A. Definitions: For purposes of this section the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense shall include the future. The masculine gender shall include the feminine, and the singular shall include the plural and vice versa. The words "shall" and "must" are always mandatory.
CAMP: The setting up of tents, shacks or any other temporary shelter for the purpose of sleeping or otherwise staying in the park overnight.
CITY: The city of West Wendover, Nevada. Except as otherwise provided hereafter, with regard to park property administered by the city, the city shall be responsible for: creating any applicable restrictions, establishing and maintaining any signs or postings required, and enforcing the provisions of this section.
DISTRICT: The West Wendover recreation district. Except as otherwise provided hereafter, with regard to park property administered by the district, the district shall be responsible for: creating any applicable restrictions, establishing and maintaining any signs or postings required, and enforcing any provisions or restrictions which are not made unlawful by this section.
LOITER: To be slow in moving, to delay, to hinder, to be dilatory, to spend time idly, to sleep or protractedly lounge, and/or engage in loud, boisterous, threatening, abusive, insulting or indecent language.
PARK: A park, trail, greenway, playground, swimming pool, beach, recreation center, shelter house or any other area in the city, owned or used by the city or district and devoted to active or passive recreation for the public.
PERMIT: Written permission by the city or district and/or an official form issued by the authorized representative of the city or district. The city or district shall establish procedures for the permit process as provided herein.
VEHICLE: Any conveyance on wheels or tracks, whether motor powered, animal drawn or self-propelled. The term shall include any trailer of any kind or description. Exception is made for baby carriages or strollers.
B. Prohibited: Within the limits of any park, it is unlawful for any person to:
1. Conduct any group rally or assembly of ten (10) or more people, designed to promote a common course of action of the group, without a permit or other written authorization by the city or district.
2. Use glass containers for the distribution of beverages, including bottled beverages.
3. Litter, as provided for in subsection 4-3-6C of this title.
4. Deposit any refuse brought from private property in receptacles located in parks or similar designated areas/facilities. Nothing in this section is intended to prohibit the disposal of refuse generated from park use, such as picnics, barbecues, lunches, etc.
5. Stay or continue in noncompliance in a park when directed to leave or alter conduct by an appropriate city or district employee or police officer for violations of this code or posted/designated restrictions.
6. Loudly use abusive language or conduct oneself in a manner that interferes with the reasonable use and enjoyment by the general public or engage in disorderly conduct or behavior tending to breach the public peace or interfere with the activities of lawful permittees.
7. Wilfully or intentionally destroy, damage or injure any property.
8. Remove, destroy, break, cut, disturb, sever from the ground, alter, cover, mutilate or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system or sprinkling system or other property lawfully in any park or similar designated area.
9. Climb onto any tree, except those designated for climbing, or climb onto any wall, fence, shelter, building, statue, monument or other structure, excluding play apparatus.
10. Swim, bathe, wade in or pollute the water of any ornamental pool or fountain.
11. Kindle, build, maintain or use any fire, other than in a permanent grill.
12. Tease, annoy, disturb, molest, catch, injure or kill, throw any stone or missile of any kind at, or strike with any stick or weapon, any animal, bird or fowl; or feed any fowl or bird in any area, except those areas designated by the city or district.
13. Distribute, post or place any commercial handbill or circular, notice or other advertising device or matter, except as permitted by the terms of any agreement or permit relating to the use of park property.
14. Use any devices or materials with jagged or rough ends and edges which are dangerous to swimmers or bathers.
15. Permit any animal to enter and remain within the confines of any public park area except as otherwise provided in this section.
16. Wash, polish or repair cars or other vehicles.
17. Enter or remain in any public park during the night hours that the park is closed, provided that signs are posted indicating the hours that the park is closed, except when engaged in activities that are a part of a recreation program approved by the city or district.
18. Camp at any park not designated by authorized signs as a campground.
19. Possess or consume alcoholic beverages except in areas designated by the city or district and when such beverages are purchased or consumed within the concessionaire's licensed premises. Designated areas are: Scobie park, Lacombe ball fields, Toana Vista golf course, equestrian grounds, and such further areas as may be designated by resolution of the city council.
20. Disobey rules or signs for designated swimming areas. All persons using designated swimming areas shall obey all posted pool rules and/or the instruction of lifeguards, facility managers, or other district employees. No person shall give or transmit a false signal or false alarm of drowning.
21. Park in an area designated for a particular recreational activity unless participating in that activity and only while participating in that activity. Vehicles parked in contravention of this section may be impounded at owner's expense.
22. Disobey rules or signs restricting activities or conduct posted within a distinct area within the park and applying to a distinct specified area of the park, provided such rules have previously been approved by resolution of the city council.
C. Prohibited Without Permit: Except as authorized by permits and subject to the terms and conditions imposed by the city or the district, it is unlawful for any person, within the limits of any public park or similar designated area, to:
1. Cut or remove any wood, plant, grass, soil, rock, sand or gravel.
2. Park any vehicle except bicycles on grassed areas or in designated bicycle racks.
3. Amplify music or use battery operated loudspeakers (bullhorns).
4. Ride or drive any horse or any other animal.
5. Engage in or conduct any activity which creates any sound, noise or music exceeding eighty (80) dBA sound pressure level taken at a point ten feet (10') in front of the source for a cumulative time period of at least five (5) minutes when measured with a calibrated American National Standard Institute (ANSI) type I or type II sound level meter with weighting set at "A" and response set at "slow" except any activity which is sponsored by the city or the district or authorized by permit issued by the city or district.
6. Operate a fixed or mobile concession or traveling exhibition.
7. Solicit, sell, offer for sale, peddle, hawk, or vend any goods or services.
8. Advertise any goods or services other than the direct handling of written advertising handed to any one person.
9. Distribute any commercial circular, notice, leaflet, pamphlet or printed material of any kind except in those areas that may be designated by the district.
10. Enter upon, use, or traverse any portion of a park or similar designated area for commercial purpose, including fundraising and/or fund solicitation, without written permission from the district.
D. Signs: Within the limits of any public park or similar designated area, it is unlawful for any person, wherever signs are posted prohibiting such activities, to:
1. Operate, park or stand a motor vehicle, including motorcycles and all-terrain vehicles (ATVs) in violation of such prohibitions or restrictions. Such signs may impose any prohibition or restriction upon the operation, parking or standing of motor vehicles which the city or district shall determine will maximize the enjoyment and use of any park, or similar designated area, by users.
2. Loiter.
3. Barbecue or conduct other outdoor cooking for meal preparation.
4. Allow pets or allow pets to roam freely without leashes, as provided for in subsection 4-4-8A of this title, or allow pets to create offensive odors, excessive noise or unsanitary conditions, which are considered dangerous to the health, comfort or safety of the public.
5. Allow pets to scratch, dig or defecate on any portion of the public park. In particular, defecation which is not immediately removed by the pet owner/guardian to a receptacle for disposal.
6. Throw, cast, catch, kick or strike any baseball, tennis ball, football, basketball, croquet ball, soccer ball or any other object.
7. Ride upon roller skates, skateboards or bicycles.
8. Engage in kite flying.
E. Designated Areas: Except in park areas or other similar designated areas specifically designated for such purposes, it is unlawful for any person to:
1. Engage in model airplane flying.
2. Kindle, build or maintain any campfire.
3. Discharge firearms for target practice.
4. Engage in archery for target practice.
5. Launch model rockets.
F. Permit Process: Park property is open to use by the public regardless of race, gender, age, national origin or creed. Whenever permits or written authorization is required under these provisions the following shall govern:
1. On park property administered by the city:
a. Permit applications may be obtained from the city offices.
b. Applications shall be processed by the city clerk within ten (10) days of receipt. Fees for the application and fees for the permit shall be as established by resolution of the city council from time to time.
c. If a permit is denied, the city clerk shall set forth the reasons therefor in writing. Grounds for denial include failure to provide required accurate and complete information, failure to pay required fees, and events or activities which endanger the public health, safety and welfare which cannot be reasonably accommodated at the cost and expense of permittee.
d. In the event of a denial, an applicant may appeal, in writing, the decision to the city council for a full review of the decision of the city clerk if time permits prior to the proposed event or activity. If there is insufficient time to permit appeal to the city council, appeal may be made to the city manager. A decision by the council or city manager is final. Forms for filing an appeal may be found at the city offices.
e. Permits issued are subject to conditions: Permits may be for single instance, seasonally or for an indefinite time basis; all regulations of the permit area presently in effect unless otherwise specifically excepted within the permit in writing; revocation by the city clerk or the chief of police, or their designees, for violation of any provision of the permit or this code; failure to follow any lawful directives of the city clerk or police of the city; and liability for any damage, injury or loss sustained as a result of permittee's negligence or that of a member of that group.
f. No activities may be conducted under a revoked permit. A revocation may be appealed as provided for the denial of an application. If the revocation is successfully appealed, reinstatement may be ordered without the payment of additional fees. If a revocation is upheld, a new application process must be instituted in order to become permitted for that activity or event. In the event of revocation all permit and application fees shall be forfeited.
g. Persons holding a valid permit in good standing will be entitled to exclusive use of the park property subject to the conditions of the permit.
h. The permit must be in the possession of the permittee and available upon request.
i. In the event a special event permit is acquired for the activities for which a permit would be required hereunder, an additional permit under these provisions shall not be required.
2. On park property administered by the district:
a. The governing body of the district shall adopt provisions not inconsistent with the foregoing provisions concerning subsection F1 of this section.
b. Upon presentation to the city council of the provisions adopted pursuant to subsection F2a of this section, the city council may, at its sole discretion, approve such provisions by resolution and provide for additional enforcement of such provisions by city police. (Ord. 2006-01, 6-6-2006)