The park area located north of the former Connecticut Power
Company building between Chester Bowles Highway, also known as Route
9, on the west and the Connecticut River on the east is designated
as "Harbor Park."
A.
The City open space parks and nongated recreational areas shall be open to the public daily between sunrise and sunset. Other gated City parks and recreational areas shall be open to the general public daily between the hours of 8:00 a.m. and sunset, except that the public swimming areas shall be open as indicated in § 214-24, Public swimming. Park supervisors of the City of Middletown may close any portion of a park or recreational area and/or the use of its facilities when it appears that the capacity of the area has been filled or if for any reason the use of the same would endanger the public safety.
[Amended 2-3-2015 by Ord.
No. 09-15]
B.
Donovan Park is restricted from public use when school is in regular
session. The principal of Macdonough School or the Park Superintendent
may further restrict the hours of operation of the park, which restriction
may occur prior to, or after, normal school operating hours and/or
activities. Enforcement of this subsection shall be performed by the
Middletown Police Department.
A.
For the purposes of this section, "person" includes any individual.
B.
No person shall deface, remove, destroy and/or otherwise injure in
any manner whatsoever any structure, building, tree, flower, shrub,
fern, and/or mosses within City parks and recreation areas, nor shall
any songbirds and/or their nests be injured or disturbed at any time.
A.
Hunting and/or carrying of any firearms is prohibited in any City
park or recreational area. "Firearm" is defined in accord with C.G.S.
§ 53a-3 and any mechanism which is capable of discharging
a projectile of any type.
B.
Exceptions for the carrying of a firearm will be provided for current
police officers and retired police officers.
A.
The term "person," as used herein, means any individual, organization,
trust, foundation, group, association, partnership, corporation, society
or any combination of them, whether principal or agent.
B.
A copy of the prohibited use of alcohol rules and regulations will
be posted at all City of Middletown parks and recreation sites.
C.
The possession and/or drinking of alcoholic beverages by any person
as defined above, is prohibited on any City-owned property under the
jurisdiction of the Public Works Department of the City of Middletown.
A.
Dogs and other pets are permitted in City parks and recreational
areas on leash only and under control of their owners or keepers.
Dogs and other pets are prohibited on the City beaches and at the
City pools.
B.
Horses are prohibited in picnic areas, on the City beaches and in
the waters of the swimming areas.
A.
The riding of horses, motorcycles, bicycles, mopeds and dirt bikes
and the driving of four-wheel vehicles, snowmobiles and/or any other
type of off- or on-road vehicle(s) is prohibited on any foot trails
in any City park, City beach or athletic field, except when authorized
by the Public Works and Facilities Commission.
B.
The climbing on rock ledges in any City park or recreational area
is prohibited.
[Amended 6-1-2015 by Ord.
No. 12-15]
A.
For purposes of this section, "person" includes any individual.
B.
No person shall erect or post any notice or sign upon City park property,
on City recreational area property, on City beaches and at the City
pools except when notices or signs are authorized by the City Public
Works and Facilities Commission. Unauthorized notices or signs may
be confiscated and held by the City.
C.
Confiscated notices and signs will be held for a period of seven
(7) business days. If a confiscated notice or sign is not claimed
within seven (7) business days, it will be discarded.
D.
Any person violating any of the provisions of this section shall be fined in an amount as provided in § 214-36.
E.
Enforcement shall be performed by the City Zoning/Wetlands Officer
or the moderator at the designated polling places.
[Amended 6-1-2015 by Ord.
No. 12-15]
A.
Meetings and events may be held on City park property with the approval
of the Public Works and Facilities Commission or Public Works Department.
Meetings or events with thirty (30) or more people or at which food
will be served require approval by the Public Works and Facilities
Commission. Other meetings require only approval of the Director of
Public Works or his/her designee. No meetings or events may disturb
the tranquility of the park visitors or distract them from their enjoyment
of the park.
A.
The use of City parks, City recreational areas and City beaches for
private gain and/or commercial purposes is prohibited except where
concessionaires and vendors have the appropriate City peddler's license
and approval by the Public Works Department. Said vendor must also
have the proper insurance coverage, naming the City of Middletown
as additional insured as defined by the City of Middletown's Risk
Manager, and/or any user fees which may be applicable and payable
to the City of Middletown, Public Works Department.
B.
Any vendor who gains access to a City park, recreation area, and/or
other City park property will pay a user fee to the Public Works Department,
on a quarterly basis. The fees are not refundable, nor are they prorated.
July 1 of each year will commence the yearly quarters. User fees will
be $250 per quarter. A vendor may choose all, or one quarter for any
time of the year.
C.
The possession and/or drinking of alcoholic beverages by any person
is prohibited on any City-owned property under the jurisdiction of
the Public Works Department of the City of Middletown.
D.
Any vendor, organization, and/or business, having gained permission from the Public Works and Facilities Commission and Public Works Department, must adhere to all licensing, inspections, and fees per the City of Middletown Ordinances, Chapter 218, Peddling and Soliciting, and Chapter 166, Food and Food Products. Said vendor, organization, and/or business must comply with rules and regulations set forth in the ordinances which are under the purview of the Health Department, and the Police Department.
A.
For purposes of this section, "person" includes any individual.
B.
A person shall not leave paper, glass, garbage and/or other refuse
on the grounds, in the buildings and/or in the waters of the City
parks, City recreational areas, City beaches and/or City pools but
shall place such paper, glass, garbage and/or other refuse in the
receptacles provided therefor.
C.
Any person violating any of the provisions of this section shall
be fined in accordance with C.G.S. § 22a-226d, as amended.
D.
The recycling of bottles and cans will be disposed in the proper
recycling containers at each City of Middletown park and recreation
area. The container(s) will be provided and contents disposed of at
each site by the Public Works Department.
The Public Works and Facilities Commission will have the authority
to review the types of events using City parks, facilities, and recreational
areas and adopt and institute user fees for areas and events not incorporated
within these ordinances subject to approval by the Common Council.
A.
Disorderly conduct as defined in C.G.S. § 53a-182, intoxication,
obscene and/or indecent behavior and all forms (belligerence, harassment,
discrimination) rough play or activity creating hazards to human safety
and life are prohibited in the City parks, in the City recreational
areas, at the City beaches and at the City pools.
Picnicking shall be limited to such places as are designated
by the City Public Works and Facilities Commission.
A.
The City of Middletown Public Works Department allows picnics at
specific park sites. There are restrictions for use at these areas,
and a reservation is required.
B.
A user fee of $25 per day is required to reserve a picnic area within
the Public Works Department parks.
C.
Parks within the City of Middletown are officially closed for the
winter season. Parks close on December 1 of each year and reopen on
March 1 of each year.
D.
Persons not having a permit for the use of parks, facilities or fields
must give way at all times to permit holders.
A.
For the purposes of this section, "person" shall mean any individual,
group, or gathering of individuals for any reason.
B.
No person shall kindle and/or direct another to kindle a fire in
the City parks, in the City recreation areas or on the City beaches
without proper authorization from the Public Works and Facilities
Commission, and/or Fire, Police and Health Departments, when applicable.
When a fire is authorized by the Public Works and Facilities Commission,
no person shall set or cause to be set any fire within 25 feet of
any tree, building, flower and/or shrub or flammable material.
C.
In any areas designated by the Public Works Department and/or Public
Works and Facilities Commission as a gathering area for persons to
utilize as picnic areas, only charcoal, and/or other registered commercially
available grilling heating sources shall be used. Firewood is not
to be used in City parks and recreational areas as a viable grilling
heating source.
D.
The residue of fires, when fires are allowed by the Public Works
and Facilities Commission, shall be disposed of in receptacles or
areas designated for such purposes. All other disposal of said residue
is prohibited except as herein stated.
A.
Playing games of any type shall not interfere with any City event(s)
or programs(s) or with members of the public who have officially reserved
a site through the Public Works Department.
B.
In the event of a dispute or violation of this section, the Public
Works Department or the Middletown Police Department has the authority
to determine and settle any public disputes.
A.
For the purposes of this section, "person" shall mean any individual.
B.
Public swimming shall be allowed as designated by the Director of
Recreation and Community Services or his duly authorized designee.
C.
Public swimming shall be allowed at Crystal Lake within the buoyed
lake areas supervised by lifeguards as designated by the Director
of Recreation and Community Services or his duly authorized designee.
D.
The areas of Crystal Lake where public swimming will not be allowed
will be posted by the Public Works Department.
E.
Any person using the areas so designated or posted is subject to
the authority of the lifeguards and other proper authorities.
F.
Public swimming without a bathing suit is prohibited.
A.
The possession and use of any type of flotation device, unattached
to the swimmer's body, including but not limited to inner tubes, ring
buoys, beach balls, air mattresses or rafts, either inflatable or
of styrenefoam-type plastic construction, is prohibited in City parks
and recreation swimming areas and in City pools.
B.
The use of flotation devices approved by the United States Coast
Guard, attached to a swimmer's body, is permitted.
C.
The use of snorkels and/or face masks in any swimming area in the
City parks and recreation areas and in the City pools is prohibited.
A.
The parking of any vehicle at City parks or recreation areas or at
City beaches shall be limited to such places and such times as are
designated by signs posted by the Public Works Department.
B.
Parking of vehicles is only allowed on paved and/or gravel-based
designated areas at all City parks and recreation areas. Parking of
vehicles on sidewalks, paths, grass areas, or any other locations
not designated as a City parking area is not allowed. The Public Works
and Facilities Commission and/or the Director of Public Works or his/her
duly authorized designee, may allow temporary parking at other areas
as warranted by the Department.
A.
All posted traffic regulations, including those of designated speed,
stop signs, one-way traffic, slow signs, and do not enter, except
when directed otherwise by the proper authorities, shall be strictly
observed.
A.
Refuse, including but not limited to glass, paper and garbage, shall
not be left on the ground of the parking area of any City park or
recreation area, City pool or City beach but shall be placed in containers
provided for such purposes.
A.
No pedestrian, equestrian, operator of a motor vehicle, including
but not limited to motorcycles, dirt bikes, mopeds, and snowmobiles,
or operator of a bicycle shall travel on or along any road, trail
or path if such road, trail or path is designated as closed and proper
signs have been posted by the proper authorities.
All travel on City, park, forest and/or recreation area roads
is at the risk of the operator of the motor vehicle.
A violation of any of the provisions stated herein constitutes
sufficient cause for ejection from the City park, recreation area,
beach and/or pool, at the discretion of the proper authority. "Proper
authority" is defined as Public Works Department supervisory personnel,
and/or officers of the Police Department, and/or Fire Department,
and/or any combination thereof.
Each and every violation of the provisions stated herein shall
constitute a separate and distinct violation subject to a fine in
an amount not to exceed $500, except as otherwise stated herein.
[Amended 4-1-2019 by Ord.
No. 04-19]
A.
Field usage.
(1)
This section applies to the use of fields at Bielefield School, Donovan
Park, Hubbard Romagielli, Hubbard Barone, Lawrence School, Ron McCutchen,
Snow School, Smith Park, Country Club Road, Pat Kidney, Palmer Field,
Moody School, Spencer School, Vinal Technical High School, and Long
Hill Road.
(2)
The scheduled use of fields may be made available to the types of
organizations listed below, in the order of preference set forth below.
The assignments will be made according to the regulations and rental
fees approved by the City. The scheduling of athletic games and facilities
shall be done through the Superintendent of Parks or his/her designee.
(3)
For purposes of this section, the term "nonprofit" shall include
all teams, groups, or organizations that are tax-exempt under Section
501(c)(3) of the Internal Revenue Code because they were formed to
provide a public benefit. To qualify as a "nonprofit" herein, the
Superintendent of Parks or his/her designee may require the team,
group, or organization to provide documentation showing that it qualifies
as a tax-exempt entity.
(4)
Priorities for field usage will be granted in the following order:
(a)
First priority users. First priority users are defined as the
following: Middletown Recreation and Community Services Department,
Middletown Little League, Middletown Youth Soccer, Middletown Youth
Football and cheerleading, Ahern-Whalen, Middletown Post 75 American
Legion, Middletown Public Schools, Mercy High School, Xavier High
School, Vinal Technical High School, Adult Softball (men and women),
and Middletown Youth Lacrosse.
(b)
Second priority users. Second priority users are as follows:
locally organized nonprofit groups or teams whose membership is comprised
of 60% or more of Middletown residents (submission of roster with
proof of residence is required); Middletown businesses.
(c)
Third priority users. Third priority users are as follows: Other
nonprofit organizations; for-profit clubs, groups, businesses and
associations; nonresidents and nonresident teams comprised of less
than 60% of Middletown residents.
B.
Rental requirements. All interested parties wishing to rent a field(s)
must abide by the procedure set by the Superintendent of Parks or
his/her designee, including the payment of all necessary fees. Any
evidence of insurance must be provided to the Superintendent of Parks
or his/her designee before using the field.
(1)
Fees.
(a)
First priority users and nonprofit organizations: The field usage fees for Adult Softball (men and women) shall be set annually by the Common Council by resolution. All other first priority users and nonprofit organizations are exempt from paying any fees for the use of any of the fields identified in Subsection A above, except Palmer Field. Fees for Palmer Field shall be set by the City by resolution. The City reserves the right to set up an account in the general fund for purposes of accepting donations from first and second priority users and nonprofit organizations for field usage time. Any fees collected by such donations shall go to support the summer camp fund for the Recreation and Community Services Department.
(b)
Second and third priority users, not including nonprofit organizations.
Second and third priority users, not including nonprofit organizations,
will pay a fee per game for all fields. Said fee shall be set annually
by the Common Council by resolution. The City will not charge a fee
for practices at any field.
(c)
Evening games: Except for those users who are exempt from field
usage fees as set forth above, all evening games, which shall be defined
as all games that start at 7:00 p.m. or later, will be charged a fee
set annually by the Common Council by resolution.
(2)
Tournaments. Tournament use fees for fields used during tournaments
shall be negotiated and set by the Director of Public Works or his/her
designee.
C.
Closed or restricted areas.
(1)
Due to factors such as inclement weather, field safety, mechanical
failures, problems arising on the fields, and poor usage conditions,
the City of Middletown's Superintendent of Parks or his or her designee
reserves the right to deny the use of a park, facility, or field or
cancel any pre-existing registration.
(a)
Closed area: At the discretion of the Superintendent of Parks,
or his or her designee, any section or part of any park, facility
or field may be declared closed to the public at any time and for
any interval of time, either temporarily or at regularly scheduled,
stated intervals (daily or otherwise), and either entirely or just
to exclude certain uses.
(b)
Guidelines for cancellation of activity on City athletic fields:
The Superintendent of Parks or his or her designee may deny the use
of a park, facility, or field and/or require an activity to stop and
the participants to vacate the area.
(c)
Nonexclusive examples of conditions that may require the alteration
or the cancellation of an activity:
[1]
Standing puddles of water on the field.
[2]
Footing is unsure and slippery.
[3]
Ground is waterlogged and squishy.
[4]
Grass can be dislodged from the ground easily.
[5]
Lightning.
[6]
Severe weather storms.
[7]
Unsafe facility conditions.
[8]
Use proves to be destructive or detrimental to the site.
[9]
Other conditions deemed appropriate by the Director of Public
Works or his/her designee.
D.
Conditions of use.
(1)
Right to decline.
(a)
The City of Middletown, through the Director of Public Works
or his/her designee, in its sole and absolute discretion, has the
authority to grant or deny rental of the parks, facilities, or fields
to any user or to cancel rental of the parks, facilities, or fields
by any user.
(b)
Once scheduled, the Superintendent of Parks or his/her designee
has the authority to schedule an alternate site for the requesting
party, due to, but not limited to, availability, overuse, safety,
weather conditions, and/or other reasons as determined by the Director
of Public Works or his/her designee.
(2)
Responsible adult designee. Only adults may reserve parks, facilities,
or fields. The individual reserving the park, facility, or field must
follow the procedures set by the Superintendent of Parks or his or
her designee for such reservation and provide both evidence of insurance
and any necessary payment in advance of the use.
(3)
Prohibited acts.
(a)
Alcoholic beverages, tobacco products, smoking, and illegal
drug usage are not permitted in City parks and fields.
(b)
Those using City fields that abut private properties must respect
those properties. User action such as trespassing, littering, and
harassing will not only cause the reservation and use to be revoked
but will also subject the offending user to fines, penalties, and
any other action permissible by law.
(4)
Reservations mandatory. Organized athletic activities are permitted
only on a reservation basis. Persons not having permission to use
the parks, facilities, or fields must give way at all times to those
with such permission.
(6)
Practices/scrimmages: Practices and scrimmages can be held at any
of the facilities mentioned above, except Palmer Field. Such practices
and scrimmages must be coordinated and reserved through the Superintendent
of Parks or his/her designee.
(7)
Game curfew: Except for Palmer Field, no game play is allowed after
10:00 p.m. unless authorized by the Public Works Director or his/her
duly authorized designee.
E.
Insurance requirements.
(1)
Middletown affiliated sports clubs and associations, residents, businesses,
and nonaffiliated clubs and associations, and nonresidents, must provide
the City of Middletown with liability insurance with a minimum limit
of $1,000,000 coverage, listing the City as an additional named insured.
A certificate of insurance must be submitted to the Parks Department
at least one week prior to park, facility, or field usage. This minimum
insurance requirement is subject to periodic review by the City of
Middletown.
(2)
Sports or games rental groups must also provide evidence of player/participation
accident insurance in the amount of at least $25,000 (accidental medical
benefits limit per individual/per accident).
(3)
A current participation roster is also required prior to the actual
usage. The roster must include each participant's name, address (no
P.O. boxes), and phone number. The roster must also include the name
of the person responsible for the team, listing name, address, phone
number, and e-mail address.
F.
Cancellation and refund procedures.
(1)
The City of Middletown, through the Director of Public Works, in
its sole and absolute discretion, reserves the right to cancel permission
for any group to use a park, facility or field if the purpose of such
use is not considered to be in the best interest of the City, community,
or the neighborhood.
(2)
If the City cancels a reservation due to weather or field conditions,
all fees will be refunded. Please allow up to 10 to 15 business days
for refunds to be issued.
(3)
No refunds on rental fees will be made in any amount for failure
to show on the reserved rental date.
(4)
If it is deemed necessary to cancel a reservation due to a violation
of law, city policies, or city ordinances, all user fees paid will
be automatically forfeited and no refunds will be permitted.
G.
Additional supervision. The City of Middletown, through the Public
Works Department, reserves the right to require any lessee or user
to provide police protection when deemed necessary. Additional attendants
or park personnel will be assigned, if deemed necessary by the Director
of Public Works or his or her designee; any resulting expenses or
costs will be billed to the lessee or user.
H.
Pesticide usage. The Parks Division of the Public Works Department
shall use as a guideline the use and application processes for pesticides
as set forth in §§ 10-231a and 10-231b of the Connecticut
General Statutes, which may be amended from time to time, for all
City fields. For consistency purposes, the Parks Division shall treat
all playing fields the same regardless of the age of the person using
the fields.
[1]
Editor’s Note: Former § 214-38, Fees for use of
Palmer Field, was repealed 4-1-2019 by Ord. No. 04-19.
[1]
Editor’s Note: Former § 214-39, Scheduling and
cancellation of games, was repealed 4-1-2019 by Ord. No. 04-19.
[Amended 6-4-2018 by Ord.
No. 07-18]
A.
For the purposes of this section, a "multi-use trail " shall be defined
as a path physically separated from motor vehicle traffic by an open
space or barrier and either within a public right-of-way or easement,
which accommodates two-way nonmotorized travelers, including pedestrians,
bicyclists, joggers, and skaters, constructed for recreational pedestrian
use or provided as a pedestrian alternative to vehicular routes within
a transportation system.
B.
No person shall use any multi-use trail except during the hours posted
at the multi-use trail site. All multi-use trails are to be used for
recreational use only.
C.
No motor vehicles, except for motorized wheelchairs, shall be operated
on a multi-use trail.
D.
Any dog or pet taken onto a multi-use trail shall be on a leash which
shall be no longer than six feet. Dog owners are required to remove
the animal waste.
E.
Youths under the age of 12 shall be accompanied by an adult.
F.
No person shall possess or discharge any firearms, fireworks, or
other weapons on a multi-use trail.
G.
No person shall possess any alcoholic beverages on a multi-use trail.
H.
All persons using the multi-use trail, including but not limited
to cyclists, rollerbladers, joggers, wheelchair users, walkers, and
skaters, shall comply with all applicable state statutes regulating
their conduct on a roadway.
I.
All multi-use trail users must obey all signage and/or roadway markings.
J.
The speed limit on multi-use trails shall be not more than 15 miles
per hour.
K.
Multi-use trail users shall be encouraged to wear the appropriate
safety equipment for their sport.
L.
There shall be no littering on multi-use trails.
M.
Any person violating any provisions of this section shall be prosecuted and fined in an amount as provided in § 214-36.
N.
These regulations are in addition to all applicable state laws, City
ordinances, and Public Works Department regulations.
O.
Every person using the multi-use trail shall travel as near to the
right side of the path as is safe, except when turning or while overtaking
and passing another user proceeding in the same direction.
P.
Every user shall exercise due care and caution to avoid colliding
with any other path user of any mode. Every user shall travel in a
consistent and predictable manner not more than two abreast.
Q.
Any person operating any permitted vehicle or device, including but
not limited to a bicycle, within a park or recreational facility shall
give an audible warning signal before passing another person, pedestrian,
bicyclist, or user of any mode. An audible warning signal may be produced
by voice, bell, whistle, or horn and must be clearly audible. The
audible signal must be first produced five seconds before executing
the passing maneuver. The passer is responsible for safely passing
other users.
R.
Any path user overtaking another user proceeding in the same direction
shall pass to the left of such overtaken user at a safe distance and
shall not again move to the right until safely clear of the overtaken
user.
S.
Users entering or crossing the path at uncontrolled points shall
yield to traffic on the path.
T.
The multi-use trails shall be open to all members of the public.
A.
The City of Middletown recognizes the courage, dedication and sacrifice
of those of its residents who have served in the armed forces of our
country and wishes to reserve certain areas for monuments to honor
that commitment. Accordingly, Union Park and Veterans Memorial Green
are hereby designated as parks commemorating significant military
events.
B.
The only monuments which may be placed in Union Park (South Green)
or Veterans Memorial Green (Washington Terrace) shall be those honoring
and/or commemorating significant military events. As used in this
section, "monuments" shall include, but not be limited to, plaques,
benches, sculptures or any structure, either natural or artificial,
erected for commemorative and/or memorial purposes.
C.
The decision as to what monument will be placed on Union Park or
Veterans Memorial Green shall be made by the Common Council after
review by the City of Middletown Public Works and Facilities Commission
with the advice and recommendation of the Middletown Council of Veterans,
the Middletown Commission on the Arts, and the Middletown Design Review
and Preservation Board.
D.
Any organization, entity, group, or person using Union Park for other
than a City of Middletown sponsored or co-sponsored event will be
assessed a user fee of $50 for each event day.
E.
Reservations for use of the park must be made through the Public
Works Department, at least one month prior to the event. All users
must also have the proper insurance coverage, naming the City of Middletown
as additional insured as defined by the City of Middletown's Risk
Manager.
A.
Any event(s) within the Public Works Department's property jurisdiction,
including but not limited to athletic events, concerts, fundraising
events, carnivals, or any events at which the sponsor(s) anticipate
a large crowd or gathering, Middletown police officer(s) will be hired
for traffic control and/or security. The sponsor(s) of the event shall
contact the Middletown Police Department for assessment, recommendation(s),
and scheduling of law enforcement personnel required.
B.
The cost and hiring of Middletown police officers for an event will
be the responsibility of the event applicant. The cost and payment
for law enforcement coverage will be through the Middletown Police
Department, and is the responsibility of the applicant.
C.
The Public Works Department reserves the right to require police
officers at any given event. If police officers are required, the
applicant will forward correspondence to the Public Works Department
at least two weeks prior to the event, verifying police have been
hired. All applicable fees pertaining to the hiring of police officers
will be the responsibility of the applicant.
[1]
Editor’s Note: Former § 214-43, Athletic game curfew
for Smith Park, Pat Kidney Field, and Hubbard Little League Park,
was repealed 4-1-2019 by Ord. No. 04-19.
[1]
Editor’s Note: Former § 214-44, Public Works Department
policies and authority, as amended, was repealed 4-1-2019 by Ord.
No. 04-19.
