City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Ch. 19 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parks, Recreation and Forestry Commission — See Ch. 6, § 6-5.

§ 184-1 Purpose.

The purpose of this chapter is to protect in the city the parks and parkways and appurtenances thereto from fire, abuse and desecration; to provide for the recreational use of these areas; to control and regulate traffic and maintain general order therein; and to further the safety, health, comfort, morals and welfare of all persons while within the limits of the parks and parkways.

§ 184-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMISSION
The New Berlin Parks, Buildings and Grounds Commission.
[Amended 6-22-2004 by Ord. No. 2238; 11-10-2015 by Ord. No. 2555]
PARK; PARKWAY
Unless otherwise stated, shall include the grounds, buildings thereon, waters therein, and any other property which is now or may hereafter be under the control or jurisdiction of the New Berlin Parks, Buildings and Grounds Commission.
[Amended 6-22-2004 by Ord. No. 2238; 11-10-2015 by Ord. No. 2555]
PERSON
Includes any individual, firm, partnership, corporation and association of persons, and the singular number shall include the plural.

§ 184-3 Park regulations.

A. 
Hours when parks are open. Except for vehicular traffic moving upon or through streets or roadways through a park, and except when the Commission publishes general permission to use all or certain parks or parkways upon summer nights, and except for scheduled sports leagues and community events, the parks and parkways, which the exception of Malone Park, shall be closed at 9:00 p.m., with Malone Park being closed at 11:00 p.m. The parks shall remained closed from said times until sunrise the following morning and no person shall remain therein during said hours, provided the Commission may from time to time, in all or any of the parks or parkways, publish or post closing hours different from the above or discontinue closing hours as in the judgment of the Commission may appear reasonable and necessary.
[Amended 8-2-2011 by Ord. No. 2470]
B. 
Closing park and parkway facilities to the public. In case of an emergency or when in the judgment of the Commission the public interest demands it, any portion of the parks or parkways or buildings therein may be closed to the public, or to designated persons, until permission is given to return.
C. 
Interference with park employees. No person shall interfere with any employee of the Commission, nor any employee of a contractor while engaged in constructing, repairing, or caring for any portion of the parks or parkways, or while in the discharge of the duties conferred by this chapter.
D. 
Beverages in parks.
[Amended 8-27-2002 by Ord. No. 2184]
(1) 
No person shall bring into or drink any intoxicating liquor or fermented malt beverage in any park or parkway except in such areas as designated by the Commission, and then only by written permission of the Commission, except if purchased from a park concession stand or other picnic permit stand or clubhouse properly licensed by Council or its designee.
(2) 
Any individual or group wishing to sell or dispense fermented malt beverages in any park or parkway may do so only in designated areas upon permit granted by the Commission and the Council or the Council's designee.
(3) 
No person shall possess any beverage in a glass container in any park or parkway at any time.
(4) 
Officers and employees of the City of New Berlin are authorized to sell fermented malt beverages at any public park operated by the City as authorized by the City of New Berlin Parks, Buildings and Grounds Commission pursuant to Wisconsin Statute § 125.06(6). No fermented malt beverages may be sold pursuant to this subsection unless a person holding a duly authorized operator’s permit issued by the City of New Berlin is present and supervising the sale of said fermented malt beverages.
[Added 5-10-2011 by Ord. No. 2455; 11-10-2015 by Ord. No. 2555]
E. 
Disorderly conduct.
(1) 
No person shall use threatening, abusive, insulting, obscene, indecent language or conduct himself in a manner which constitutes a breach of the peace.
(2) 
No person violating Subsection E(1) shall be allowed to remain in any park or parkway.
F. 
Smoking; when prohibited.
(1) 
No person shall smoke or hold a lighted cigarette, cigar or pipe in any building, or section of a building, or in any park or parkway area when officially posted notices so prohibit.
(2) 
No person shall throw or drop a lighted cigar or cigarette stub or empty a lighted pipe from an automobile moving along a parkway drive.
G. 
Care of waste.
(1) 
No person shall deposit any dirt, sand, building materials, refuse, garbage, dead flowers or other rubbish in any portion of the parks or parkways, except in the receptacles provided for that purpose, except with written permission of the Commission.
(2) 
Any person who breaks a bottle or other glassware in any park or parkway shall immediately pick up the broken pieces and remove same to a park waste container.
H. 
Radios, televisions; loudness prohibited. Auto and portable radios and television sets must be turned low at all times so as not to be heard from a distance beyond 20 feet from the instrument. No portable radio or television set shall be operated within any building unless specifically permitted in connection with a public gathering or a temporary exclusive use upon permit granted by the Commission.

§ 184-4 Permit required for public meetings.

All public meetings, assemblies or public discussion on any subject are prohibited within any park or parkway, except upon written permit of the Commission and in areas designated as assembly areas by the Commission.

§ 184-5 Permit required for parade or procession.

No military or other parade or procession or funeral shall take place in or pass through any park or parkway except upon written permit of the Commission.

§ 184-6 Permit required for speeches, music and use of amplifying equipment.

No person shall make any public speech or use any loudspeaker or other amplifying equipment or publicly play any music on any musical instrument in any park or parkway without the written permit of the Commission.

§ 184-7 Permit required for services and demonstrations.

A. 
No service or demonstration by an organization, creed, or sect, excepting only nondenominational or interdenominational Easter Sunday services, shall be allowed within any park or parkway, except upon written permit and in those areas designated by the Commission as assembly areas. This shall not forbid the offering of an invocation prayer or hymn in connection with church picnics or other similar gatherings.
B. 
No speech shall be delivered by any person for political purposes or in connection with sale of any article or which shall constitute a public criticism or abuse of any religious organization or representative thereof.

§ 184-8 Permit required for advertising and sales.

A. 
No person shall sell or offer for sale any personal property or solicit for any business or for alms within any park or parkway, except upon written permit of the Commission, and permit issued by the Council pursuant to Chapter 152, Licenses and Permits, of this Code, if required.
B. 
No person shall distribute, post, affix or display any card, handbill, sign, placard, target, banner, flag (except that of the United States), or advertisement within any park or parkway, or upon any of the gates or enclosures thereof without the written permit of the Commission. "Distribute" includes the scattering of printed matter from aircraft.

§ 184-9 Games and amusements in designated areas; gambling prohibited.

A. 
No person shall engage in any sport, game, race or amusement in any park or parkway except upon such portions thereof as may be designated for that purpose, and then only under such rules and regulations as may be established by the Commission.
B. 
No person shall tell fortunes or gamble or maintain or exhibit any gambling table or other instrument of gambling or gaming.

§ 184-10 Interference with permittees prohibited.

A. 
No person shall interfere with any person or party holding written permit as indicated above, nor with any of their equipment or property.
B. 
Permits for the exclusive use of any picnic or play area for any specified date or time may be granted at the discretion of the Commission, and no person shall interfere with any person or party occupying the ground under such a permit, nor with any of his equipment or property.

§ 184-11 Use of firearms and fireworks; hunting with bow, arrow or crossbow; trapping prohibited.

[Amended 8-25-2009 by Ord. No. 2415; 1-14-2014 by Ord. No. 2516; 4-26-2016 by Ord. No. 2564; 5-24-2016 by Ord. No. 2567]
With the exception of the City Fourth of July Festival fireworks display at Malone Park, no fireworks are permitted to be discharged in any City park. In addition, no person shall discharge any firearm in any park or parkway. No person shall engage in any trapping, nor shall any person hunt with any bow and arrow or crossbow within any park or parkway. “Firearm” includes any air gun.

§ 184-12 Throwing of stones or missiles.

No person shall throw stones or missiles in or into any park or parkway.

§ 184-13 Making of fires.

A. 
No person shall make or kindle a fire except in places provided therefor, and then subject to such regulations as may be prescribed.
B. 
The use of charcoal burners in designated picnic areas shall be permitted, provided lawns and other vegetation are not damaged and provided further that all unburned coals or ash are disposed of in such manner as to prevent fire or damage to any park property.

§ 184-14 Animals in parks and parkways.

A. 
Animals not allowed; exceptions. No animal except those placed in the park or parkways by the authority of the Commission, excepting horses when saddled or harnessed and in use for riding or pleasure driving only on roadways or paths duly designated, and except dogs on leash as regulated by Subsection B hereof, shall be conducted into or driven within the parks or parkways or be allowed to remain therein.
B. 
Dogs on leash; when excluded. No person having the control or care of a dog shall permit such dog to enter or remain in a public park or parkway unless it is led by a leash of suitable strength not more than six feet in length and then only within such areas in parks as have been designated by order of the Commission. The Commission shall cause signs to be posted in areas wherein dogs are not permitted.

§ 184-15 Protection of park property; use and abuse of equipment.

A. 
Fish, waterfowl, game birds.
(1) 
No person shall take or attempt to take any fish from, or send or throw any animal or thing into or upon, any of the waters of the parks or parkways; or kill, injure or attempt to injure or unnecessarily disturb the fish in such waters, except with permission of the Commission.
(2) 
No one shall kill, injure or attempt to injure or unnecessarily disturb any waterfowl or other birds or animals, wild or domestic, within any of the parks or parkways; nor shall any person rob or disturb the nest or eggs of any bird or other animal therein.
B. 
Injury to vegetation, structures and equipment.
(1) 
No person shall damage any vegetation, structure or other property within any park or parkway.
(2) 
No person in any park or parkway shall remove any device for the protection of trees or shrubs; nor shall any person fasten a horse or other animal next to any tree, shrub or grass plot which may become damaged by the action of the animal.
C. 
Removal of ice or sand prohibited. No person shall take ice from any stream or lake within any park or parkway nor remove any sand therefrom or from the shores thereof without a written permit from the Commission.
D. 
Aircraft, ultralight and parachuting use prohibited. No person shall ascend or land with any aircraft, glider, ultralight or any parachute in any park or parkway without the written permission of the Commission. No person shall, with any aircraft, glider, ultralight or parachute, violate any Federal Aviation Administration (FAA) regulations in any public property. Violations will be forwarded to the Federal Aviation Administration for enforcement.
E. 
Sleeping and camping regulated.
(1) 
No person shall lie down upon any bench or table in any park or parkway, or hang, occupy or use any hammock, except those used for placing infants therein.
(2) 
No person shall sleep, camp or lodge in any park or parkway except in such places as designated for such purposes as overnight, tourist, trailer camps or camp sites, and then only subject to the rules and regulations of the Commission governing the use of such areas.
F. 
Erection of structures prohibited. No person or group shall erect any structure, temporary or permanent, without a permit from the Commission.

§ 184-16 Public utilities and private construction.

A. 
Location and installation of utility fixtures. The location of utilities within any park or parkway shall be subject to the jurisdiction and control of the Commission, and their construction, erection, repair or relocation shall be undertaken only after written permission is received from said Commission and approved by the Council.
B. 
Private drives and walks, design and installation.
(1) 
No curb, whether stone, concrete or grass, shall be cut for the purpose of constructing a private driveway across any parkway border or for any other purpose, without written permission of the Commission.
(2) 
The location, width, grade, and construction of all paths, driveways and roadways across any sidewalk border along any parkway shall be subject to the approval of, and constructed only after written permission therefor is obtained from, the Commission.
(3) 
Any person who receives a permit to open a trench, to cut a curb, or to deposit materials in or upon any park or parkway shall at all times after such work has been commenced or materials deposited, and until the same has been completed, and until all accumulations of materials resulting from such work have been removed, so guard and protect the same that persons driving or passing along the roadway or sidewalk or in the vicinity of the place where the work is being done, shall not be likely to meet with any accident therefrom; and he shall also during the time from sunset to sunrise, each night while said work is in progress, cause the same to be securely fenced and guarded by a red light or lights placed in a conspicuous position, and so secured that the same shall not be extinguished.

§ 184-17 Traffic regulations.

A. 
Regular drives and parking areas. No person shall drive any vehicle of traffic or burden upon any part of the parks or parkways except the proper drives and parking areas, or permit the same to stand upon the drives or any part thereof so as to congest traffic or obstruct the drive.
B. 
Vehicles for hire. No person shall cause any vehicle for hire to stand upon any part of the parks or parkways for the purpose of soliciting or taking in passengers or persons other than those carried to the parks or parkways by said vehicle, unless licensed by the Commission.
C. 
Vehicles prohibited. No person shall cause any bus with or without passengers, or any cart, dray, wagon, truck, trailer or other vehicle carrying goods, merchandise, manure, soil, or any other articles, or solely in use for the carriage of goods, merchandise, manure, or other article, to enter or be driven in any part of the parks or parkways. This section shall not apply to vehicles engaged in the construction, maintenance, or operation of the parks or parkways, to vehicles making deliveries to the parks or parkways, or to buses under permit of the Commission.
D. 
Traffic codes. Every person operating a vehicle of traffic or burden within City-owned property shall comply with state, county and municipal traffic codes and with all orders, directions, and regulations of traffic officers, or officially displayed on any post, standard, sign, or device installed for the regulation of traffic.
[Amended 7-12-2011 by Ord. No. 2468]
E. 
Speed of vehicles. The Commission shall cause signs to be erected indicating speed limits on roads and drives. Where no such signs are posted the speed shall in no case be greater than 25 miles per hour.
F. 
Traffic controls. The Commission shall cause to be erected such other traffic control signs as are necessary for the proper regulation and safe movement of vehicles, pedestrians, and equestrians.
G. 
Parking regulations. Vehicles normally shall be parked in designated parking areas. Parking along roads and drives may be controlled by appropriate signs.

§ 184-18 Regulation of bicycle riders.

[Amended 3-13-2007 by Ord. No. 2343]
Riders of bicycles shall comply with the rules for the regulation of other vehicles, as stated in § 184-17, and the following regulations:
A. 
General rules of operation for bicycle riders.
(1) 
Bicycle riders shall be allowed to ride their bicycles on sidewalks/sidepaths within the City of New Berlin unless there is a designated on-street bike lane that runs parallel to the sidewalk/sidepath, or an official traffic sign that indicates otherwise;
(2) 
Children riding small bicycles, with wheels less than 20 inches in diameter, should use the sidewalks/sidepaths for riding at all times;
(3) 
Under normal riding circumstances, riders shall proceed in the extreme right-hand lane or on the right side of a sidewalk/sidepath at all times in single file only except when reasonably necessary to avoid unsafe conditions, including fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards or substandard-width lanes that make it unsafe to ride along the right-hand edge or curb.
(4) 
Riding crosswise erratically, to and fro is strictly prohibited;
(5) 
Bicycle riders shall abide by all traffic rules and regulations;
(6) 
Bicycle riders shall always yield to pedestrian traffic;
(7) 
If a bicycle rider needs to stop for any reason, other than obeying an official traffic control device, they shall pull off the sidewalk/sidepath or designated bike lane so as to not block the flow of traffic;
(8) 
When riding in the roadway, bicycle riders shall move in the same direction as road traffic unless a contraflow facility has been provided and marked with the proper traffic control devices;
(9) 
No bicycle rider shall carry a passenger unless both riders have designated seats;
(10) 
No rider shall ride recklessly in any other manner;
(11) 
A bicycle shall not be towed by a rope or otherwise, nor shall any rider hold onto any moving vehicle for the purpose of being drawn along;
(12) 
Wherever possible, bicycles shall be parked in places provided for such purpose.
B. 
Night operation.
(1) 
Bicycle riders shall attach and use bicycle lighting no later than 30 minutes after sunset;
(2) 
A white light that is visible from at least 500 feet in front shall be used on the front of the bicycle;
(3) 
A red light or red reflector that can also be visible from at least 500 feet shall be used on the rear of the bicycle.

§ 184-19 Horseback riding regulations.

Horseback riders shall comply with the following:
A. 
No person shall ride horseback in any park or parkway except upon designated roadways and bridle paths.
B. 
No person shall ride horseback in any park or parkway after dark or before daybreak.
C. 
No person shall ride or drive a horse which cannot be held under such control that it may be easily turned or stopped.
D. 
No person shall ride or drive a horse in a reckless manner.
E. 
Pedestrians shall have the right of way when crossing a bridle path, and whenever groups of people are visible within 300 feet horses shall be ridden at slow gaits.
F. 
Every rider shall comply with all Commission rules and signs along the bridle paths.

§ 184-20 Bathing and swimming regulations.

Bathers and swimmers shall comply with the following:
A. 
No person shall wade, bathe, or swim within a park or parkway except at pools or beaches designated for that purpose by the Commission.
B. 
No person shall wade, bathe, swim in, or attend any such pool or beach without proper bathing attire.
C. 
No person dressed in bathing costume shall be permitted in the parks or parkways except in such areas as are designated for bathers by the Commission.
D. 
No person shall take any tin cans, bottles or glassware of any kind, except eye glasses, into an area designated as a beach or pool for bathers by the Commission.
E. 
Any other rules and regulations which may be posted at beaches, pools or in bathhouses or other buildings.

§ 184-21 Boat launching and docking regulations.

A. 
No person shall launch or dock any boat or other watercraft except at locations or facilities provided and designated for that purpose by the Commission.
B. 
No person shall launch or dock any boat or other watercraft except at such times as are designated by the Commission.
C. 
No person shall store or leave unattended overnight any boat or other watercraft without the written permission of the Commission.
D. 
All persons using the boating facilities of the park system shall comply with all posted regulations of the Commission.

§ 184-22 Administration.

A. 
Permits. All permits shall be issued by a duly authorized employee of the Commission in writing and subject to park rules and regulations. Any person to whom a permit has been granted shall be bound by such rules and regulations as fully as though the same were inserted in said permits, and any person to whom such permits have been granted shall be liable for any loss, damage, or injury sustained by the Commission or by any person by reason of the negligence of the person or persons to whom such permits have been granted, their servants or agents.
B. 
Leasing of equipment. The Commission may lease equipment suitable for recreational purposes to private or public organizations upon such terms as it may determine, provided any such lease shall contain a provision binding the lessee to save and keep the city harmless from all liability arising out of the leasing and use of such equipment, and provided further the Commission may, in its discretion, in each case require the lessee to provide public liability insurance covering the use of such equipment.
C. 
Supplementary rules. Until otherwise directed by the Council, the Commission may adopt additional or revised rules and regulations for the proper conduct and administration of the parks and parkways in the city not inconsistent with this chapter, and may perform such other acts with reference to the management of the said parks and parkways as are lawful and as it may deem expedient to promote the beauty and usefulness of said parks and parkways and to increase the comfort, safety, convenience and public welfare of the citizens of the city and of visitors to said parks and parkways in their use of the same.

§ 184-23 Enforcement; violations and penalties.

A. 
Police powers. Any peace officer of New Berlin may without a warrant arrest any offender whom he may detect in the violation of any of the provisions of this chapter, and take the person so arrested forthwith before the Municipal Judge, and he may at all times enter the premises of any building, structure, or enclosure in any park or parkway, including such grounds, building, structures, or enclosures which may be leased or set aside for private or exclusive use of any individual or group of individuals, for the purpose of arresting violators hereof, and may use all necessary means to attain that end.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Penalty. Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.