11-15-11; Am. Ord. 2011-032, passed 12-7-11; Am. Ord. 2013-O19, passed 11-19-13; Am. Ord. 2017-012, passed 11-14-17; Am. Ord. 2018-O13, passed 7-24-18) Penalty, see § 94.99
Statutory reference:
Possession of firearms in public parks and recreation areas, see G.S. § 14-409.40(f)
Posting prohibitions against carrying concealed handguns, see G.S. § 14-415.23