For the purposes of this chapter, the following terms, phrases
and words shall have the meaning set forth in this section. When not
inconsistent with the context, words used in the present tense include
the future tense, words in the plural number include the singular,
and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory:
DEPARTMENT
The Department of Parks, Recreation and Enrichment.
[Amended 6-8-2010 by Ord.
No. 6-2010]
DIRECTOR
The Director of the Department of Parks, Recreation and Enrichment.
[Amended 6-8-2010 by Ord.
No. 6-2010]
PARK
A park, reservation, playground, recreation center or any
other area in the City owned or used by the City and devoted to active
or passive recreation or leisure activity.
SCULPTURE
The art of carving wood, chiseling stone, casting metal,
modeling clay or wax, or casting plastics into three-dimensional representatives,
such as statues, figures or ornaments.
[Ord. No. 9-1989]
VEHICLE
Any conveyance for human beings, whether motor-powered, animal-drawn,
or self-propelled. The term shall include any trailer in tow of any
size, kind or description but does not include baby carriages, hand
sleds or vehicles in the service of the City.
[Ord. No. 9-1986]
Whenever the Council of the City determines that certain land
and/or buildings which have been dedicated for park purposes are unused
and unnecessary, the Council may authorize by ordinance the sale of
such land and buildings either by public auction, sealed bids, or
private sale, after holding public hearing on said sale or transfer
of park property.
[Ord. No. 9-1989; amended 6-8-2010 by Ord. No. 6-2010]
In Riverfront Park no person shall construct, erect, reconstruct, alter, restore, demolish, or raze any sculpture, building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility line into, upon or across such lands, except upon special permits issued by the Departments of Building and Housing Development, Public Works and Parks, Recreation and Enrichment hereunder after review by the Historical Architectural Review Board, which will make recommendations to Council in accordance with the procedure of Chapter
7-331 relative to the Historical Architectural Review Board. This section shall not apply to playground and related equipment installed by the Department of Parks, Recreation and Enrichment or the Department of Public Works.
No person shall camp in any park in other than permanent areas
for organized camping provided by the Department and used by groups
of persons under adequate supervision.
No person in any park shall take part in or abet the playing
of any games involving thrown or otherwise propelled objects such
as balls, quoits, stones, arrows, javelins, or model airplanes except
in areas set apart for such forms of recreation.
A person seeking a permit hereunder shall file an application
with the Director which shall state:
A. The name and address of the applicant.
B. The name and address of the person sponsoring the activity.
C. The day and hours for which the permit is desired.
D. The park or portion thereof for which such permit is desired.
E. An estimate of the anticipated attendance.
F. Any other information which the Director shall find reasonably necessary
for a fair determination as to whether a permit should be issued hereunder.
The Director shall issue a permit hereunder after making the
following findings:
A. That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
B. That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
C. That the proposed activity or use is not specifically intended to
result in violence, crime or disorderly conduct.
D. That the proposed activity will not entail unusual, extraordinary
or burdensome expense to the City.
E. That the facilities desired have not been reserved for other use
at the day and hour required in the application.
A permittee shall be bound by all park rules and regulations
and applicable ordinances as though the same were inserted in said
permit.
The person or persons to whom a permit is issued shall be liable
for any loss, damage or injury sustained by any person or by the City
resulting from the activity for which such permit shall have been
issued.
The Director shall have the authority to revoke a permit upon
a finding of violation of any rule or ordinance, or otherwise upon
cause shown.
[Added 10-23-2001 by Ord. No. 14-2001]
A. In Reservoir Park persons may distribute literature in any area except
those areas for which permits have been previously issued for a private
or public event.
[Amended 6-8-2004 by Ord. No. 15-2004]
B. In Riverfront Park persons may distribute literature in any area
except those areas for which permits have been previously issued for
a private or public event.
C. At Italian Lake persons may distribute literature in any areas except
those areas for which permits have been previously issued for a private
or public event.
D. On City Island persons may distribute literature in any areas except:
(1)
Those areas for which permits have been previously issued for
a private or public event; and
(2)
Those areas occupied by leaseholders and park areas under leaseholders'
control.
E. For the remainder of City parks not noted above, persons may distribute
literature in any areas except those areas for which permits have
been previously issued for a private or public event.
[Added 10-23-2001 by Ord. No. 14-2001]
In no event shall anyone distributing literature block ingress
or egress to any park or any commercial business or other commercial
activity. Further, those distributing literature shall stand on the
grass off the walkways and shall keep moving when they are on the
walkways so that they will not block or otherwise impede public use
and enjoyment of the walkways for activities such as jogging, bicycling,
roller blading or any other activity. "Blocking" shall mean obstructing
or otherwise hindering a movement of other persons or vehicles lawfully
exercising their rights to utilize the walkways, driveways, or parking
lots or to have access to any park or any commercial businesses or
activities or other activities therein. Any and all groups and/or
individuals distributing literature within a City park will be encouraged
to police the grounds during and after the distribution of such literature
in an attempt to keep the parks free of trash and debris.