(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HUMAN PROPELLED DEVICE.
Any wheeled device propelled by human power including but not limited to a bicycle, skate board or roller skates.
MOTOR DRIVEN VEHICLE.
Includes but is not limited to a motorcycle, motorbike, mini-bike, all terrain vehicle, automobile, and truck.
OFFICIAL.
For the purpose of this section, an “official of the city” who is authorized to grant temporary permission to violate the provisions of this section shall include the City Administrator, Supervisor or Director, or the Chief of Police
PARK.
For the purpose of this section, the term shall refer to publicly owned property within the city designated for recreation purposes by the city for use by the general public without charge for admission.
PUBLICLY OWNED PROPERTY.
That property owned or under the control of a political subdivision of the state.
(B) Driving a motor vehicle within the city park prohibited. No person shall drive or operate a motor driven vehicle within the city on or within a park owned by the city without the consent of an official of the city.
(C) Riding human propelled device in certain areas within park prohibited.
(1) No person shall drive, ride or operate a human propelled device of any description upon the designated walking path within the Godwin City Park without the consent of an official of the city.
(2) No person shall drive, ride or operate a human propelled device of any description upon or within an area which has been sign posted with written notice or symbol sign by the Director of Parks and Recreation or other official to prohibit certain human propelled devices.
(D) Riding horse within city park prohibited. No person shall ride a horse or horse drawn device within any portion of any city park.
(E) Reckless bicycle riding within the city park prohibited. No person shall ride a bicycle or other human propelled device within a park in a willful or wanton disregard for the safety of persons or property.
(F) Parent or guardian allowing a minor to violate section prohibited. No parent, guardian or custodian of a ward or child less than 17 years of age shall knowingly permit their child or ward to violate the provision of this section.
(G) Seizure of vehicle. Any officer of the Police Department having probable cause to believe that a person has violated the provisions of this section shall have the authority to seize any motor driven vehicle or human propelled device and arrest the violator without warrant. The officer may hold the seized vehicle or device as evidence for court purposes or, if the violator is a minor, release it to the parent, guardian or custodian of a child or ward accused of violating the provisions of this section.
(H) Parking of vehicles.
(1) A person commits an offense if in any park or recreational area he or she knowingly:
(a) Stops, stands, or parks a motor vehicle;
(b) Parks a motor vehicle so as to obstruct entrance to or exit from a roadway, parking area, or trail established for public motor vehicle use; or
(c) Fails to park the entire motor vehicle within the limit lines of a designated parking stall, where such lines have been provided.
(2) It is a defense to prosecution under division (H)(1) that the stopping, standing or parking:
(a) Was along a roadway, trail, or parking area established for public motor vehicle use;
(b) Was due to temporary mechanical failure of the vehicle;
(c) Was ordered by a police or park officer or a person charged with supervision of a park or recreation area within the municipality; or
(d) Was performed by an employee of the municipality while in the course of his or her official duties.
(I) Applicability. The provisions of this section do not apply to the following:
(1) Persons operating and vehicles being operated as emergency vehicles to include but not limited to police, fire and ambulance personnel or employees of the city, county or state when operated within the scope of their duties.
(2) Persons operating devices such as fork lifts or moving dollies used in the movement of the property or to facilitate the movement of stocks of items for recreation purposes.
(3) Persons using motorized or human propelled wheel chairs or similar devices that are either temporarily or permanently handicapped or disabled, or the use of a human powered device for the transport of infants such as a baby stroller.
(4) Equipment used and operated by city employees, contractors employed by the city in an official capacity or vehicles and equipment operated by citizens volunteering their labor under the supervision of a city official.
(J) Authority to enforce. Authority to enforce this section shall be vested in the Chief of Police or his or her assigns.
(Ord. 724, passed 6-3-91) Penalty, see § 10.99