[Adopted 12-21-1983 by Ord. No.
1983-12 as Ch. 107 of the 1983 Code]
A.
No person in any public park or recreation area shall:
(1)
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings; bridges; tables; benches;
fireplaces; railings; paving or paving material; waterlines or other
public utilities or parts or appurtenances thereof; signs, notices
or placards, whether temporary or permanent; or monuments; or take
stake posts or other boundary markers or other structures or equipment,
facilities or park property or appurtenances whatsoever, either real
or personal.
(2)
Fail to cooperate in maintaining rest rooms and washrooms
in a neat and sanitary manner. No person over the age of six years
shall use the rest rooms and washrooms designated for the opposite
sex.
(3)
Dig or remove any soil, rock, sand, stones, trees,
shrubs or plants or other wood or materials, or make any excavation
by tool, equipment, blasting or other means or agency.
(4)
Construct or erect any building or structure of whatever
kind, whether permanent or temporary, or run or string any public
service utility into, upon or across such lands, except on special
written permit issued hereunder.
(5)
Damage, cut, carve, transplant or remove any tree
or plant or injure the bark, pick flowers or seeds of any tree or
plant, dig in or otherwise disturb grass areas or in any other way
injure the natural beauty or usefulness of any area.
(6)
Climb any tree, walk, stand or sit upon monuments,
bases, planters, fountains, railings, fences or upon any other property
not designated or customarily used for such purposes.
(7)
Tie or hitch any animal to any tree or plant or other
stationary or movable object not designated for such purpose.
(8)
Hunt, molest, harm, frighten, kill, trap, pursue,
chase, tease, shoot or throw missiles at any animal, wildlife, reptile
or bird, nor shall any person remove or have in his or her possession
the young of any wild animal or the eggs or nests or young of any
reptile or bird. Exception to the foregoing is made in that snakes,
known to be deadly poisonous, or deadly reptiles may be killed on
sight.
(9)
Throw, discharge or otherwise place or cause to be
placed in the waters of any fountain, pond, lake, stream, river or
any other body of water in or adjacent to any park, recreation area
or other tributary, stream, storm sewer or drain flowing into such
water any substance, matter or thing, liquid or solid, which will
or may result in the pollution of said waters.
(10)
Have brought in or shall dump in, deposit or
leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage or refuse or other trash. No such refuse or
trash shall be placed in any waters in or contiguous to any park or
recreation area or left anywhere on the grounds thereof, but shall
be placed in the proper receptacles where these are provided. Where
receptacles are not provided, all such rubbish or waste shall be carried
away from the park by the person responsible for its presence and
properly disposed of elsewhere.
(11)
Drive any vehicle on any area except the paved
park roads or parking areas or such areas as may, on occasion, be
specifically designated as temporary areas by the Council or the Business
Administrator of the township.
(12)
Leave a vehicle standing or parked at night
in established parking areas or elsewhere in the park areas.
(13)
Park a vehicle in any other than an established
or designated parking area, and such shall be in accordance with the
posted directions there, at and with the instruction of any attendant
who may be present.
(14)
Leave a bicycle in a place other than a bicycle
rack when such is provided and there is space available.
(15)
Ride a bicycle without reasonable regard to
the safety of others or ride a bicycle in areas where signs prohibit
bicycles and other vehicles.
(16)
Leave a bicycle lying on the ground or pavement
or set against trees or other objects or in any place or position
where it may constitute an obstacle to persons lawfully therein.
(17)
Swim, bathe or wade in any waters or waterways
in or adjacent to any park or recreation area, except in such waters
or at such places as are provided therefor and in compliance with
such regulations as are herein or hereinafter made or adopted, nor
shall any person frequent any waters or places customarily designated
for the purpose of swimming or bathing or congregate therein when
such activities are prohibited by the rules and regulations published
by the Business Administrator upon the finding that such use of the
water would be dangerous or otherwise inadvisable.
(18)
Frequent any waters or places designated for
the purposes of swimming or bathing or congregate therein, except
between such hours of the day as shall be designated by the Business
Administrator for such purposes for each individual site.
(19)
Erect, maintain, use or otherwise occupy on
or in any beach or bathing area any tent, shelter or structure of
any kind, unless there shall be an unobstructed view into said tent,
shelter or structure from at least two sides, nor shall any guide
wire, rope or extension brace or support be connected or fastened
on any such structure to any other structure, stake, rock or any other
object outside thereof.
(20)
Allow himself or themselves to be so covered
with a bathing suit so as to be indecently exposed.
(21)
Dress or undress on any beach or in any vehicle,
toilet or other place, except in such bathing houses or structures
as may be provided for that purpose.
(22)
Bring into or operate any boat, raft or other
watercraft, whether motor-powered or not, upon any waters, except
at places designated for boating by the Business Administrator. Such
activity shall be in accordance with the applicable regulations as
are now or hereafter adopted.
(23)
Navigate, direct or handle any boat in such
a manner as to unjustifiably or unnecessarily annoy or frighten or
endanger the occupant or occupants of any other such boat.
(24)
Launch, dock or operate any boat of any kind
on any water between the closing hour of the park at night and the
opening hour of the park the following morning; nor shall any person
be on or remain on or in any boat during said closed hours of the
park.
(25)
Fish in any waters, except in waters designated
by the Business Administrator for that use and under such rules and
regulations and restrictions as have or may be prescribed by the Business
Administrator.
(26)
Fish in any area where bathing is permitted.
(27)
Carry or possess firearms of any description
or air rifles, spring guns, bows and arrows, slings or other forms
of weapons potentially inimical to wildlife and dangerous to human
safety or any instrument that can be loaded with and fire blank cartridges
or any kind of trapping device. Shooting into park areas from beyond
park boundaries is forbidden.
(28)
Picnic, lunch or dine in any place other than
those designated for such purposes. Attendants and other authorized
personnel shall have the authority to regulate the activities in such
areas, when necessary, to prevent congestion and to secure the maximum
use thereof for the comfort and convenience of all. Visitors shall
comply with any such directions given to achieve this end.
(29)
Use any portion of the picnic area or any of
the buildings or structures therein for the purpose of holding picnics
to the exclusion of other persons, nor shall any person use such areas
and facilities for an unreasonable time if the facilities are crowded.
(30)
Leave a picnic area before the fire is completely
extinguished and before all trash is placed in the disposal receptacles,
where provided.
(31)
Set up tents, shacks or other temporary shelter
for the purpose of overnight camping, nor shall any person leave in
any park or recreation area after closing hours any movable structure
or special vehicle to be used or which could be used for such purpose,
such as a house trailer, camp trailer, camp wagon or the like, except
in those areas designated by the Business Administrator for those
purposes.
(32)
Take part in or abet the playing of any games
involving thrown or otherwise propelled objects, such as balls, stones,
javelins, arrows, horseshoes or model airplanes, except in those areas
set apart for such forms of recreation. The playing of rough or comparatively
dangerous games, such as football, baseball and lacrosse, is prohibited,
except on the fields and courts or areas designated therefor. Roller
skating shall be confined to those areas specifically designated for
such purpose. Golfing and hitting of golf balls is prohibited unless
otherwise specifically provided for in a particular park or location
by the display of appropriately displayed signs.
[Amended 6-12-2013 by Ord. No. 2013-06]
(33)
Ride a horse except on designated bridle trails
where permitted. Horses shall be thoroughly broken and properly restrained
and ridden with due care and shall not be allowed to graze or go unattended,
nor shall they be hitched to any rock, tree, shrub or other object.
(34)
Bring into, possess or consume alcoholic beverages
at any time in any park or recreation area.
[Amended 10-1-2008 by Ord. No. 2008-18]
(35)
Have in his possession or set or otherwise cause
to explode or discharge or burn any firecrackers, torpedo rockets
or other fireworks, firecrackers or explosives of flammable material
or discharge them or throw them into any such areas from lands or
highways adjacent thereto. This prohibition shall include any substance,
compound, mixture or article that, in conjunction with any other substance
or compound, will be dangerous for any of the foregoing reasons. At
the discretion of the Business Administrator, a permit may be given
for conducting properly supervised fireworks in a designated park
or recreation area.
(36)
Be responsible for the entry of a dog or other
domestic animal into areas clearly marked by the Business Administrator
by signs bearing the words "Domestic Animals Prohibited in this Area."
Nothing herein shall be construed as permitting the running of dogs
at large. All dogs in those areas where such animals are permitted
shall be restrained at all times on adequate leashes not greater than
six feet in length.
(37)
Occupy any seat or bench or enter into or loiter
or remain in any pavilion or any other park structure or section thereof
which may be reserved and designated for the use of the opposite sex.
(38)
Appear at any place in other than proper clothing.
(39)
Solicit alms or contributions for any purposes,
whether public or private.
(40)
Build or attempt to build a fire, except in
such areas and under such regulations as may be designated.
(41)
Enter an area posted as "Closed to the Public."
(42)
Gamble or participate in or abet any game of
chance, except in such areas and under such regulations as may be
designated.
(43)
Go onto the ice on any of the waterways, except
in such areas as are designated as skating areas, and then provided
only that a safety signal is displayed.
(44)
Sleep or protractedly lounge on the seats or
benches or other areas or engage in loud, boisterous, threatening,
abusive, insulting or indecent language or engage in any disorderly
conduct or behavior tending to breach the public peace.
(45)
Fail to produce and exhibit any permit from
the township for any purposes permitted under the terms of this Article.
(46)
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
(47)
Expose or offer for sale any article or thing,
individually or by use of any stand, cart or vehicle, except by any
regularly licensed concessioner acting by and under authority of the
rules and regulations promulgated herein or hereafter adopted.
(48)
Paste, glue, tack or otherwise post any sign,
placard, advertisement or inscription whatever in or adjacent to the
park or recreation area.
(49)
Consume,
including but not limited to smoking, vaping, aerosolizing, burning
of, inhaling from, or exhaling the smoke from marijuana, cannabis
or be in possession of a cannabis item in any park or recreation area.
[Added 9-21-2022 by Ord. No. 2022-12]
Except for unusual and unforeseen emergencies,
parks shall be open to the public every day of the year during designated
hours. The opening and closing hours for each individual park or recreation
area shall be posted therein for public information and shall be determined
from time to time by resolution of the Mayor and Council. Any section
or part of any park or recreation area may be declared closed to the
public by the Business Administrator in the event of an emergency
or by the Mayor and Council by resolution at any time and for any
interval of time, either temporary or at regular and stated intervals
and either entirely or merely to certain uses, as shall be reasonably
necessary.
Permits for special events in parks shall be
obtained by application to the Business Administrator in accordance
with the following procedure:
A.
A person seeking issuance of a permit hereunder shall
file an application with the Business Administrator stating the following:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation
or association sponsoring the activity.
(3)
The day and hours for which the permit is desired.
(4)
The park or recreation area or portion thereof for
which the permit is desired.
(5)
Any other information which the Business Administrator
shall reasonably require.
B.
Standards for issuance of a permit by the Business
Administrator shall include the following findings:
(1)
That the proposed activity or use of the park or recreation
area will not unreasonably interfere with or detract from the general
public enjoyment of those areas.
(2)
That the proposed activity will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(3)
That the proposed activity or uses will not include
violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary
or burdensome expense or police operation by the township.
(5)
That the facilities desired have not been reserved
for other use at the date now requested in the application.
C.
Within five days after the receipt of an application, the Business Administrator shall apprise an applicant, in writing, of the reasons for refusing a permit, and an aggrieved person or organization shall have the right to appeal to the Mayor and Council of the Township of Florence by serving written notice thereof on the Township Clerk within five days of said refusal. A copy of said notice shall also be served on the Business Administrator within the same time, and the Administrator shall immediately forward the application and reasons for its refusal to the Mayor and Council, which shall consider the application under the standards set forth under Subsection B hereof, and the Mayor and Council shall sustain or overrule the Business Administrator's decision within 10 days from the receipt of the appeal by the Township Clerk. The decision of the Mayor and Council shall be final.
D.
A permittee shall be bound by all park rules and regulations
and all applicable ordinances of the township.
E.
The person or persons to whom the permit is issued
shall be liable for all loss, damage or injuries sustained by any
person whatever by reason of the negligence of the person or persons
to whom such permit shall have been issued. The Business Administrator
shall have the right to require any permittee to submit evidence of
liability insurance covering injuries to members of the general public
arising out of such permitted activities in such amount or amounts
as may be from time to time determined by the Business Administrator
prior to the commencement of any activity or issuance of any permit.
The Business Administrator, Township Police
and park attendants shall, in connection with their duties imposed
by law, have the authority to eject from the park or recreation area
any person or persons acting in violation of this Article and shall
have the authority to seize and confiscate any property, thing or
device used or employed in violation of the terms of this Article.
The Mayor and Council of the Township of Florence
reserves the right, with respect to any and all public parks and recreation
areas and any facilities located therein or thereon, to enter into
any agreement with the Board of Education of the Township of Florence
concerning the use and control thereof, anything contained in this
Article to the contrary notwithstanding. Any such use of the premises
or facilities therein or thereon by the Board of Education pursuant
to such an agreement shall be free and exclusive from any control
or supervision by the Business Administrator; provided, however, that
said Administrator shall continue to have the power to adopt reasonable
rules and regulations in connection with the use and enjoyment thereof.
[Amended 12-1-1993 by Ord. No. 1993-32]
Any person violating any of the provisions of
this Article or any rule or regulation promulgated pursuant hereto
shall, upon conviction, be subject to a fine not exceeding $1,000
or to a jail term in the county jail not exceeding 90 days or to a
period of community service not exceeding 90 days, or any combination
thereof.
This Article is in addition to and not in derogation
of any other ordinance involving or affecting any of the subject matters
contained in this Article.
