[HISTORY: Adopted by the Common Council of the City of Markesan
by Ord. No. 201 (Ch. 22 of the 1991
Municipal Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All land and water heretofore and hereafter acquired by the
City for park or recreational purposes.
A.
Park hours in all City-operated parks shall be from sunrise to 10:00
p.m. daily. Requests for variation from these hours shall be made
in writing to the Clerk-Treasurer at least 10 days prior to the intended
date of use.
B.
Any group or organization using park facilities is required to have
adult supervision in charge of the group while on park premises.
C.
The public is requested at all times to keep all park and other recreational
areas clean and sanitary.
D.
No profane language is permitted on park or recreational area grounds.
E.
No excessive noise or amplified music is allowed on park or recreational
area grounds. Amplified music, musical instruments and/or bands may
not be played without prior approval by the Clerk-Treasurer.
F.
No pets are permitted in City parks other than working animals.
G.
Park hours for swimming at the Markesan Soldier and Sailor's Park
in the City shall be from sunrise to sunset daily from Memorial Day
to Labor Day. All swimming is at the individual's own risk. Further,
no boat shall be parked overnight on any of the shoreline of the park.
Overnight shall be from sunset to sunrise. No car or boat shall be
parked within the fenced area of the park at any time, except that
boats may be parked along the shore during daylight hours.
H.
All refuse and other waste materials produced while on the park or
recreational grounds shall not be left on the park or recreational
grounds and shall be removed and disposed of off site by the individual
who generated the refuse or other waste materials.
[Amended 10-13-2020 by Ord. No. 263]
I.
No live plantings of flowers, trees and shrubs without permission
of Clerk-Treasurer or the Public Works Director.
A.
In addition to the above rules and regulations, no persons, other
than authorized employees, agents, contractors and permittees of the
City, shall engage in any of the following conduct in any City park:
(1)
Dump or deposit any garbage, waste, trash or debris in other than
an appropriately marked containers.
(2)
Dump or deposit debris, leaves, grass trimmings, brush, trees or
branches.
(3)
Dump or deposit any household or commercially generated garbage,
waste, trash or debris, which are not generated through park use,
in any container designated for any of the above.
(4)
Remove any fixture, furniture, sand, stone, rock, dirt, tree, shrub,
fern, flower or other property.
(5)
Destroy, break, injure, mutilate or deface any building, structure,
monument, statue, fountain, pool, dock, wall, fence, fixture, furniture,
tree, shrub, plant, fern, flower or other real or personal property.
(6)
Bring or ride any animal or animal-drawn vehicle, other than for
horse-drawn vehicles.
(7)
Operate any snowmobile or all-terrain vehicle except on designated
trails.
(8)
Operate any motor vehicle, bicycle, or horse-drawn vehicle on other
than designated streets and thoroughfares.
(9)
Park any motor vehicle, bicycle or horse-drawn vehicle in other than
a designated parking space or for longer than the posted time limits.
(10)
Operate any motor vehicle, bicycle or horse-drawn vehicle in
a reckless, unreasonable or imprudent manner, contrary to the provisions
of §§ 346.61 and 346.62, Wis. Stats., or in excess
of 15 miles per hour, except on a public street having a higher speed
limit.
(11)
Light or make use of any fire, except for cooking in areas and
containers designated for such purpose. Cooking in picnic areas is
permitted in portable metal containers where the base of the fire
is 12 or more inches off the ground or where the container is placed
on bare earth. It is also unlawful to light or make use of any fire
or place or deposit hot ashes in a manner which could cause the fire
to be a danger to person or property.
(12)
Climb a tree or walk upon any wall or fence.
(13)
Enter any portion of a park where persons are prohibited from
going by direction of the Director of Public Works, given in person
or indicated by sign or written notice.
[Amended 4-14-2015 by Ord. No. 233]
(14)
Perform any act prohibited by direction of the Director of Public
Works, given in person or indicated by sign or written notice.
[Amended 4-14-2015 by Ord. No. 233]
(15)
Enter any area, structure or building which is under construction
or fenced, locked or secured to prohibit entry or posted with "No
Trespassing" signs.
(16)
Ice skate in other than a designated ice rink or ice skate in
an improper, unreasonable or imprudent manner.
(17)
Sell, give away, possess or consume any alcoholic beverage,
except as follows:
(a)
The possession and drinking of alcoholic beverages is allowed
in City parks and buildings, provided that persons and groups obtain
the express advance written permission from the Clerk-Treasurer or
designee, who shall grant such permits only to persons or groups possessing
park use permits for the date for which said person or group requests
an alcohol permit.
[Amended 4-14-2015 by Ord. No. 233]
(b)
The sale and giving away of alcoholic beverages is permitted
only by persons and groups appropriately licensed under state law
and this Code.
(18)
Be or remain in any City park between 10:00 p.m. and the sunrise
of the following day, except with the express written permission of
the Clerk-Treasurer. The Clerk-Treasurer may permit individual persons
or groups of persons having a common purpose to remain in one or more
designated parks for some or all of the hours between 10:00 p.m. and
the sunrise of the following day in the event of special events open
to the general public such as, but not limited to, the 4th of July
celebrations, and in the event any group or individual desires to
engage in fishing. Persons engaged in fishing shall, between 10:00
p.m. and the sunrise of the following day, use only such portions
of City parks as are reasonably necessary for fishing purposes.
(a)
Exception: overnight camping by organized groups, e.g., Boy Scouts,
Girl Scouts, 4-H, etc., may be authorized by the Clerk-Treasurer's
office at least 10 days in advance, stating the name of the group,
the number of campers, the responsible adults (at least two) required
to be present at all times and the dates requested.
(19)
Sell or offer for sale any product, articles, food, beverages,
goods or services unless issued a permit by the Clerk-Treasurer.
(20)
Post or install any notice, advertisement, decoration, sign
or banner.
(21)
Place any structure or construction materials or make any improvement.
(22)
String or hang any wire, rope, cable or cord.
(23)
Park or maintain any motor vehicle, bicycle or horse-drawn vehicle
beyond park closing hours, except as authorized in this chapter.
(24)
Use of a skateboard, except in an area designated therefor.
(25)
Use of roller skates and roller blades in an area designated
and marked as a no roller-skating/roller-blading area.
(26)
Play or practice golf, except in an area designated therefor.
(27)
Play amplified music at a volume that annoys or disturbs a person
of ordinary sensibility.
(28)
Play team sports in other than a designated area.
(29)
Sled in other than a designated area or in an unreasonable or
imprudent manner.
(30)
Engage in any activity which would endanger life or property.
(31)
Perform any construction or maintenance work.
(32)
Throw, place or deposit on the beach or in the water of a park,
any lighted smoking material or hot coals or any object with a sharp
or cutting surface.
(33)
Intentionally break any glass.
(34)
Change clothes in other than a designated beach house.
(35)
Dock, moor or beach any watercraft at other than designated
docks, piers, buoys or beach areas.
(36)
Operate any watercraft in any marked swimming area or within
50 yards of the shore in a designated swimming area.
A.
Prohibition. No person shall dump or otherwise deposit snow or ice
on park property.
B.
Exceptions. The prohibition in Subsection A above does not apply to the City, provided permission is obtained from the Clerk-Treasurer or the Public Works Director.
C.
Emergencies. The Mayor may promulgate rules and establish fees to
deal with emergency situations.
In time of actual or potential civil unrest or when the public
interest so requires, any City park or parks may be closed as follows:
The Mayor or Chief of Police may proclaim any City parks closed for
all or a portion of any day or days by issuing an oral or signed written
order so stating, which order shall be made public by such means as
are expedient at the time. Oral orders of the Mayor or Chief of Police
shall be effective until the Public Property Committee shall next
meet at a regularly scheduled or at a special meeting called to discuss
this subject.
A.
Procedure for naming and renaming. The following procedure shall
govern naming and renaming public parks and recreational areas:
(1)
The Common Council shall identify parks and recreational facilities
to be named or renamed.
(2)
The Common Council shall post this information as a public notice
in the official City newspaper and on the City website, along with
any procedure and timetable it may establish.
(3)
The Common Council shall receive input for a minimum of 30 days from
public bodies, professional organizations, community and civic groups
and organizations, and by petition where petitioners have submitted
a written petition signed by no less than 100 City residents.
(4)
The Common Council shall place this item on the agenda of a regularly
scheduled meeting. The Common Council shall consider names submitted
and names recommended by its members.
(5)
The Common Council shall submit a list of all names considered to
the Plan Commission with a request for a recommendation. The Common
Council shall be sent notice of the pending matter. If the Plan Commission
does not act within the time frame determined by the Common Council,
the Common Council shall act without its recommendation.
(6)
The Common Council shall not act upon the matter for a minimum of
60 days.
(7)
Before acting on the matter, the Common Council shall post all names
being considered on the City web site and in the official City newspaper,
along with the date of the Common Council meeting at which this matter
may be acted upon. The Common Council may defer this matter to other
meeting dates without publishing or posting a new notice.
(8)
The recommendation of the Plan Commission shall be forwarded to the
Common Council for action. If the Plan Commission does not recommend
a name by a majority of its full membership, the matter shall not
be considered by the Common Council.
(9)
The Common Council and Plan Commission must approve the name/renaming
by a majority vote of their membership.
B.
Naming and renaming guidelines. The following guidelines will govern
the naming and renaming of parks or recreational facilities:
(1)
Names which reference or include geographical location, geological
features or historic information are encouraged.
(2)
Names may not be of individuals unless deceased for a minimum period
of three years unless the individual made a major effort or donation
for the acquisition or improvement of the park or recreational facility
in specific or of the park system in general.
(3)
Names may not be of individuals then serving in any elected or appointed
public office or position.
(4)
Names may not be of community or civic groups or organizations unless
the group or organization made a major effort or donation for the
acquisition or improvement or use of the park or recreational facility.
C.
Other recognition. The Common Council shall have the exclusive jurisdiction,
without the limitations or procedural requirements of the foregoing,
to:
(1)
Name any area, feature or building, structure, tree or landscaped
area, or any park or recreational facility.
(2)
Permit any person, group, organization or legal entity to donate
a building, structure, tree or landscaped area in any park or recreational
facility, and to commemorate the donation with a plaque or monument
recognizing the donor.
A.
Permits required.
(1)
A permit shall be required under this chapter prior to and as a condition
of any person, party, firm or corporation undertaking any of the following
activities:
(a)
Hold any assembly or gathering of 250 or more persons.
(b)
Engage in organized athletic competition or team sports.
(c)
Reserve any picnic area for a certain date and time.
(d)
Sell food, beverage or any other product or service.
(e)
Possess fermented malt beverages.
(f)
Perform any act otherwise prohibited.
(g)
Play amplified music at a volume that annoys or disturbs a person
of ordinary sensibility.
(2)
The failure to obtain such permit shall be deemed a violation of
this chapter.
B.
Application. Application for any permit above provided shall be made
to the Clerk-Treasurer in writing and accompanied by the required
fee. Such application shall be fully completed on City forms and shall
define the activity desired to be engaged in the parks or park area
where the activity will be performed, the estimated attendance and
other relevant information requested on the application form which
is reasonably necessary to a fair determination as to whether the
permit should be issued. The Common Council shall, from time to time,
establish a written policy for the minimum and maximum time for submitting
applications for activities subject to a permit on an activity-by-activity
basis.
C.
Permit fees. Permit fees shall be as established by the Common Council,
and kept on file in the Clerk-Treasurer's Office.
D.
Leases and concessions. Leases and concession agreements shall be
subject to bids, requests for proposals or negotiated terms and conditions,
reduced to a contract, reviewed and approved by the City Attorney
as to form, and approved by the Common Council.
E.
Permitting authority.
(1)
Common Council. The Common Council shall be responsible for granting
leases, concession agreements; permits for a gathering of 250 or more
persons, for special events involving the sale or consumption of fermented
malt beverages, and for determination of fees and charges.
(2)
City Clerk-Treasurer. The Clerk-Treasurer may grant any other permit
or allow any activity authorized by this chapter, subject to a monthly
report of permits being filed with, and subject to the payment of
fees and charges authorized by, the Common Council. The decision of
any of the above may be appealed to the Common Council.
F.
Standards for permit issuance. The permitting authority shall consider
the following standards for permit issuance and grant a permit only
upon finding that:
(1)
The activity or use shall be in compliance with applicable federal,
state, county and City laws, rules and regulations.
(2)
The activity or use will not create an unreasonable risk of loss
of life, personal injury or property loss or damage or otherwise threaten
the public health, safety or welfare.
(3)
The activity or use will not unreasonably interfere with the use
of the park by the general public.
(4)
The activity or use will not entail an unusual, extraordinary or
burdensome expense to the City which is not recovered in the permit
fees or charges.
(5)
The area which is the subject of the application is not reserved
for another use or party at the day and hour for which requested.
(6)
The area requested is an area designated by the Common Council for
the type of use requested and is otherwise available for use.
(7)
Other considerations.
(a)
Applications, where timely filed, shall be considered in order
of priority determined by the permitting authority, with due consideration
for the need to distribute scarce resources on an equitable basis.
(b)
A permit shall not be denied where the activity constitutes
free speech or right of assembly protected by the United States or
Wisconsin Constitution, provided the above standards can be met.
(c)
The Common Council shall retain the right to reserve any park
or area for any civic function or City-sponsored event.
[Amended 4-14-2015 by Ord. No. 233]
(8)
Whenever
a permit application is denied, a statement of the reason(s) for denial
shall be provided to the applicant in writing.
G.
Permit conditions. The permitting authority shall have the right
to impose reasonable permit conditions, including, but not limited
to, the following:
(1)
Compliance with applicable federal, state, county and City laws,
rules and regulations.
(2)
Compliance with this chapter.
(3)
Execution of indemnity and hold harmless agreement.
(4)
Post a bond or other assurance to guarantee compliance with permit
terms and conditions.
(5)
Provide private security for traffic, parking and/or crowd control.
(6)
Hold the City harmless from damage to its property.
(7)
Clean up area immediately following use.
(8)
Inspect the park area immediately prior to park use to determine
whether or not the area is suitable and safe for such use. If such
inspection reveals that such park area is not suitable and safe for
the intended use, the area shall not be used until the area is made
suitable for such use.
(9)
Report unsafe conditions in the park area to the Police Department
as soon as practicable.
(10)
Warn all persons using the park area under authority of the
park use agreement of any unsafe conditions which may exist or portions
of park area which are not suitable for use.
(11)
Supervise all persons using the park area under authority of
the park use agreement.
(12)
Reimbursement to the City of costs incurred in enforcing permit
forms and conditions.
(13)
Procure and maintain one or more liability insurance policies
written by one or more insurance companies licensed to do business
in the state, which contain an endorsement of contractual liability,
and which covers death, personal injury and property damage in the
following amounts:
(a)
Class I risk. $1,000,000 for events and activities which involve
a moderate risk, a noncommercial activity, and/or a gathering of less
than 500 persons.
(b)
Class II risk. $1,000,000 for events and activities which involve
a moderate liability risk or a commercial activity, or a gathering
of more than 500 persons.
(c)
Class III risk. Over $1,000,000, as determined by the Public
Property and Health Committee, for events and activities which involve
a high liability risk, specifically including, but not limited to,
circuses and carnivals.
[Amended 4-14-2015 by Ord. No. 233]
(14)
Procure any other license or permit required for activity, such
as a food permit or Special Class "B" License.
H.
Revocation, nonrenewable and suspension of permits. The permitting
authority may authorize and, for just cause, suspend, revoke, or not
renew any permit herein provided, after serving upon such party written
notice of the charges forming a basis for the proposed penalty, in
the same manner as that for the service of a summons in a civil action.
Said notice shall provide for a hearing upon a written request therefor
being filed with the Clerk-Treasurer within 10 days of service. Absent
a timely request for a hearing, the permitting authority shall administratively
impose the penalty set forth in said notice. The judgment of conviction
of any permittee in any City, state or federal court, irrespective
of whether obtained following trial, plea agreement, or bond forfeiture,
shall be prima facie proof of said violation for purposes of this
chapter. However, in the instance of any judgment of conviction entered
pursuant to a no contest plea, or considered in law to be rendered
pursuant to a no contest plea, said judgment of conviction as a prima
facie case may be rebutted. Further, mitigating circumstances may
be introduced with respect to any judgment of conviction.
[Amended 4-14-2015 by Ord. No. 233]
I.
Time limits. The following time limits shall apply in the application
of this section:
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-3 of the Code of the City of Markesan. Furthermore, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property.
