[HISTORY: Adopted by the Town Council of the Town of Stanley 6-8-2011. Amendments noted where applicable.]
Article I General Provisions
Article II Skate Park
All the public parks of the Town shall be under the supervision and management of the Town Manager, and it shall be his duty to see that such parks are kept in good condition. The Town Manager shall make all necessary rules and regulations for the conduct and use of such parks, not inconsistent with the provisions of this article and other ordinances of the Town, and persons using such parks shall at all times conform to and obey the same.
Unless otherwise specifically provided, a violation of any provision of this chapter shall, upon conviction, be punishable under the provisions of § 1-16 of this Code.
Any person desiring to have any space or facility in any public park reserved for use by a particular group of persons during a particular time shall secure written permission from the Director of the Parks and Recreation Department.
Persons using recreation buildings, centers or facilities of the Town at any time for private parties, weddings, showers or other private uses, other than at such times when such places are normally scheduled to be open, shall reimburse the Town for the full costs of overtime and fringe benefits of all employees of the Town necessitated by such use, plus costs of necessary custodial services, such reimbursement to be made in accordance with the current schedule of pay and custodial service rates established by the Town Manager as of July 1 of each year. Such persons shall also pay such additional specific charge as is prescribed by the Town Manager.
If the use of any building, center or facility pursuant to Subsection A above is under the auspices of a purely charitable, educational or recreational organization, and no charge is made for admission, and no collection is taken among persons in attendance, the Town Manager may exempt such organization from payment of such charges.
The public parks of the Town shall be closed between the hours of 11:00 p.m. and 6:00 a.m., daily; and unless otherwise specifically provided, it shall be unlawful for any person to enter or remain in any such park during those hours.
Subsection A of this section shall not prohibit passing through a public park, on a public thoroughfare, in a vehicle, without stopping, during the hours the parks are closed.
Any caretaker or authorized persons residing on public park premises shall be excepted from Subsection A of this section only for their respective residences and adjacent areas and while traveling to and from their residences.
Subsection A of this section shall not prevent any police, health or fire officer or authorized caretaker or authorized maintenance personnel from entering into a public park at any time in discharge of their official duties.
Any person who wishes to use any portion of a public park for any activity or use during the hours the parks are closed shall apply to the Town Manager for a special park use permit. The application for such permit shall state:
The name and address of the applicant.
The purpose for which the permit is requested.
The day and hours for which the permit is required.
The park or portion thereof for which the permit is requested.
An estimate of the anticipated attendance.
Any other information which the Town Manager shall find reasonably necessary to a fair determination as to whether a special park use permit should be issued hereunder.
The Town Manager shall issue a special park use permit hereunder when he finds:
That the proposed activity or use is one that could not reasonably be conducted during the hours the parks are open.
That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
That the proposed activity or use is not reasonably anticipated to incite or result in violence, crime or disorderly conduct.
That the proposed activity or use is not reasonably expected to create excessive noise or otherwise to be offensive to residences adjacent to the park to be used.
That the proposed activity or use will not entail unusual, extraordinary or burdensome expense or police operation by the Town.
The Town Manager may impose reasonable conditions in granting a special park use permit under this section.
It shall be unlawful for any person to leave any motor vehicle unoccupied in any public park, unless the vehicle is safely parked in an area expressly designated, by signs, for the purpose, or to leave any such vehicle parked and unoccupied in any public park, unless the operator thereof remains within the confines of such park.
The provision of this section shall not apply to the parking of Town-owned vehicles within public parks, when the same are being used for municipal purposes.
It shall be unlawful for any person to post or display any sign, banner or advertisement, set up any booth or table for the sale of any article whatever, or offer anything for sale, in any public park, without first obtaining a permit so to do from the Town Manager. Such permit shall designate the time and place for such activity and it shall be unlawful for the permit holder, or his agent or representative, to deviate therefrom.
It shall be unlawful for any person, in or upon the grounds of any Town park, to take a drink of any alcoholic beverage or have in his possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage. As used in this section, the term "alcoholic beverage" shall have the meaning set forth in § 4.1-100, Code of Virginia (1950), as amended.
Subsection A of this section notwithstanding, the Town Manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Hawksbill Recreation Park, at 205 Pool Drive, hereinafter referred to as the "designated park facilities," under the following conditions:
Any applicant seeking to serve or permit the consumption of alcoholic beverages in the designated park facilities shall apply to the Town Manager for an alcohol permit, allowing the possession, consumption, distribution or sale of alcoholic beverages within the designated park facilities. If the alcohol permit is issued by the Town Manager, the applicant shall also obtain all appropriate permits and licenses from the State Department of Alcoholic Beverage Control ("ABC Board"). The issuance of the Town's alcohol permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same terms and conditions as the Town's alcohol permit. A copy of the ABC permit shall be filed with the Town Manager at least three business days before the first day of the event which is the subject of the Town's alcohol permit;
The applicant shall comply in all respects with all applicable rules, regulations, terms and conditions of the ABC Board, or any permit or license issued by the ABC Board;
The Town Manager shall designate, in writing, the time and place where alcoholic beverages may be possessed, consumed, distributed or sold within the designated park facilities;
No Town alcohol permit shall be issued which shall allow the possession or consumption of alcoholic beverages after 2:00 a.m., or the distribution or sale of alcoholic beverages 45 minutes prior to the required cessation of the event for which the permit is issued;
Each applicant shall obtain insurance of a type and for an amount acceptable to the Town Manager. The issuance of the Town's alcohol permit shall be conditioned upon the applicant providing a copy of a certificate of insurance, evidencing appropriate and acceptable insurance, at the time of application;
Each application shall be accompanied by a refundable deposit established by the Town Manager, and published in the Town's fee compendium. The refundable deposit shall be for any clean-up necessitated by the applicant's use of the designated park facilities. The determination of whether any clean-up is necessitated by the applicant's use of either of the designated park facilities, and the cost of that clean-up, shall be within the Town Manager's sole and absolute discretion. The amount of any refund shall be determined within five business days after the last day of an event which is the subject of a Town alcohol permit, and any refund, or notice of no refund, shall be made as soon as reasonably possible after the five-business-day period. In the event that the cost of the clean-up exceeds the amount of the refundable deposit, the applicant shall be responsible for the difference;
The fee for an alcohol permit to allow alcoholic beverages to be consumed on the premises of the designated park facilities, pursuant to this section, shall be established by the Town Manager, and published in the Town's fee compendium; and
The Town Manager is authorized to make such other rules and regulations not inconsistent with the Code of the Town of Stanley (1990), as amended, or the Code of Virginia (1950), as amended, as may be necessary to govern the use of the premises where alcoholic beverages may be possessed, consumed, distributed or sold.
It shall be unlawful for any person to injure, molest or disturb any animal kept within any Town park, for the entertainment and instruction of the public or for any other purpose, or to give or offer or attempt to give to any such animal tobacco or other obnoxious articles.
It shall be unlawful for any person to foul or pollute, in any manner, any spring or watercourse in a Town park, or bathe or wash in any lake, pond, spring or fountain located therein, or start the water flowing from any water supply or spigot located therein and not specifically fixed as a watering place for people or animals.
This section shall not apply to swimming or wading in pools provided for such purpose.
It shall be unlawful for any person to attach a swing or hammock to any tree, or remove or change any bench or seat from its place, in any public park, or to go within or upon any enclosures, lawns, slopes or places where there is a sign prohibiting ingress, or to stand or sit upon any guard fences, enclosures or other fences, in any such park.
It shall be unlawful for any person to bring any paint into any public park of the Town in any type of container, including spray paint containers, except with the permission of or at the direction of the Town Manager.
The term "paint," as used in this section, shall mean any substance or mixture or substances, liquid, powder or paste, intended for use as a protective or decorative coating on such things as buildings, fences or structures. It shall not include artist colors.
The term "park," as used in this article, shall mean any land, water, right-of-way, or way owned or managed by the Town that is designated in the Town's Comprehensive Plan as a park, or which is administered by the Town as such, including, but not limited to, the Hawksbill Recreation Park (as defined in § 142-10), and all of the Town-owned lands.
The purposes of the Town's parks include enhancing the health, enjoyment, and quality of life of citizens by preserving and protecting open spaces and the natural environment, the native flora and fauna therein, and historic structures and areas; providing for sustainable active and passive recreational facilities and areas for public use; and contributing to the attractiveness of the community with landscaped and ornamented areas, buffers, and open spaces.
This article shall be known as the "Town Skate Park Ordinance."
The purpose of this article is to promote the public peace and the health, safety, and welfare of residents of the Town by establishing regulations for the use of skate parks owned or operated by the Town. This article does not preclude other civil or criminal actions in regard to conduct prescribed herein.
The Town Council hereby declares that skateboarding, roller-skating, in-line skating, and trick bicycling are hazardous recreational activities. Individuals using a skate park owned or operated by the Town shall assume all risk of injury or loss.
Any person entering, using, or remaining in a skate park owned or operated by the Town shall wear proper safety equipment, including, but not limited to, a secure helmet, knee pads, and elbow pads. All safety equipment shall be functional, properly sized, and in good repair. Helmets shall conform to state standards relating to bicycle safety helmets.
All persons entering, using, or remaining in the skate park owned or operated by the Town shall comply with the following rules and regulations:
The skate park shall have fixed hours of use, which shall be posted at the skate park. No person shall use the skate park at times other than those posted at the skate park. The Town may close the skate park whenever it determines that such closure is necessary, such as during special events, during inclement weather or following vandalism, graffiti, or gross violations of the rules and regulations. In addition to other penalties specified herein, use of the skate park after posted hours or during a time of closure may result in a trespassing citation and denial of future use of the skate park.
The skate park may be used by bicyclists, skateboarders, roller skaters, and in-line skaters on the days designated for that particular use and only in accordance with the schedule of use, which shall be posted at the skate park.
All persons entering, using, or remaining in the skate park must wear a shirt and shoes at all times while on skate park property.
No person may bring structures, obstacles, or other materials, such as ramps or jumps, into the skate park.
Smoking, tobacco, drugs, and alcoholic beverages are prohibited anywhere at or near the skate park. As used in this section, the term "alcoholic beverage" shall have the same meaning set forth in § 142-10 of this chapter.
It shall be unlawful to engage in graffiti, tagging, or other defacing (such as the placing of stickers or decals) of skate park property or the property of others.
Except for authorized guide dogs and service animals, animals are prohibited in the skate park.
Glass containers are prohibited anywhere at or near the skate park.
A sign or signs shall be posted at the skate park providing notice that the violation of the skate park's rules and regulations shall subject the violator to the penalties described in § 142-21.
Any person who fails or refuses to comply with the provisions of this article and who is injured while using the skate park shall be deemed negligent per se.