741.02 PROHIBITED ACTS.
   No person shall do or assist in doing any of the following acts in any of the public parks of the City:
   (a)   Perform any disorderly or immoral act.
   (b)   Throw any stones or missiles.
   (c)   Gamble or play any game of chance.
   (d)   Practice fortunetelling.
   (e)   Solicit a contribution or subscription of money or other valuable thing.
   (f)   Cast or deposit any rubbish, refuse, ashes, garbage, stones or sand, except in a container provided by the City for such purpose.
   (g)   Ride or drive any motorized vehicle except on highways.
   (h)   Sell or offer or display for sale any goods, wares, merchandise, refreshments, or any other thing.
   (i)   Remove any seats or benches from their resting places.
   (j)   Willfully deface, injure, break, cut or destroy any building, seats, benches, trees, plants, shrubbery, grass, flowers, monuments, fountains, or other property pertaining to such parks, or dig any hole or cut any sod therein.
   (k)   Post any sign, banner, advertisement or circular, except as provided in Section 741.05.
   (l)   Play any game or engage in any sport or contest except at places designated and set aside by the City as a public playground for such purposes.
   (m)   Obstruct any roadway or path.
   (n)   Ride or drive any horse or other animal in any park except on the highways thereof.
   (o)   Bring any dog into a public park unless such dog is on a leash.
   (p)   Be on park premises before 6:00 a.m. or after 10:00 p.m. unless participating in activities sponsored by the City and/or the Advisory Council on Recreation and Parks.
   (q)   Tobacco Use. No person shall smoke at any City facility designated as a park, playground or pool by Exhibit A attached to original Ordinance 22-2008 and incorporated herein by reference. Exemptions are listed in subsection (q)(3) hereof. All City facilities in which smoking is prohibited shall be posted to prohibit smoking. For the purposes of this subsection, “smoking” means the carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device used for tobacco. “Tobacco use” means the smoking of tobacco products in any form. Failure to comply with this subsection shall result in the following penalty:
      (1)   A warning and a requirement to immediately cease tobacco use in the City park for the first offense.
      (2)   A twenty-five dollar ($25.00) fine and requirement to immediately cease tobacco use in the City park for a second or subsequent offense.
      (3)   Exemptions: Continental Square shall be exempt from the smoking prohibition. (Res. 99-2008. Passed 6-3-08.)