Chapter 365 Parks and Recreation

Littering prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any park or public waters, except in containers provided for that purpose.

Sound devices. No person shall operate or play any amplifying system unless specific authority is first obtained from the Recreation Committee. Vulgar, boisterous behavior and overly loud music and loudspeakers which tend to interfere with the enjoyment of the park by others shall not be permitted.

Pets. No person shall permit any dog, cat or other pet owned by him/her to run at large in any park. Pets are prohibited in swimming areas and children's playgrounds.

Bill 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 Recreation Committee.

Throwing stones and missiles prohibited. No person shall throw stones or other missiles in or into any park.

Removal of park equipment prohibited. No person shall remove benches, seats, tables or other park equipment from any park.

(7)

Trapping. No person shall trap in any park unless specific written authority is first obtained from the City Council.

(8)

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 that 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. Campfires may only be allowed with special permission from the City Council.

(9)

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 article. No person shall climb any tree or remove flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure, deface, write upon or ill use any tree, shrub, flower, flowerbed, turf, soil, sand, fountain, ornament, building, structure, apparatus, bench, table, official notice, sign or other property within any park.

(10)

Motorized vehicles. Except for authorized maintenance vehicles, no person shall operate an unlicensed or licensed motorized vehicle 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 Recreation Committee or City Council authorization for shows, rides or exhibits and then only for the purpose of loading and unloading. No person shall operate any off-the-road vehicle, motorcycle, trail bike, all-terrain vehicle, truck or other motorized vehicle in any park, playground or other public ground where pathways or trails have been developed and/or designated for walking, hiking, jogging, running, bicycling, cross-country skiing, sledding or other pedestrian use. All motorized vehicles are limited to use of roadways specifically for their use and according to other restrictions in this Code.[1]

§ 365-2 Radio-controlled model airplanes.

Editor's Note: See Ch. 454, Vehicles and Traffic.

(11)

Snowmobiles. Snowmobiling is not permitted in City parks except in designated areas during periods when sufficient snow cover exists.

(12)

Speed limit. No person shall operate any vehicle in a City park in excess of 15 miles per hour unless otherwise posted.

(13)

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.

(14)

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.

(15)

Parking in parks. No person shall park any motor vehicle in any park in the City except in a designated parking area.

(16)

Horses and carriages. No person shall ride a horse or drive a horse-driven vehicle in any park, except on roads or designated bridle paths, except when approval of the Recreation Committee 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. Horseback riding shall be allowed only during the daylight hours. No person shall ride a horse which cannot be held under such control that it may be easily turned or stopped. No horse shall be ridden in a reckless manner. 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 gait.

(17)

Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.

(18)

Golfing and sporting activities. No golfing or practicing golf in City parks or recreation areas shall be allowed except with the use of a whiffle ball. All sporting activities must be held in areas so designated for that purpose.

(19)

Arrows. No person shall use or shoot any bow and arrow in any City park, except in authorized areas.

(20)

Fees and charges. The City Council, upon the recommendation of the Recreation Committee, 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.

(21)

Firearms. Possessing or discharging of any firearm or weapon of any kind is prohibited in all City parks.

(22)

Fish cleaning. Cleaning of fish in shelters, toilet facilities or picnic areas is prohibited in all City parks.

(23)

Controlled substances. Possessing, using or dispensing of a controlled substance in violation of the Uniform Controlled Substances Act[2] is prohibited in all City parks.

[2]

Editor's Note: See Ch. 961, Wis. Stats.

(24)

Camping. Overnight camping is not permitted in any City park, except by prior written permission from the Recreation Committee.

(25)

Commercial enterprise. No person shall sell, or offer for sale, any article, thing, privilege or service in any park without prior written permission from the Recreation Committee.

Posted regulations. In addition to the regulations herein contained and provided, the Recreation Committee may post from time to time specific rules and regulations, and such specific rules and regulations shall be incorporated by reference into this article as fully as if set forth herein.

No person shall fly a radio-controlled model airplane or helicopter in any park in the City of Weyauwega except in areas specifically designated and posted for such purpose.

§ 365-3 Turf protection on public property.

[Amended 9-19-2016 by Ord. No. 2016-2]

Except as authorized by the City Administrator, or designee, no person shall dig into the turf of any City-owned park property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the City Administrator, or designee, the use of metal detectors and digging for buried objects on City park property are prohibited.

§ 365-4 Park and beach hours.

Closing hours; exceptions.

Closing hours. All grounds and facilities in the City park system shall be open between 6:00 a.m. and 11:00 p.m. daily, with the exception that boat loading areas may be used for the loading or unloading of boats only at any time.

Exceptions. The restrictions set forth in Subsection A above shall not apply to the following individuals:

(a)

Individuals who are attending or participating in City-authorized community celebrations or events held at the park. However, all such individuals exempted by this subsection shall be out of the park within 1/2 hour of the end or closing of the celebration or the event for that evening.

(b)

Individuals or groups who have received permission from the Recreation Committee or City Council for any special group activity.

(c)

Individuals who are law enforcement officers, firefighters, emergency personnel, City employees or City officers who are in the course of their official duties.

(d)

A person driving through a park on a public road; however, stopping shall not be permitted within a park.

Modification of closing hours. The City Council may modify closing hours for particular events.

Closing time of City Beach.

The City Beach, which is the entire area beginning on the west side of North Mill Street and running westerly along the bank of Weyauwega Lake a distance of approximately 750 feet to the property at 305 West Second Avenue, northerly to the Roger Lindgren property, and easterly along Lake Shore Drive to North Mill Street (and including the bathhouse, the dock and all other City-owned recreational facilities in the area heretofore described), is closed to the public from 10:00 p.m. to 8:00 a.m., local time, from May 15 to September 15 of each year.

No person shall loiter, swim, bathe or enter into the water of Weyauwega Lake in the area heretofore described during the hours the City Beach is closed.

Park closing and opening dates. The City Council or Recreation Committee will have full authority to open and close any park, swimming area, recreational facility or area because of season, condition, or construction or when, in the interest of public safety, it is deemed necessary.

§ 365-5 Ultralight aircraft.

Definition. An ultralight 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 ultralight vehicle by 14 CFR 103.1 and which is defined as an ultralight aircraft by § 114.195, Wis. Stats.

Regulations regarding use.

No person shall operate any ultralight 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 ultralight aircraft in the City in violation of any applicable state and federal regulations and standards. No person shall cause an ultralight 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 ultralight aircraft shall first obtain a permit from the Recreation Committee. No fee shall be charged by the Recreation Committee for such permit, which may be issued for a period up to 30 days, nor shall the Recreation Committee sponsor such activity.

Any person desiring to land or to take off from any property owned by the City of Weyauwega shall, prior to receiving a permit, procure evidence of insurance providing for not less than $500,000 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 Weyauwega as an additional insured, and said certificate shall be filed with the City Administrator at the time the applicant seeks a permit.

§ 365-6 Reservation of park space.

Policy on reservation. The City-owned park and park facilities and shelter areas are primarily for the nonexclusive use of the residents of and visitors to 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.

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 written application filed with the City Administrator for a permit for exclusive use of the same. The City Administrator shall issue permits for exclusive use of a portion of a park or park shelter, while the Recreation Committee shall issue permits for the exclusive use of City parks. Park facilities are reserved on a first-requested, first-reserved basis.

Application. Applications shall be filed with the City Administrator at least 14 days prior to the date on which the exclusive use of the entire park is requested, or at least three days prior to the date on which a park shelter or a portion of a park is to be used, and shall set forth the following information regarding the proposed exclusive use:

The name, address and telephone number of the applicant.

If the exclusive use is proposed for a group, firm, organization, partnership or corporation, the name, address and telephone number of the headquarters of the same and the responsible and authorized heads or partners of the same.

The name, address and telephone number of the person who will be responsible for the use of said park, area or facility.

The date when the exclusive use is requested and the hours of the proposed exclusive date.

The anticipated number of persons to use said park, area or facility.

Any additional information which the Recreation Committee or City Administrator finds reasonably necessary to a fair determination as to whether a permit should be issued.

Deposit. All applicants for reservation of park space or shelters for which a permit is required shall pay a deposit determined by the City Council to pay for the City's maintenance and cleanup expenses. A portion of the deposit as determined by the Council shall be returned if cleanup or repair by the City is not required.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Action on application. The Recreation Committee shall act promptly on all applications for permits for exclusive park use (not shelter use) after consulting with the applicant, if necessary.

Reasons for denial. Applications may be denied for any of the following reasons:

If it is for a use which would involve a violation of federal or state law or any provision of this Code.

If the granting of the permit would conflict with another permit already granted or for which application is already pending.

If the application does not contain the information required by Subsection C above.

The application is made less than the required days in advance of the scheduled exclusive use.

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.

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.

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.

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.

Permit revocation. The City Council, Mayor, City Administrator, Recreation Committee, and/or Chief of Police, after granting a permit, may revoke a permit already issued if it is deemed that such action is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of the peace or by a major change in the conditions forming the basis of the issuance of the permit.

Form of permit. Each permit shall be in a form prescribed by the Recreation Committee 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 whom or to which the permit is issued.

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 §§ 300-16 and 300-23 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.

Article II Public Beaches

[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 12, Ch. 3 of the 2001 Code]

§ 365-7 Definitions.

The following definitions shall be applicable in this article:

PUBLIC BEACH

Any designated body of water used for swimming, diving or recreational bathing, not contained within a structure, chamber or tank, together with the associated land area and appurtenances designed for bather usage and serving one or any of the following: a licensed campground, recreational and educational camp, hotel, motel, club, association, housing development, school, or religious, charitable or youth organization and including such designated body of water with associated land area controlled by a local government or political subdivision thereof.

SANITARY SURVEY

An inspection and water sampling of the swimming area and the entire watershed contributing to the body of water on which the beach is located in order to determine the bacteriological, biological, chemical and physical quality of the water using generally accepted parameters and, specifically, those included in this article.

§ 365-8 Sanitary survey.

Scope. The sanitary survey shall include the entire watershed if possible. For a large watershed, the area to be surveyed shall be based on knowledge of the area. A complete survey may not be required if a lack of water quality has a known and verifiable source. In all cases, any source of discharge into the surface water in the watershed which may have an effect on the water quality of the swimming area shall be included in the survey. Other agencies monitoring water in the watershed shall be contacted for information on possible contamination discharges. Included shall be any other notable conditions in the watershed or swimming area which may contribute to unacceptable water quality or unsafe conditions as may be determined by the inspecting agency.

New beaches. At a proposed beach a sanitary survey shall be conducted by the enforcing agency or a person acceptable to the enforcing agency before construction or development of a beach is started.

Existing beaches. At the discretion of the enforcing agency, a sanitary survey may be conducted at any time at an existing beach and may be required when water quality at the beach does not comply with §§ 365-11 through 365-13.

§ 365-9 Beach water sampling.

Frequency.

At least one set of bacteriological samples shall be collected from representative locations throughout the swimming area five times per month during the swimming season and at periods of peak usage. The samples shall be submitted to the State Laboratory of Hygiene or other laboratory certified under Ch. DHS 165, Wis. Adm. Code, to perform water microbiological analysis. A set of samples shall be all samples collected during any one day.

Residual chlorine content and pH samples shall be collected and tested three times each week. The beach operator or the enforcing agency representative may collect the required samples.

Sampling procedure. Samples shall be collected within one foot of the surface in water having a depth range of three to six feet.

§ 365-10 Criteria for beach closing.

When one or more of the following §§ 365-11 through 365-13 are not complied with, the beach shall be closed to the public until compliance is achieved.

§ 365-11 Microbiological quality.

The beach water fecal coliform density from the last five successive sets of samples collected on five different days within a thirty-day period shall not exceed a geometric mean of 200 per 100 milliliters (ml) nor shall the fecal coliform density of any sample exceed 1,000 per 100 ml. When it is determined that a beach must be closed, daily samples shall be collected and analyzed during the period of closure. The beach may reopened if the fecal coliform density in two consecutive daily samples is less than 200 per 100 ml.

Note: The United States Environmental Protection Agency (USEPA) has suggested that E. Coli enterococci organisms be used instead of fecal coliform as indicators of contamination. A geometric mean of five samples should not exceed 126 E. Coli organisms per 100 ml or 33 enterococci organisms per 100 ml.

Note: If contamination is indicated by the criteria in this section, five water samples should be analyzed for fecal streptococcus and staphylococcus to aid in identifying the source of contamination. If there is evidence of complaints of eye, nose, throat or skin irritation, the water should be analyzed for psudomonas aeruginnosa. The sanitary survey should be reviewed also.

§ 365-12 Chemical quality.

Treated beaches shall be monitored for chorine, pH and algaecides regularly to ensure that levels are within parameters and not an irritant to ordinary swimmers.

§ 365-13 Physical quality.

As determined by visual examination, the water shall be free of excessive debris, growth, oils, greases, weeds, algae or other substances capable of creating a health or safety hazard or nuisance to swimmers. A black and white disc six inches in diameter on a white field placed at a depth of at least four feet of water shall be readily visible from the surface of the water.

§ 365-14 Water treatment. [1]

The application of chemicals for water treatment shall be approved by the Department of Health Services and/or Department of Natural Resources and shall be applied by competent applicators.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 365-15 Design of beaches.

Location. Prior to development, the suitability of a beach shall be established by a sanitary survey.

Signs. The posting of signs shall designate the land boundary of a beach.

Area. The total water surface area upon which a beach is established shall be at least 0.5 acre. When the area is less than two acres and natural flow through is lacking, a source of acceptable dilution water having at least the quality specified in §§ 365-7 through 365-13 above, or at least 100 gallons per day per patron, shall be provided.

Attendance. A minimum of 25 square feet of water surface per swimmer shall be provided in areas less than four feet in depth. At least 75 square feet per swimmer shall be provided in the areas over four feet in depth.

Land area. At least 35 square feet of open land area per patron shall be provided.

Bottom slope. For depths up to four feet of water, the bottom slope of the beach shall be uniform and not drop more than one inch for every 12 inches. There shall be no underwater obstructions, dropoffs or radical changes between the depth of four feet and seven feet.

Bottom material. The bottom, to a water depth of at least six feet, shall consist of sand, pea gravel or other approved material. Note: The application of fill material in lakes, streams, or other bodies of water requires approval by the Wisconsin Department of Natural Resources.

Markers. The perimeter of the beach water area shall be clearly designated by means of lines attached to swimming area buoys. The shallow part of the swimming area shall be separated from the remainder of the area by means of line located at clearly marked depth of between three feet and four feet. Any area specifically designated for diving purposes shall be conspicuously marked. All lines shall be buoyed and securely anchored. Floats attached to the lines shall be located no more than 25 feet apart and at all points where lines are joined. Clearly visible water depth markings shall be provided to indicate the maximum depth of the water beneath all diving boards, platform towers and rafts. Note: The placement of waterway regulatory markers is subject to approval of the Wisconsin Department of Natural Resources as stated in § NR 5.09, Wis. Adm. Code.

Diving facilities. Floating and fixed diving platforms shall be constructed with a visible twelve-inch air space under the platform at the maximum feasible patron load. There shall be as little underwater construction as is consistent with adequate support, and all braces and struts shall be designed to prevent entrapment of patrons.

Maximum depth. The maximum water depth for any swimming or diving area shall be 15 feet.

Drinking water supply. A supply of potable drinking water meeting the standards of the Wisconsin Department of Natural Resources, including Chs. NR 809 and NR 812, Wis. Adm. Code, shall be provided at all beaches. The water shall be obtained from a municipal water supply, and at least one outlet for every 1,000 patrons or fraction thereof shall be provided. The supply outlet shall be protected against backflow and backsiphonage.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Liquid waste disposal. Wastewater from a bathhouse or a related facility shall be discharged to a municipal sewerage system if one is available. If one is not available, discharge shall be to a system approved by the Wisconsin Department of Commerce.

Toilet facilities. Toilet facilities shall be provided within 500 feet of all public swimming beaches. Note: See Appendix A for recommended toilet fixture requirements.[2]

[2]

Editor's Note: Appendix A is included at the end of this chapter.

Bathhouses. When a bathhouse is provided, construction shall be in accordance with Chs. Comm 60 to 66 and 90, Wis. Adm. Code.

§ 365-16 Safety.

Lifeguards. At a beach designed to accommodate more than 25 swimmers, at least one certified lifeguard for every 400 linear feet of beach or fraction thereof shall be on duty during swimming hours. During nonswimming hours when no lifeguard is on duty, a legible sign or signs reading "No Lifeguard on Duty" should be posted. Lifeguards shall be isolated from beach crowds by occupying elevated seats on stands or towers, high enough to give them a complete and unobstructed view of the swimming and beach area for which they are responsible. All lifeguards on duty shall be identified by distinguishing apparel or emblem. Lifeguard stations shall be located as close as practical to the swimming area shoreline and within at least 30 feet of the shoreline.

Lifeguard certification. Lifeguards shall be certified. Acceptable certification for a lifeguard shall be a current American Red Cross Lifeguard Training Certificate, a Young Men's Christian Association (YMCA) Lifeguarding Certificate or an equivalent certificate.

Equipment.

Each lifeguard stand shall be provided with a whistle or megaphone and an umbrella.

At least one twenty-four-unit first aid kit shall be provided at each swimming beach.

A spine board and two durable blankets shall be provided at each beach.

Each lifeguard stand shall be provided with at least one of the following: a ring buoy not less than 20 inches in outside diameter, a rescue buoy, a rescue tube or a torpedo buoy. The ring buoy shall be attached to a seventy-five-foot length of one-half-inch rope.

Where swimming is permitted a distance greater than 150 feet from the beach shoreline, a lifesaving patrol boat or offshore lifesaving station shall be provided. At least one square stern boat 12 feet or more in length shall be provided for each 900 linear feet of beach shoreline. The boat or boats shall be located so as to be immediately available, shall be used for their intended purpose only and shall be equipped with pin oars and at least one shepherd's crook type of pole and one ring buoy attached to a seventy-five-foot length of one-fourth-inch rope.