[Adopted 11-11-2008 by Ord. No. 2008-001]
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The overnight lodging or sleeping of a person or persons
on the ground or in any other manner or in a sleeping bag, tent, trailer-tent,
trailer coach, vehicle camper, motor vehicle, or in any other conveyance
erected, parked, or placed within any park.
The Village of Bellevue Park Commission.
Any device that in size, shape, color, construction or design
might reasonably be perceived to be a firearm and can only be differentiated
from a firearm through close inspection.
Any vehicle which is self-propelled by any means whatever,
including all devices in, upon, or by which any person or property
may be transported or drawn, excluding wheelchairs or other ambulatory
assistance devices or devices moved exclusively by human power.
Any property owned by the Village and designated as a park
or natural area in the Village's community park and recreation
plan.
Permitting a vehicle to remain standing, whether occupied
or not, when not loading or unloading.
Any off-street area, whether paved or not, which is designated
for public parking.
Written rules and regulations and any amendments thereto
concerning the use and maintenance of Village park property, adopted
by the Commission and approved by the Village Council, copies of which
are available to the public at the Clerk's office.
The Commission shall be the body responsible for the interpretation
of this article. A decision of the Commission concerning an interpretation
of this article may be appealed to the Village Council within 10 days
of the date of the decision.
The Village may establish emergency rules necessary to protect
the health, welfare, and safety of park visitors and to protect park
property including, but not limited to, ordering all persons off park
property, and closing all or any portion of a park.
A.
Nothing contained in this article shall be construed as prohibiting
Village employees or agents from performing work or activities at
any Village park at a time and in a manner directed by the Village.
B.
No person shall interfere with any employee or agent of the Village
in the performance of an official duty, and further, all persons will
follow all lawful directives issued by such employee or agent.
A.
The Commission or its designee may grant a permit for a special park
use which otherwise is prohibited by this article when, in its discretion,
the Commission or its designee determines that adequate sanitary and
safety precautions will be taken, that the activity will not unreasonably
interfere with the use of the park and neighboring property by others,
and that there is adequate security against damages to the Village.
B.
An activity which involves an exhibition or performance which may
reasonably be expected to cause large numbers of persons to congregate
shall be considered a special park use requiring a permit under this
section.
C.
Application for a special park use permit shall be made no more than
six months before and no later than seven days in advance of the time
of any special park use being requested.
D.
Community-wide events will be given preference for issuance of a
special park use permit. Otherwise, applications shall be processed
in the order they are received by the Village.
E.
It shall be unlawful for any person to use any facility, land or
area in a manner for which a special park use permit is required under
this article without first obtaining such permit.
F.
It shall be unlawful for any person to use any facility, land or
area for which a fee or charge has been established by the Village
without first having paid such fee or charge.
Fees and charges may be assessed for the use of any park facility,
land, area, or program. These fees and charges will be set by Village
Council resolution from time to time.
No person shall enter or remain upon park property between the
hours listed below except as authorized by a special park use permit:
A group or gathering of 10 or more persons may use an area within
a park, to the limited exclusion of others, only by a special park
use permit in accordance with the rules and regulations on reservations.
This use of the park may not unreasonably interfere with or detract
from the general public's enjoyment of the park. The use of any
athletic field within park property for organized competition or practice
shall be by special park use permit.
No person on Village park property shall damage, deface, destroy,
or remove any building, structure, equipment, sign, notice, posting,
shrub, tree, flower, or natural resource or other public property
or throw or deposit trash or litter on park property except in designated
containers.
No person on Village park property shall hunt, trap, catch,
wound, or kill or attempt to hunt, trap, catch, wound, or kill any
bird or animal or molest or rob any nest of any bird or any lair,
den, or burrow of any animal. Fishing shall be allowed in a Village
park, subject to all state and local laws.
A.
Except
as otherwise authorized by law, no person shall, at any time, bring
upon the Village park property, nor possess or discharge anywhere
upon such property, any firearm of any description, or air rifle,
spring gun, bow and arrow, sling, soft air gun, facsimile firearm,[1] or any other form of weapon potentially dangerous to wildlife
and human safety, or any instrument that can be loaded with and fire
blank cartridges, or any kind or trapping device. Shooting into park
property from beyond park boundaries is prohibited.
B.
This section shall not prohibit any individual with a concealed weapons
permit (CCW) from carrying a concealed weapon as permitted under State
of Michigan law.
C.
This section shall not apply to any duly appointed law enforcement
officer while carrying out the duties and responsibilities of his
or her position.
A.
Permitted. Dogs and other pets may be brought upon park property,
unless posted otherwise.
B.
Control. Any dog on park property shall be upon a leash of six feet
or less, unless posted otherwise, and shall be under the immediate
control of a competent person at all times.
C.
Removal of feces. Any person having custody of a dog on park property
shall immediately remove all feces deposited by such dog and shall
dispose of same in a sanitary manner.
D.
Application to guide, service, or leader dogs. This section does
not prohibit the use of guide dogs, service dogs, or leader dogs as
provided and defined in § 502c of the Michigan Penal Code
(MCLA § 750.502c).
Bicycles, roller blades, roller skates, scooters, skateboards,
etc., may be ridden in any Village park, unless posted otherwise.
No person shall ride a bicycle, roller blades, roller skates, a scooter,
a skateboard, etc., on park property in a careless, negligent, or
reckless manner so as to endanger persons or property.
A.
No person shall operate or park any motor vehicle of any kind, including
snowmobiles and motorcycles, except maintenance and security vehicles,
upon any parkland, including public footpaths, except on public roads
and designated parking areas or with a special park use permit.
B.
No person shall leave, or cause to be left, any motor vehicle upon
park property when the park is closed without a special park use permit.
Members of the Village Department of Public Safety are authorized
to remove any such motor vehicle at the owner's expense.
A.
Control. A horse or other draft animal may be brought upon park property,
unless posted otherwise, as long as the horse or draft animal is under
the immediate control of a competent person at all times. No person
shall ride a horse on park property in a careless, negligent, or reckless
manner so as to endanger persons or property.
B.
Removal of feces. Any person having custody of a horse or other draft
animal on park property shall immediately remove all feces deposited
by such horse or draft animal and shall dispose of same in a sanitary
manner.
No person shall camp in a Village park, except in an area designated
for such purpose, and in accordance with the rules and regulations
on camping in parks and public grounds.
The following provisions shall govern fires in the Village's
parks:
A.
No person shall willfully set or cause to be set on fire any tree,
woodland, brushland, grassland, or meadow within park property.
B.
No person shall drop, throw, or otherwise scatter lighted matches,
burning cigars, cigarettes, tobacco paper, or other flammable materials
within park property.
C.
No person shall build any fire within park property except in grills,
firepits, receptacles, or open spaces designated for such purpose.
All cooking within park property shall be restricted to grills in
good working order.
D.
Fires within park property shall not be left unattended. All fire
shall be extinguished upon leaving the immediate vicinity.
No person shall fire, discharge, or have in his or her possession
any rocket, firecracker, torpedo, squib, or other firework or any
substance of an explosive nature within park property.
No person shall swim or bathe in any body of water located within
park property unless posted otherwise.
No person shall bring, use, operate, or navigate any boat, canoe,
raft, or other watercraft upon any drain or pond located within park
property, except at such times and in such places as may be designated
for such purpose.
No person on or within a park or playground shall sell, serve,
deliver, consume, possess, expose for sale or give away any alcoholic
beverage.
No person shall use a loudspeaker, public address system, or
amplifier within park property without a special park use permit.
No person shall skate, walk, or go upon any ice upon any drain
or pond within park property, except at such times and in such places
as may be designated therefor. No person shall coast with a hand-sled,
bob, cart, or other vehicle on wheels or runners on park property,
except at such times and in such places as may be designated therefor.
No person on park property shall peddle or solicit business
of any nature whatsoever, distribute handbills or other advertising
matter, post any unauthorized sign on any parkland, water, structure,
or property, or use such land, water, structure, or property for peddling
or soliciting without a special park use permit.
No person shall by force, threat, intimidation, unlawful fencing,
or enclosing, or by any other means, prevent any person from entering,
leaving, or making full use of any park property. This section, however,
shall not apply to any duly appointed law enforcement officer when
carrying out the duties and responsibilities of his position.
No installation, construction, or maintenance shall be made
above or below the ground, across or beneath Village park property
by any person, except duly authorized Village and/or park personnel,
without the prior written permission of the Village for such installation,
construction, or maintenance specifying in detail the work to be done
and any conditions to be met.
A violation of this chapter is a municipal civil infraction.
The penalty for a violation that is a municipal civil infraction shall
be a civil fine in an amount set by resolution of the Village Council
from time to time.
