A.
Purpose. In order to protect the parks, parkways, recreational
facilities and conservancy areas within the City from injury, damage
or desecration, these regulations are enacted.
B.
Park. The term "park" as hereinafter 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.
A.
Specific regulations.
1.
Littering and dumping prohibited. No person shall litter,
dump or deposit any rubbish, refuse, earth or other material in any
park. No person shall dispose of trash not generated incidental to
park usage in a dumpster or other refuse container located in or upon
park property unless specific written authority is first obtained
from the Parks and Recreation Director.
2.
Sound devices. No person shall operate or play any amplifying
system after 9:00 p.m. unless specific authority is first obtained
from the Parks, Recreation and Library Board.
3.
Bill/flyer 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 any park, except
park regulations and other signs authorized by the Parks and Recreation
Director or their designee.
4.
Removal of park equipment prohibited. No person shall
remove benches, seats, tables or other park equipment from any park.
5.
Trapping. No person shall trap in any park unless specific
written authority is first obtained from the Parks, Recreation and
Library Board.
6.
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.
7.
Protection of park property. No person shall kill, injure
or disturb or attempt to injure or disturb waterfowl, birds or animals,
wild or domestic, within any park, except as permitted by this chapter.
No person shall climb any tree or remove flowers, break, cut down,
trample upon, remove or in any manner injure, deface, write upon or
ill use any tree, shrub, flower, flower bed, turf, soil, sand, fountain,
ornament, building, structure, apparatus, bench, table, official notice,
sign or other property within any park. Edible fruits, edible nuts,
wild mushrooms, wild asparagus, and watercress may be sustainably
harvested by hand for the purpose of personal consumption by the collector.
The collection of seeds from herbaceous plants such as grasses and
wildflowers is not allowed without written authorization from the
Parks, Recreation and Library Board.
8.
Motorized vehicles and snowmobiles. Except for authorized
maintenance vehicles, no person shall operate an unlicensed or licensed
motorized vehicle or snowmobile 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 Parks, Recreation
and Library Board authorization for shows, rides or exhibits, and
then only for the purpose of loading and unloading.
9.
Glass beverage bottles in parks prohibited. No person
shall bring into, carry onto or possess while in any public park glass
bottles or glass containers, including those containing or normally
used for containing soda water, fermented malt beverages or alcohol.
10.
Reckless driving in parks prohibited. No person
shall operate a motor vehicle in a reckless manner in any of the public
parks of the City.
11.
Parking in parks. No person shall park any motor
vehicle in any park in the City except in a designated parking area.
No overnight shall be allowed in any public park, including the OMNI
Center, without approval of the Parks and Recreation Director or their
designee.
12.
Horse and carriages. No person shall ride a horse
or drive a horse-driven vehicle in any park, except on roads or designated
bridle paths, and where approval of the Parks and Recreation Director
is first obtained. It shall be unlawful for any person to ride a horse
or drive a horse-driven vehicle in a careless, negligent or reckless
manner which may endanger the safety and well-being of others.
13.
Removing tree protectors. No person shall remove
any device for the protection of trees or shrubs.
14.
Golfing and sporting activities. No golfing or
practicing golf in City parks or recreation areas shall be allowed,
unless specific written authority is first obtained from the Parks
and Recreation Director or Parks, Recreation and Library Board.
15.
Arrows. No person shall use or shoot any bow and
arrow in any City park except as may be allowed as part of a managed
hunt through the Onalaska Urban Deer Management Program.
16.
Fees and charges. The Common Council, upon the
recommendation of the Parks, Recreation and Library Board, shall have
the authority to establish such fees as deemed necessary for use of
any park facility, shelter or land area. It shall be unlawful to use
such areas without payment of such fee or charge when required.
17.
Pets.
a.
No person shall permit any dog, cat or other pet owned by, or
under the care or control of them to run at large in any park, except
that dogs are permitted in designated dog exercise areas. Pets shall
be allowed on leash, no longer than six feet, or in a stroller or
bag/carrier made for the purposes of carrying pets, on trails and
pathways only. All pet waste must be picked up and disposed of off
park property. Bags, scoops or other appropriate implements for the
removal of pet waste must be carried by any person, bringing a pet
onto park property.
b.
No person in any park shall train or exhibit animals without
written approval by the Parks and Recreation Director.
c.
Owners of any pet or animal whether legally or illegally in
any park are responsible for the immediate removal and disposal of
fecal matter deposited by the animal.
d.
Service dogs assisting persons with disabilities and which are
controlled by the use of a harness or other restraint are exempt from
this section.
18.
Firearms; hunting. Discharging of any firearm or
weapon is prohibited in all City parks. A person who complies with
state law regarding the possession of firearms may have in their possession
or under their control a firearm in City parks unless there is a special
event as defined by § 943(1e)(h), Wis. Stats., and the person
has been notified not to enter or remain at the special event in the
City park while carrying a firearm.
19.
Fish cleaning. Cleaning of fish in shelters, toilet
facilities or picnic areas is prohibited in all City parks.
21.
Camping. Overnight camping is not permitted in
any City park. Notwithstanding this prohibition, however, the Parks
and Recreation Director or their designee may permit individual persons
or groups of persons having a common purpose to remain in one or more
designated area(s) of a park for some or all of the hours between
11:00 p.m. and 6:00 a.m., during recognized special events open to
the general public, such as, but not limited to, fishing tournaments,
farmer's markets and/or craft markets and shows, subject to the
terms and conditions which the City deems necessary and/or desirable.
22.
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 Parks,
Recreation and Library Board and no such installation, repair or construction
shall commence without the written permission therefor from the Board.
All public works, including construction and installation of power
lines, hydrants, sewers and the like shall be commenced only after
notice to the Board of the City's intention so to do. Where practicable,
such construction and installation shall be performed pursuant to
recommendations by the Board.
23.
Tennis and pickle ball courts. It shall be unlawful
for any person to operate, ride or use a skateboard, bicycle, tricycle
or other similar device, or roller skates or rollerblades on any public
tennis or pickle ball courts.
24.
Swimming or bathing.
a.
No person shall swim or bathe in any lake, river, lagoon, beach
or public swimming pool under the jurisdiction of the City Parks and
Recreation Department except at such places and at such times as the
Parks, Recreation and Library Board may direct.
b.
No person shall swim or bathe in any detention or retention
pond under the jurisdiction of the City.
25.
Bicycles, electric personal assistive mobility, electric
scooters and motor bicycles. Bicycles, electric personal assistive
mobility devices, electric scooters and motor bicycles shall be defined
as set forth in § 340.01, Wis. Stats., and may be ridden
on trails and pathways only. Motor bicycles shall not be operated
with the motor in use. The Parks, Recreation and Library Board may
designate certain trails or pathways as off limits for bicycles, electric
personal assistive mobility devices, electric scooters and motor bicycles
and no person shall ride a bicycle or any such vehicle on such trails
or pathways. Bicycles, electric personal assistive mobility devices,
electric scooters and motor bicycles shall be parked only in areas
so designated. Electric personal assistive mobility devices, electric
scooters and motor bicycles are prohibited within the Onalaska Skate
Park. Any person with a disability that limits or impairs the ability
to walk as defined in § 340.01(43g), Wis. Stats., is exempt
from this section. (Statutory
reference: §§ 340.01, 349.23 and 349.237, Wis. Stats.)
26.
Smoking prohibited. Smoking is prohibited in specified
outdoor areas. No person may smoke in the following areas of a City
park or outdoor areas of City property:
a.
Playgrounds;
b.
Sports fields and sports field seating areas;
c.
Swimming pools and inside the fenced area of all swimming pools;
d.
Onalaska Skate Park;
e.
Within 50 feet of the areas listed in Subsection A.26.a. through
d. above;
f.
Within the fenced area of tennis or pickle ball courts;
g.
Those park areas posted as no smoking by the Parks and Recreation
Director or their designee;
h.
Those areas posted "no smoking" during an approved special event
held in such park and which is open to the public with no admission
charge and for which no smoking has been requested by the event permit
holder;
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Upon written request of a special event applicant, the prohibition
of this section may be waived by the Parks, Recreation and Library
Board and Common Council for specified designated areas for those
events where admission is restricted by the event organizer through
the sale of tickets. A request for a waiver must be submitted at least
60 days in advance of the event. Signs prohibiting smoking in designated
outdoor areas shall be of sufficient size and placed so that the general
public has reasonable notice of the prohibition.
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A.
No person shall launch or land a drone, radio-controlled model airplane
or helicopter in any park in the City except as authorized by the
Parks and Recreation Director. City of Onalaska employee(s) may launch
or land a drone in a City park with the approval of the Parks and
Recreation Director.
A.
Except as authorized by the Parks, Recreation and Library Board,
no person shall dig into the turf of any City-owned property for any
purposes whatsoever or remove any trees or flowers.
A.
Park hours. Subject to certain exceptions listed below,
all City parks shall be closed from 11:00 p.m. to 6:00 a.m. Persons
launching or transporting watercraft from park property may do so
only within park hours.
B.
Exceptions to closing hours. A person driving through
a park on a public road; however, stopping shall not be permitted
within a park. The Common Council may modify closing hours for particular
events.
C.
Park closing and opening dates. The Parks, Recreation
and Library Board will have full authority to open and close any park,
beach, facility or area because of season, condition, construction
or when, in the interest of public safety, it is deemed necessary.
A.
Definition. An "ultra-light aircraft, vehicle or hang
glider" is an unpowered or powered aircraft which is not subject to
extensive regulation by the Federal Aviation Administration by virtue
of its characteristics and which is defined as an ultra-light vehicle
by 14 CFR 103.1 and which is defined as an ultra-light aircraft by
§ 114.195, Wis. Stats.
B.
Regulations regarding use.
1.
No person shall operate any ultra-light aircraft within the City
in such a manner or in such a location as to endanger or injure any
person or property. No person shall operate an ultra-light aircraft
in the City in violation of any applicable state and federal regulations
and standards. No person shall cause an ultra-light aircraft to land
or to take off from any property without permission of the owner or
occupant of said property, provided that an emergency landing may
be made to prevent a catastrophe. In the case of landing or taking
off from a City public park or other City property, the operator of
such ultra-light aircraft shall first obtain a permit from the Parks,
Recreation and Library Board. No fee shall be charged by the Board
for such permit which may be issued for a period up to 30 days, nor
shall the Board sponsor such activity.
2.
Any person desiring to land or to take off from any property owned
by the City of Onalaska shall, prior to receiving a permit, procure
evidence of insurance providing for not less than $1,000,000 of coverage
for each occurrence for damage to property or personal injury. Evidence
of such insurance shall include a certificate of insurance naming
the City of Onalaska as an additional insured, and said certificate
shall be filed with the City Clerk at the time the applicant seeks
a permit.
A.
Policy on reservation. The City-owned parks 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.
B.
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 application filed with the Parks and Recreation
Department for a permit for exclusive use of the same, provided all
of the requirements on the application have been met and the appropriate
fee has been paid.
C.
Fee and deposit. The Common Council shall establish
a schedule of fees for park space and shelter use. In addition to
any required fee, all applicants for reservation or use of park space
or shelters for which a permit is required shall also be required
to pay a deposit as set forth on the City's Fee Schedule to insure
compliance with the permit's terms and to pay for the City's
maintenance and cleanup expenses. Applications for reservations or
use of park space or shelters shall not be accepted unless accompanied
by the nonrefundable park fee and a signed agreement for such reservation
and/or use. The deposit can be paid at the time of the reservation
or when the key is picked up prior to the rental and shall be returned
after the use if cleanup or repair by the City is not required and
if all terms of the permit have been fully complied with. Keys are
available for pickup at the Parks and Recreation Department one or
two day(s) prior to the event. Weekend rentals should pick up on Thursday
or Friday prior to the event.
D.
Reasons for denial. Applicants may be denied for any
of the following reasons:
1.
If it is for a use which would involve a violation of federal or
state law or any provision of this chapter.
2.
If the granting of the permit would conflict with another permit
already granted or for which application is already pending.
3.
If the applicant does not fully complete the application.
4.
The application is made less than the required days in advance of
the scheduled exclusive use.
5.
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.
6.
If the law enforcement requirements of the exclusive use will require
so large a number of persons as to prevent adequate law enforcement
to the park, park facility or shelter area involved or of the rest
of the City.
7.
The exclusive use will reasonably create a substantial risk of injury
to persons or damage to property.
8.
The exclusive use is so poorly organized that participants are likely
to engage in aggressive or destructive activity.
E.
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 an amount depending
upon the likelihood of injury or damage as a direct and proximate
result of the exclusive use sufficient to indemnify the City and such
third parties as may be injured or damaged thereby, caused by the
permittee, its agents or participants.
F.
Permit not required for City activity. A permit is not
required for exclusive use of the park or a park facility sponsored
by the City.
G.
Permit revocation. The Common Council, Parks, Recreation
and Library Board, Parks and Recreation Director and/or the Chief
of Police or their designee(s) after granting a permit may revoke
a permit already issued if it is deemed that the terms of the permit
are not being complied with, or that such action is justified by an
actual or potential emergency due to weather, fire, riot, health emergency,
catastrophe or by a major change in the condition forming the basis
of the permit.
H.
Form of permit. Each permit shall be in a form prescribed
by the Parks and Recreation Department 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.
I.
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 Titles 7 and 11 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.
J.
Violation of terms of permit. It shall be unlawful for
any person, organization or other entity to which a permit is issued
for a specific park, park area or shelter to use or occupy a park,
park area or shelter other than that for which the permit is issued.
Any person, organization, or other entity violating this section shall
be subject to immediate revocation of their permit and removal from
the park, park area or shelter, forfeiture of the deposit paid, together
with forfeiture as provided in Title 1 of the Code of Ordinances.
A.
Any person who shall violate a provision of this division shall,
upon conviction shall be subject to a penalty of not more than $1,000
per offense, and in addition, shall pay the costs and expense of prosecution.
Failure to promptly pay such forfeiture shall subject the violator
to be sentenced to the county jail for a period not to exceed 60 days.
