City of Marion, WI
Shawano, Waupaca County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Marion as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 243.
Animals — See Ch. 251.
Bicycles and play vehicles — See Ch. 267.
Fireworks — See Ch. 349.
Intoxicating liquor and fermented malt beverages — See Ch. 383.
Peace and good order — See Ch. 468.
Snowmobiles — See Ch. 507.
[Adopted 7-22-1993 as Secs. 12-1-1 to 12-1-5 of the 1993 Code]

§ 456-1 General regulations.

A. 
Purpose. In order to protect the parks, parkways, recreational facilities and conservancy areas within the City of Marion from injury, damage or desecration, these regulations are enacted.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
GREENBELTS
Areas of municipally owned land that are intended to serve an environmental control function, such as erosion control, flood control and groundwater preservation, which land is not generally desirable for public development but may include any special interest activities which may lend themselves to the area, such as trails.
OPEN SPACES
Areas of municipally owned land maintained in their natural state, thus supporting native plants and animals.
PARK
Includes all grounds, structures and watercourses which are or may be located within any area dedicated to the public use as a park, parkway, recreation facility or conservancy district in the City and includes all existing, proposed and future municipal property set aside for active or passive use of leisure time.[2]
PARK FACILITY
Any park area, equipment or structure that has been set aside with a specific use intended.
PLAYGROUND
An area either within a larger park area or a small area set aside for the purpose of promoting imaginative and creative play of school children and providing a means of physical exercise through the use of play apparatus.
PUBLIC PROPERTY
All municipally owned parks, park facilities, playgrounds, swimming areas, greenbelts, open spaces, streets, parking facilities and easements for public use.
SWIMMING AREA
Any open swimming area developed with the intent for use for swimming purposes and under the supervision of a professional lifeguard.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Specific regulations.
(1) 
Littering prohibited. Depositing rubbish or litter in any park or public property is prohibited. No person shall place or deposit any filth, ashes, embers, dirt, garbage, rubbish, paper or other litter, refuse or offensive matter in or on any park or other public property. This provision shall not prevent the proper use of rubbish burners or other receptacles where they are provided by the City.
(2) 
Sound devices. No person shall operate or play any amplifying system unless specific authority is first obtained from the Community Properties Committee or designated committee thereof.
(3) 
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 Community Properties Committee or designated committee thereof.
(4) 
Throwing stones and missiles prohibited. No person shall throw stones or other missiles in or into any park.
(5) 
Removal of park equipment prohibited. No person shall remove benches, seats, tables or other park equipment from any park.
(6) 
Trapping. "Trapping" when used in this subsection includes the taking, or the attempting to take, of any wild animal by means of setting or operating any device, mechanism or contraption that is designated, built or made to close upon, hold fast or otherwise capture a wild animal or animals; live traps on a person's property are excluded. The trapping of wild animals is hereby prohibited in City parks unless authorized by the Common Council.
(7) 
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.
(8) 
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.
(9) 
Motorized vehicles. Except for authorized maintenance vehicles, no person shall operate an unlicensed 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 Community Properties Committee authorization for shows, rides or exhibits and then only for the purpose of loading and unloading.
(10) 
Snowmobiles. No person shall operate a snowmobile in a City park except in designated areas. Snowmobiles shall only be operated on designated trails.
(11) 
Speed limit. No person shall operate any vehicle in a City park in excess of 15 miles per hour unless otherwise posted.
(12) 
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 beverages.
(13) 
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.
(14) 
Parking in parks. No person shall park any motor vehicle in any park in the City except in a designated parking area.
(15) 
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 Community Properties Committee is first obtained. Is 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 is may be easily turned or stopped.
(16) 
Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.
(17) 
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.
(18) 
Arrows. No person shall use or shoot any bow and arrow in any City park, except in authorized areas.
(19) 
Fees and charges. The Common Council 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.
(20) 
Camping. Camping in all City parks is prohibited.
(21) 
Firearms; hunting. 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[3] is prohibited in all City parks.
[3]
Editor's Note: See Ch. 961, Wis. Stats.

§ 456-2 Operation of remote-controlled toys or devices.

It shall be unlawful for any person to fly, operate or make use of any remote- or radio-controlled model airplane, helicopter, vehicle or any other such device in, over or upon any street, park or other public or private property, except in areas specifically designated and posted for such purpose and with the consent of the property owner or lessee of the property.

§ 456-3 Digging on public property; use of metal detectors.

Except as authorized by the Common Council or Community Properties Committee, no person shall dig into the turf of any City-owned park or recreational property for any purpose whatsoever or remove any trees or flowers. Absent authorization by the Common Council, the use of metal detectors and digging for buried objects on City park or recreational property, except beaches where no vegetation is present, are prohibited.

§ 456-4 Park hours; authority to open and close parks.

A. 
Park hours. Subject to certain exceptions listed in Subsection B below and § 456-5A, all City parks shall be closed from 11:00 p.m. to 5:00 a.m. the following day. Closing hours shall not be applicable for authorized events.
B. 
Park closing and opening dates. The Chief of Police or Common Council will have full authority to open and close any park, facility or area because of weather conditions, physical condition, construction or when, in the interest of public safety, it is deemed necessary.

§ 456-5 Reservation of park space.

A. 
Policy on reservation. The City-owned parks and park facilities and shelter areas are primarily for the nonexclusive use of the residents and visitors of 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, excluding camping areas, in the City to the end that the general welfare of the City is protected.
B. 
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 Clerk-Treasurer for a permit for exclusive use of the same. The City Clerk-Treasurer shall issue permits for exclusive use of a portion of a park or park shelter, while the Community Properties Committee shall issue permits for the exclusive use of City parks. Park facilities are reserved on a first-requested-first-reserved basis.
C. 
Application. Applications shall be filed with the City Clerk-Treasurer 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:
(1) 
The name, address and telephone number of the applicant.
(2) 
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.
(3) 
The name, address and telephone number of the person who will be responsible for the use of said park, area or facility.
(4) 
The date when the exclusive use is requested and the hours of the proposed exclusive date.
(5) 
The anticipated number of person to use said park, area or facility.
(6) 
Any additional information which the Community Properties Committee or City Clerk-Treasurer finds reasonably necessary to a fair determination as to whether a permit should be issued.
D. 
Action of application. The Community Properties Committee shall act promptly on all applications for permits for exclusive park use (not shelter use) after consulting with the applicant, if necessary.
E. 
Reasons for denial. An application may be denied for any of the following reasons:
(1) 
If it is for a use which would involve a violation of federal or state law or any provision of this Code.
(2) 
If the granting of the permit would conflict with another permit already granted or for which application is already pending.
(3) 
If the application does not contain the information required by Subsection C above.
(4) 
The application is made less than the required days in advance of the scheduled exclusive use.
(5) 
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.
(6) 
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 to 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.
F. 
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 agent or participants.
G. 
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.
H. 
Permit revocation. The Common Council, Community Properties 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.
I. 
Form of permit. Each permit shall be in a form prescribed by the Common Council and shall designate the park, park facility or shelter area involved, the date, hours of the exclusive use, purpose of the exclusive use and the name of the person, group, firm, organization, partnership or corporation to which the permit is issued.
J. 
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 Chapter 383, § 383-16 and Article II, 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.
K. 
Care of facilities. Persons reserving City facilities shall be completely responsible for cleaning up the facilities after the event to the satisfaction of City officials. Inadequate cleaning shall result in the permit holders being billed for such cleanup costs.
L. 
Lions Point Shelter regulations.
(1) 
Shelter reservations are restricted to anyone living in the school district of Marion.
(2) 
Reservations will be taken the first business day after the first day of the year.
(3) 
Reservations are on a first-come-first served basis.
(4) 
There is a fee set by the Common Council payable upon receiving a shelter key. Recognized service organizations are exempt. Furnaces have been installed for cold weather use and there is a charge set by the Common Council to be paid prior to use.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
The shelter should be completely cleaned by 9:00 a.m. the following day which shall be done by parties using the shelter. If it is not cleaned up, the City will clean it and the user will be billed. Users must provide their own brooms and other cleaning equipment.
(6) 
All garbage, recyclables and other items generated must be removed by the party using the facility.
(7) 
Anything damaged or broken should be reported to the City Clerk-Treasurer. The shelter will be inspected the following day of each reservation.
(8) 
Use of the toilets and the park equipment is for everyone even though the shelter is reserved.
(9) 
A 12:00 midnight curfew is in effect for all occasions. Any music or other activities must cease by 12:00 midnight and the premises must be vacated by 1:00 a.m.
(10) 
If beer or liquor is available to the user's party, users shall keep the supply available to the user's party only.
[Adopted 7-22-1993 as Sec. 12-1-6 of the 1993 Code]

§ 456-6 Authority.

Pursuant to § 30.77(3), Wis. Stats., and amendments thereto, the Common Council of the City of Marion and the Town Board of the Town of Dupont do jointly ordain as follows in this article.

§ 456-7 Purpose.

The purpose of this article is to promote health, safety and general welfare in the enjoyment of aquatic recreation.

§ 456-8 Watercraft operation and speed.

A. 
Operation. No watercraft shall be operated in a manner so as to endanger safety or property.
B. 
Speed. No watercraft shall be operated at a speed greater than is reasonable and prudent under existing conditions, and in no case shall watercraft be operated at a speed in excess of six miles per hour. No watercraft shall be operated so as to show a wake within 50 feet of any shoreline or bathing area.
C. 
Restricted areas.
(1) 
No watercraft shall be operated within a water area which has been clearly marked by buoys or other means as a bathing area.
(2) 
No motorized watercraft shall be operated upstream from the Wallace Park public landing.

§ 456-9 Water-skiing.

Water-skiing is prohibited due to the small size of the mill pond.

§ 456-10 Piers.

Piers and other mooring places for watercraft shall be located so as not to interfere with safe navigation. A permit to erect a pier shall be obtained from the Marion Common Council or Dupont Town Board within whose respective jurisdiction the proposed location lies. Conditions, such as that the longest dimension of the pier shall be parallel to the shoreline, may be attached to the issuance of a permit.

§ 456-11 Adoption of statutory provisions.

Except as otherwise specifically provided in this article, the statutory provisions describing and defining regulations with respect to all regulations of boating in the following enumerated sections and their subsections of the Wisconsin Statutes are hereby adopted by reference and made part of this article as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this article. Any future amendments, revisions, or modifications of the statutes incorporated herein by reference made by the Wisconsin State Legislature are intended to be made part of this Code.
§ 30.50
Definitions
§ 30.501
Capacity plates on boats
§ 30.51(1)
Certificate of number and registration; requirements; exemptions
§ 30.523(1), (2) and (3)
Certification or registration card to be on board; display of decals and identification number
§ 30.549(1) and (2)
Transfer of ownership of boats with a certificate of title, certificate of number or registration
§ 30.55
Notice of abandonment or destruction of boat or change of address
§ 30.61
Lighting equipment
§ 30.62
Other equipment
§ 30.635
Motorboat prohibition
§ 30.64(3)
Patrol boats; failure to stop for law enforcement
§ 30.65(1)(a), (b), (d), (e) and (f)
Traffic rules
§ 30.66(1) through (3)
Speed restrictions
§ 30.67(2)
Accidents and accident reports
§ 30.675(1) and (2)
Distress signal flag
§ 30.68(3) through (9), (11) and (12)
Prohibited operation
§ 30.681
Intoxicated boating
§ 30.684(5)
Chemical tests; refusal
§ 30.69(1) through (3)
Water skiing