[HISTORY: Adopted by the Common Council of the City of Lodi as § § 11.06 to 11.11, 11.13 and 11.14 of the City Code. Amendments noted where applicable.]
Purpose and definition. In order to protect the parks, parkways, recreational facilities and conservancy areas within the City from injury, damage or desecration, these regulations are enacted. The term "park" as used in this chapter shall include all grounds, structures and watercourses which are or may be located within any area dedicated to the public use as a park, parkway, recreation facility or conservancy district in the City.
Littering prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any park.
Sound devices. No person shall operate or play any sound-amplifying system unless specific authority is first obtained from the Park Commission.
Pets. No person shall permit any dog, cat or other animal ("pet") owned by him or in his charge to be present in Glen View Park, Goeres East Park or Strangeway Park. No person shall permit any pet to be present in Haberman Park, Veterans' Park and Goeres West Park except when such pet is on a leash controlled by the owner or person in charge of the pet. In parks where pets are allowed pursuant to this chapter, pet waste shall be picked up and properly disposed of by the owner or person in charge of the pet immediately after it is deposited.
Bill posting. No person shall post, paste, fasten, paint or attach any placard, bill, notice, sign or advertising matter upon any structure, tree or other natural object in the park, except park regulations and other signs authorized by the Park Commission.
Throwing stones or missiles prohibited. No person shall throw stones or other missiles in or into any park.
Removal of park equipment prohibited. No person shall remove benches, seats, tables or other park equipment from any park.
Trapping. No person shall trap in any park unless written authorization is first obtained from the Park Commission.
Making of fires. No person shall start, tend or maintain a fire except in personal grills or designated fireplaces. Personal grills shall be used only in designated picnic areas. The use of personal grills is permitted provided lawns and vegetation are not endangered. Unburned fuel and ashes shall be disposed of in such a manner as to prevent fire or damage to any park property.
Protection of park property. No person shall kill, injure or disturb or attempt to injure or disturb waterfowl, other birds or animals, wild or domestic, within any park, except as permitted by this chapter. No person shall climb any tree or remove flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure, deface, write upon or ill use of any tree, shrub, flower, flowerbed, turf, soil, sand, fountain, ornament, building, structure, apparatus, bench, table, official notice, sign or other property within any park.
Motorized vehicles. Except for authorized maintenance vehicles, no person shall operate an unlicensed or licensed motorized vehicle outside of areas specifically designated as parking areas or areas where the operation of such vehicles is specifically permitted. Motor vehicles are restricted to the roads and drives and parking areas. No motor vehicles of any nature may be used on the seeded areas except vehicles which have a Park Commission authorization for shows, rides or exhibits, and then only for the purpose of loading or unloading. No person shall operate any off-the-road vehicle, motorcycle, trail bike, all-terrain vehicle, truck or other motorized vehicle in any park, playground or other public ground where pathways or trails have been developed and/or designed for walking, hiking, jogging, running, bicycling, cross-country skiing, sledding or other pedestrian use. All motorized vehicles are limited to use of roadways specifically for their own use and according to other restrictions in this Code.
Bicycles. No person shall ride a bicycle in a City park.
Snowmobiles. No person shall operate a snowmobile in a City park except on designated snowmobile trails during regular park open hours.
Speed limit. No person shall operate any vehicle in a City park in excess of 15 miles per hour unless otherwise posted.
Reckless driving in parks prohibited. No person shall operate a motor vehicle in a reckless manner in any of the parks of the City.
Parking in parks. No person shall park any motor vehicle in any park in the City except in a designated parking area.
Horse and carriages. No person shall ride a horse or drive a horse-driven vehicle in any park.
Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.
Golfing and sporting activities. No golfing or practicing golf in City parks or recreation areas shall be allowed except with the use of a whiffle ball. All sporting activities must be held in areas so designated for that purpose.
Use of firearms or weapons in or near parks or recreation areas.
[Amended 9-18-2012 by Ord. No. A-437; 6-3-2014 by Ord. No. A-469]
No person shall throw, shoot or discharge or cause the discharge of any bullet, pellet, B-B, marble, stone or missile of any sort from any firearm, slingshot or other weapon within 660 feet of any public park, recreation area, enclosure or play area owned or controlled by the City of Lodi and used for recreation or pleasure and that is located within, or partly within and partly outside, the municipal boundary of the City of Lodi.
Fees and charges. The Park Commission shall have authority to establish such fees as deemed necessary for use of any park facility, shelter or land area, subject to the approval of the Common Council. It shall be unlawful to use such areas without payment of such fee or charge when required.
[Amended 10-10-2006 by Ord. No. A-361]
Hunting on park lands.
[Amended 9-18-2012 by Ord. No. A-437]
Except as provided in Subsection B(21)(c) herein, no person may hunt or trap on lands located in the municipal parks of the City of Lodi.
Except as provided in Subsection B(21)(c) herein, no person may have in his or her possession or under his or her control a firearm on land located in the municipal parks of the City of Lodi unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:
A person employed in the State of Wisconsin by a public agency as a law enforcement officer and to whom § 941.23(1)(g) 2 to 5 and (2)(b)1 to 3, Wis. Stats., apply.
A qualified out-of-state law enforcement officer, as defined in § 941.23(1)(g), Wis. Stats., to whom § 941.23(2)(b) 1 to 3, Wis. Stats., applies.
A former officer as defined in § 941.23(1)(c), Wis. Stats., to whom § 941.23(2)(c) 1 to 7, Wis. Stats., applies.
A licensee as defined in § 175.60(1)(d), Wis. Stats., or an out-of-state licensee defined in § 175.60(1)(g), Wis. Stats., if the firearm is a hand gun.
A person may hunt or trap in a Lodi municipal park or in a portion of a municipal park if approved by the Common Council after a recommendation by the Lodi Park Commission to adopt a resolution which shall define the specific species of game and other terms and conditions for the hunt.
Fish cleaning. Cleaning of fish in shelters, toilet facilities or picnic areas is prohibited in all City parks.
Camping. Overnight camping is not permitted in any City park.
Utility installation and construction. Any private construction which may in any manner encroach upon or affect the parks and parkways shall be under the direction and jurisdiction of the Park Commission, and no such installation, repair or construction shall commence without written permission therefor from the Park Commission. All public works, including construction and installation of power lines, hydrants, sewers and the like, shall be commenced only after notice to the Park Commission of the City's intention to do so. Where practicable, such construction and installation shall be performed pursuant to recommendations by the Park Commission.
Fermented malt beverages. Beer and wine only, in cans only, may be consumed in the bleachers along the Goeres Park softball diamonds during scheduled league softball games.
Glass containers. No person shall bring into any City park or have in his or her possession in any City park any glass containers.
No person shall fly a radio-controlled model airplane or helicopter in any park in the City except in areas specifically designated and posted for such purpose.
Except as authorized by the Park Commission, no person shall dig into the turf of any City-owned property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Park Commission, the use of metal detectors and digging for buried objects on City property, except beaches where no vegetation is present, is prohibited.
Hours designated. Except for authorized events, scheduled ball games and other special events, and subject to certain exceptions listed below, all City parks shall be closed from 10:00 p.m. to 5:00 a.m. the following day, and it shall be unlawful to enter in or be upon any park, playground or swimming pool after the hour designated.
Park closing and opening dates. The Park Commission will have full authority to open and close any park, swimming pool, recreational facility or area because of season, condition, or construction or when, in the interest of public safety, it is deemed necessary. Picnic shelter season shall be from the first weekend in May through the last weekend in September.
No person shall operate any ultralight aircraft or hot air balloons within the City parks.
Policy on reservation. The City-owned park and park facilities and shelter areas are primarily for the nonexclusive use of the residents and visitors of the City. However, under proper circumstances, exclusive use of the same or parts thereof may be permitted. This section is intended to regulate exclusive use of municipally owned parks, park facilities, park shelters or parts thereof in the City to the end that the general welfare of the City is protected.
Fund-raising activities. Notwithstanding any other language in this Code, fund-raising activities shall not be allowed in the City of Lodi parks except for activities conducted by nonprofit organizations which meet all of the following criteria:
The headquarters of the organization is located within the geographical limits of the School District of Lodi or, in the case of an international, national or regional organization, it has a unit or subdivision with headquarters located within the geographical limits of the School District of Lodi or, in the case of an organization which does not have a local headquarters, the majority of the members of the governing body of the local unit of the organization reside within the geographical limits of the School District of Lodi.
The activities of the organization or its local unit or subdivision primarily support the betterment of the Lodi community.
Reservation of park space. A person or group, firm, organization, partnership or corporation may reserve the use of a park facility or a park shelter by written application filed with the Clerk for a permit for exclusive use of the same. The Clerk shall issue permits for exclusive use of a park shelter or a portion of a park, while the Park Commission shall issue permits for the exclusive use of the City parks. Park facilities are reserved on a first-requested, first-reserved basis.
Application. Applications shall be filed with the Clerk at least 30 days prior to the date on which the exclusive use of the entire park is requested, or at least 14 days prior to the date on which a park shelter or a portion of a park is to be used, and shall set forth the following information regarding the proposed exclusive use. Reservation applications will be received after January 1 of each year.
The name, address and telephone number of the applicant.
If the exclusive use is proposed for a group, firm, organization, partnership or corporation, the name, address and telephone number of the headquarters of the same and the responsible and authorized heads or partners of the same.
The name, address and telephone number of the person who will be responsible for the use of said park, area or facility.
The date when the exclusive use is requested and the hours of the proposed exclusive date.
The anticipated number of persons to use said park, area or facility.
Any additional information which the Park Commission or Clerk finds reasonably necessary to enable it or him to make a fair determination as to whether a permit should be issued.
Deposit. All applicants for reservation of park space or shelters for which a permit is required shall pay a deposit as specified by the Common Council by resolution, to pay for the City's maintenance and cleanup expenses. This shall not limit the right of the City to collect from an individual or organization in the event cleanup or repair costs exceed the amount deposited.
Reasons for denial. Applications may be denied for any of the following reasons:
If it is for a use which would involve a violation of federal or state law or any provisions of this Code.
If the granting of the permit would conflict with another permit already granted or for which application is already pending.
The application is made less than the required days in advance of the scheduled exclusive use.
If it is for a use of the park or park facility at a date and time when, in addition to the proposed use, anticipated nonexclusive use by others of the park or park facility is expected and would be seriously adversely affected.
If the law enforcement requirements of the exclusive use will require so large a number of persons as to prevent adequate law enforcement in the park, park facility or shelter area involved or in the rest of the City.
The exclusive use will reasonably create a substantial risk of injury to persons or damage of property.
The exclusive use is so poorly organized that participants are likely to engage in aggressive or destructive activity.
Indemnification. Prior to granting any permit for exclusive use of the park, the City may require the permittee to file evidence of good and sufficient sureties, insurance in force or other evidence of adequate financial responsibility, running to the City and such other third parties as may be injured or damaged, in such amount as City officials deem appropriate taking into account the likelihood of injury or damage as direct and proximate result of the exclusive use, and sufficient to indemnify the City and such third parties as may be injured or damaged thereby, for injuries or damages caused by the permittee, its agents or participants.
Permit not required for City activity. A permit is not required for exclusive use of the park or park facility for events sponsored by the City. However, the date must be scheduled by the City Clerk and posted on the respective shelter bulletin board.
Permit revocation. The Common Council or Park Commission, after granting a permit, may revoke a permit already issued if it is deemed that such action is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of the peace or by a major change in the conditions forming the basis of the issuance of the permit.
Form of permit. Each permit shall be in a form prescribed by the Park Commission and shall designate the park, park facility or shelter area involved, date, hours of the exclusive use, purpose of the exclusive use and the name of the person, group, firm, organization, partnership or corporation to which the permit is issued.
Class "B" fermented malt beverage licenses. When fermented malt beverages are sold at any event authorized by this section, a valid fermented malt beverage license shall be obtained and the provisions of Chapter 204, Intoxicating Liquor and Fermented Malt Beverages, of this Code shall be fully complied with. Said license must be held by the person who filed the original license and shall be presented to any law enforcement officer upon request.
Scheduling of softball tournaments. All softball tournaments to be played in the City of Lodi parks shall be scheduled by the Lodi Slow Pitch Softball League.
The following acts and things shall be prohibited within the enclosure surrounding the Goeres Park swimming pool:
Running on the pool deck.
Pushing, dunking or roughhousing.
Any person other than the lifeguards or pool maintenance personnel being in or on any of the following places: the "point" area (lawn) and any lifeguard stand.
Climbing or diving from railing or platforms.
Wearing street clothes or shoes (other than by adults in charge of children at the pool).
Possessing, consuming or using food, drinks, any tobacco product, or any controlled substance as defined in Ch. 961, Wis. Stats.
Use of floating devices unless allowed by lifeguard.
Failure to obey any lifeguard.
In addition to any penalties which may be imposed under § 248-8 hereof, any person employed as a lifeguard at the pool is hereby empowered to suspend the pool use privileges of any person determined by the lifeguard to have violated any of the above rules, for the following periods:
First violation in a summer: one day (being the remainder of the day on which the violation occurs).
Second violation in the same summer: one calendar week.
If the suspended person is a minor, written notice of the suspension shall be mailed to the parent or guardian by the lifeguard by the next day after suspension, but failure to do so shall not invalidate the suspension. This is in addition to, and not in place of, the notice requirements of Subsection G hereof.
For purposes of imposing suspensions, multiple rule violations occurring the same day shall be counted as one violation.
Any person whose pool use privileges are suspended pursuant to the foregoing provisions shall not enter the pool enclosure during the period of said suspension.
Failure to abide by a suspension imposed hereunder shall constitute a violation of this chapter.
Any person whose pool-use privileges are suspended for the remainder of the summer shall have the right to a hearing before the Common Council if requested by the person, or by the person's parent or guardian if the person is a minor. Within two business days after the imposition of the suspension, the lifeguard imposing the suspension shall advise the City Clerk of the suspension and of the name and address of the person suspended or, if a minor, of the person's name and the name and address of the person's parent or guardian. The Clerk shall send a notice within two days of his receiving the above information to the person or, if a minor, his parent or guardian describing the suspension and the right to a hearing. The notice shall state that a request for a hearing must be filed with the Clerk within 10 days of mailing of such notice by the Clerk. If said request is filed, the Council will hold a hearing at the next regularly scheduled Council meeting, giving the person requesting the hearing at least two days' notice thereof. At the hearing, such person shall have the opportunity to present evidence or arguments he or she may have in opposition to the suspension. Any of the lifeguards or other pool or City personnel shall have the opportunity to present evidence or arguments in favor of the suspension. Following the hearing, the Council shall determine whether or not the suspension should continue.