§ 92.24 PROHIBITED CONDUCT.
   The following conduct unless otherwise excepted shall be prohibited within city parks.
   (A)   Alcohol and tobacco.
      (1)   Unless specifically authorized by city permit and subject to the further requirement, if any, of the OLCC, it shall be unlawful for any person to possess or drink any alcoholic beverage in any city park. Unless specifically authorized by permit, it shall be unlawful for any person to sell any alcoholic beverage in any city park.
      (2)   Unless specifically authorized by permit, it shall be unlawful for any person to smoke tobacco products in any city park or on any city off-street trail. For purposes of this policy, SMOKING and TOBACCO are defined to include, but are not limited to: bidis, cigarettes, cigarillos, cigars, clove cigarettes, e-cigarettes, nicotine vaporizers, nicotine liquids, hookahs, kreteks and pipes.
   (B)   Park hours; closure. It shall be unlawful for any person to be in a park any time between the hours of 10:00 p.m. and the following 4:00 a.m.
   (C)   Additional park closures. The City Council; City Manager; his, her or its designate; or an officer of the City Police Department may close any city park or any part thereof, at any time for any reason herein by erecting barricades or placing signs prohibiting access. Notices that any park or part thereof is closed shall be posted at appropriate locations during the period of the closure, if feasible. However, failure to post the notices shall not invalidate the closure, nor shall it be a defense to the charge of violating this section. The closure shall be done only in the interest of public safety and health. The decision for closure shall be based upon one or more of the following criteria or conditions existing in or near that park:
      (1)   Life or property is endangered and other means cannot reasonably be utilized to eliminate the danger;
      (2)   The overcrowding of persons or vehicles prevents access by emergency assistance or emergency vehicle(s);
      (3)   Park property or other property located near the park is endangered;
      (4)   Loud and unnecessary noise, fighting, violence or threatening behavior is occurring and other means cannot reasonably be utilized to eliminate the condition;
      (5)   A hazardous condition exists; and/or
      (6)   Violation of any criminal offense or ordinance is occurring and other means cannot reasonably be utilized to eliminate the condition.
   (D)   Park closure control. During the period of closure of a park in accordance with the above provisions, it shall be unlawful for any person to enter the park or any part thereof that has been closed or remain in the park or part thereof after having been notified of the closure and having been requested to leave by the city official. The closure shall not exceed 18 hours without the written approval of the City Manager or his or her designee. No person shall enter any building, enclosure or place within any of the parks upon which the words “no admittance” shall be displayed or posted by sign, placard or otherwise without the consent of the city official in charge.
   (E)   Animals in parks.
      (1)   It shall be unlawful for the owner, possessor or keeper of any animal to permit the same to enter upon or to roam at large in any city park that has not been consigned to third-party control. Notwithstanding the above sentence, dogs are permitted in Carnahan Park, where dogs shall remain on leash at all times, and under control of the owner, possessor or keeper of the dog. Additionally, dogs are allowed within the boundaries of any identified, fenced-in, off-leash dog area. These areas shall be set by City Council resolution. While in the off-leash identified fenced-in area, dogs shall remain under voice control at all times by the accompanying owner, possessor or keeper of the dog. Owners, possessors or keepers of any dog are subject to the Animal Code as set forth in Chapter 90.
      (2)   Notwithstanding the above, dogs may also be allowed in city-owned wayside(s) and trails (including trails that run through a park where dogs are not otherwise permitted off-trail) as approved by the city. City wayside(s) not approved shall be signed appropriately to indicate no dogs allowed. Dogs in approved city wayside(s) and trails shall always be on a leash except when secured in a vehicle.
      (3)   Owners of dogs or other animals damaging and destroying park property will be held liable for the full value of the property damaged or destroyed in addition to any penalties that may be imposed for violation for this section. Animal(s) remaining in vehicle(s) are exempt from this section. Notwithstanding the above, service animals are exempt from this division (E)(3) when accompanied by their handler.
         (a)   Fencing. Any designated dog-friendly area shall be fenced-in with a double-gated entrance for safety of owners and dogs, as recommended by the city’s insurer.
         (b)   Guidelines for use of dog-friendly area. Guidelines regarding the use of the dog-friendly parks, or waysides and trails are adopted as set forth in Appendix A, and shall be posted at the entrance of the park, wayside or trail. Guidelines regarding the use of the designated fenced-in, off-leash dog areas are adopted and set forth in Appendix B, and shall be posted at the entrance of the fenced-in area. Guidelines may be amended by a resolution of the City Council.
   (F)   Motorized vehicles. No motorized vehicles shall be permitted in any park or portion thereof within the city except upon designated roadway(s) and parking area(s).
   (G)   Camping/campfires. No overnight camping or campfires shall be permitted within or upon any public park within the city, unless otherwise specifically authorized by city.
   (H)   Firearms and explosive devices. No firearms, explosive devices, blowgun, bow and arrow, crossbow, BB or pellet gun of any kind shall be permitted upon or within any city park without appropriate permit or appropriate license during authorized hunting season(s).
   (I)   Advertising. It shall be unlawful for any person to place or attach any structure or sign of any kind whatsoever on or upon any part of a city park without written permission.
   (J)   Rubbish and litter. It shall be unlawful for any person to place any straw, dirt, chips, paper shavings, shells, ashes, swill or garbage, or other rubbish, refuse or debris in any city park.
   (K)   Vandalism. It shall be unlawful for any person to damage city property.
(Prior Code, § 92.05) (Ord. 1192, passed 6-21-2004; Ord. 1292, passed 11-3-2014; Ord. 1302, passed 6-1-2015; Ord. 1350, passed 9-5-2019) Penalty, see § 92.99