City of Fond du Lac, WI Chapter 488 Parks and Recreation

[HISTORY: Adopted by the City Council of the City of Fond du Lac 6-23-1993 by Ord. No. 2679 as Ch. 19 of the 1993 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Amusements and entertainment — See Ch. 208.

Animals — See Ch. 216.

Bicycles and play vehicles — See Ch. 241.

Firearms, weapons and hunting — See Ch. 339.

Lakes and waterways — See Ch. 425.

Peace and good order — See Ch. 500.

§ 488-1 Park system administration.

The City Manager shall have jurisdiction and control over the administration of the park system, including the authority to promulgate reasonable rules and regulations in conformance with this chapter. The City Manager may delegate responsibilities pertaining to the operation and maintenance of parks to City employees who shall be directed by and responsible to the City Manager.

§ 488-2 Fee activities.

[Amended 2-13-2019 by Ord. No. 3684]

No activity for which admission is charged or goods are sold shall be conducted in any City park without a permit issued pursuant to and in accordance with the following provisions listed below and may also require a special event or march/public assembly permit pursuant to Chapter 562 of the Code of the City of Fond du Lac:

A. Applications shall be submitted on forms available for that purpose.

B. No permit shall be granted to a group exceeding 50 people except if, in the discretion of the City, a larger group can be accommodated.

C. No permit shall be granted for an activity that constitutes a public nuisance or is of a nature that is offensive to other users of the park system.

D. The City reserves the right to approve the park and the location in a park for the permitted event or activity.

E. Permits may be issued only when the City determines that such activity will not interfere with other events or activities.

F. The City reserves the right to revoke any permits issued under this section for violations of park rules and regulations.

G. If a shelter is required for the activity, existing fees for the shelter shall be paid prior to the issuance of a permit.

H. Permits will not be issued for activities that in the opinion of the City will cause damage to grass, equipment or other park facilities other than normal wear and tear.

I. The area shall be cleaned of all litter and debris and restored to the condition existing prior to the event.

§ 488-3 (Reserved) [1]

[1] Editor’s Note: Former § 488-3, Assemblies, was repealed 2-13-2019 by Ord. No. 3684.

§ 488-4 (Reserved) [1]

[1] Editor’s Note: Former § 488-4, Regulations concerning use of parks, was repealed 2-13-2019 by Ord. No. 3684.

§ 488-5 Prohibited acts.

[Amended 7-10-2002 by Ord. No. 3108; 9-12-2007 by Ord. No. 3333; 7-9-2014 by Ord. No. 3556]

No person, firm or corporation, except an authorized police officer, using City parks shall either perform or permit to be performed any of the following acts in any City park or on any City-owned or -controlled land, trail or open space area, except as authorized by the City Park Division:

A. Willfully mark, deface, disfigure, injure, tamper with, 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, monuments, stakes, posts or other boundary markers or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

B. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters.

C. Bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash. Refuse or trash shall not be placed in any waters in or contiguous to any park or left anywhere on the grounds 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.

D. Bring into any park any garbage from home or other place with the intent of depositing same in a park container or receptacle.

E. Disturb the peace or use any profane, obscene or blasphemous language.

F. Endanger the safety of any person by any conduct or act.

G. Commit any assault or battery or engage in fighting.

H. Prevent any person from using any park or any of its facilities or interfere with such use in compliance with this chapter and the rules applicable to such use.

I. Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are set forth herein or may be adopted.

J. Operate a bicycle or other similar vehicle in any area of a City park where signs are posted prohibiting bicycle operation.

K. Bring into or possess in any City park any glass beverage container. "Glass beverage container" means an individual, separate glass bottle, jar or carton that is originally used to contain a beverage as defined in § 100.33(1)(a), Wis. Stats., for retail sale.

L. Operate any engine-driven vehicle, such as, but not limited to, an all-terrain vehicle (ATV), snowmobile, motorcycle, dirt bike, go-kart, automobile, truck, or dune buggy, except as may be specifically authorized by the City Park Division.

M. Ignite and maintain campfires, except where otherwise authorized for cooking purposes.

N. Hunt, trap, threaten, chase, injure or attempt to injure, destroy or attempt to destroy animals, birds and wildlife except under the supervision of the City Park Division.

O. Ride, lead or travel by horseback.

P. Cut, remove, plant, trample and/or disturb trees, vegetation and flora except by or under the supervision of the City Park Division.

Q. Operate or discharge any firearm, bow and arrow or crossbow, slingshot, air gun, paintball gun, spring gun or any similar device. Operation or discharge of bows and arrows and crossbows must be in compliance with § 839-2B(1) and (2), or as subsequently amended.

R. Carrying a firearm; entering or remaining at a special event, march, or public assembly as defined in Chapter 562 of the Code of the City of Fond du Lac; or a special event as defined and subsequently amended in Wis. Stat. § 943.13(1m)(c)3; if the organizers of said event have notified the actor not to remain at the event while carrying a firearm or with that type of firearm. This subsection does not apply, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the special event grounds or building that is used as a parking facility.

[Amended 2-13-2019 by Ord. No. 3684]

S. Consume, bring into or give away any liquor, beer or other alcohol beverages or fermented malt beverages except as specified by § 488-6 of this chapter.

§ 488-6 Alcohol beverages in City parks.

[Amended 10-11-1995 by Ord. No. 2808; 3-13-1996 by Ord. No. 2830; 9-12-2007 by Ord. No. 3333]

A. Lakeside Park, East and West.

(1) No person shall consume, bring into or give away any liquor, beer or other alcohol beverages or fermented malt beverages within Lakeside Park, East and West, between the hours of 8:00 p.m. and 8:00 a.m., except that possession and consumption of such beverages are permitted between the hours of 8:00 p.m. and 11:00 p.m. by persons who have obtained a reservation for a picnic area issued by the Park Superintendent or his/her designee and who are possessing or consuming the beverages in compliance with the date, time and area specified in such reservation. Possession or consumption of alcohol beverages is only permitted in the pavilion, shelter or open grill areas.

(2) On Independence Day such beverages shall be permitted outside of these areas from 8:00 p.m. to 11:00 p.m., provided that no beverages shall be possessed or consumed in those areas specified by Subsection C.

(3) During festivals approved by the City Council, alcohol beverages shall be permitted in all areas reserved for festival activities.

(4) The possession and consumption of fermented malt beverages shall be permitted until 11:00 p.m. at the athletic fields when such beverages are being sold during softball tournaments sanctioned by the City Council.

(5) No alcohol or fermented malt beverages shall be carried into Lakeside Park during Walleye Weekend except by persons granted special permits to sell such beverages in accordance with Subsection E.

B. McDermott and Buttermilk Creek Parks. Possession or consumption of alcohol beverages shall be permitted in Buttermilk Creek Park and McDermott Park between the hours of 8:00 a.m. and 11:00 p.m. by persons who have obtained a reservation for a picnic area and shall only be possessed or consumed in the shelter or open grill areas of those parks.

C. Lakeside Park. No person shall possess or consume intoxicating liquor or fermented malt beverages in the playground, zoo area, lighthouse triangle flower bed area or any other area of the park that is posted as an area where alcohol beverages are prohibited.

D. Possession or consumption prohibited. No person shall possess or consume intoxicating liquor or fermented malt beverages at any time in the following parks:

[Amended 4-24-2014 by Ord. No. 3544; 7-28-2021 by Ord. No. 3732]

(1) Adelaide Park.

(2) Cardinal Park.

(3) Catherine Whittier Lewis Park.

(4) Colwert-Edward Park.

(5) Franklin Park.

(6) Hamilton Park.

(7) Huck Park aka "Hucks Bellevue Park."

(8) James "Maggie" Megellas Park.

(9) Jefferson Park.

(10) Lallier Park.

(11) McKinley Park.

(12) Paul Butzen Park.

(13) Plamore Park.

(14) Russell Park.

(15) Taylor Park.

(16) Mini parks.

(17) Other City-owned open spaces and trails.

E. Sale of fermented malt beverages and intoxicating liquors. No person shall sell, barter, exchange, offer for sale or have in his possession with intent to sell, deal or traffic in fermented malt beverages or intoxicating liquors in or on any public park or play area within the City, with the following exception: fermented malt beverages may be sold upon granting of a special permit by the City Council, along with the necessary liquor license. Such sales will commence not earlier than 10:00 a.m. and will cease not later than 9:00 p.m. The permittee will deposit the sum of $100 with the City to guarantee the cleanup of the area where such beverages are permitted to be sold following the event for which the permit is granted. Such $100 will be returned to the permittee following an inspection by the City and its approval. The permittee may also be required to obtain a special event permit pursuant to Chapter 562 of the Code of the City of Fond du Lac.[1]

[Amended 2-13-2019 by Ord. No. 3684]

[1] Editor's Note: Original § 19.07, Marina and dock area, which immediately followed this section, was repealed 9-12-2007 by Ord. No. 3333.

§ 488-7 Closing hours.

[Amended 9-12-2007 by Ord. No. 3333]

A. Hours.

(1) The following parks shall be closed between the hours of 9:00 p.m. and 8:00 a.m.:

[Amended 7-28-2021 by Ord. No. 3732]

(a) Adelaide Park.

(b) Cardinal Park.

(c) Catherine Whittier Lewis Park.

(d) Colwert-Edward Park.

(e) Franklin Park.

(f) Hamilton Park.

(g) Huck Park aka "Hucks Bellevue Park."

(h) James "Maggie" Megellas Park.

(i) Jefferson Park.

(j) Lallier Park.

(k) McKinley Park.

(l) Paul Butzen Park.

(m) Plamore Park.

(n) Russell Park.

(o) Taylor Park.

(p) Mini parks.

(2) The following parks shall be closed between the hours of 11:00 p.m. and 8:00 a.m.:

(a) Buttermilk Creek Park.

(b) (Reserved)[1]

[1] Editor's Note: Former Subsection A(2)(b), Lakeside Park, added 4-24-2014 by Ord. No. 3544, was repealed 8-13-2014 by Ord. No. 3560.

(c) McDermott Park.

B. Exceptions. No person shall be on the premises of any park during the closed hours with the following exceptions:

(1) City employees. Any City official, employee or agent who is performing an official duty.

(2) Ice skaters. Any person using an approved ice skating rink in any park may be on the premises until 10:00 p.m. while the rink is in operation.

C. Other open space lands. City-owned and/or controlled open space areas and trails shall be utilized by the public during daylight hours only.

§ 488-8 Special activities.

[Amended 2-13-2019 by Ord. No. 3684]

No person shall engage in special activities, including flying model airplanes, golf practice, ice-skating and games, except at locations specifically designated for such activities by the City. Areas for such activities may be reserved by groups for use at specified times. The City reserves the right to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given by City officials to achieve this end. No person in any park not holding a valid reservation shall use any portion of the picnic areas or any of the buildings or structures to the exclusion of other persons.

§ 488-9 Animals.

A. No person shall bring any animal into any City park, except in:

[Amended 4-24-2014 by Ord. No. 3544; 10-25-2017 by Ord. No. 3646-A]

(1) Lakeside Park on a leash no longer than six feet with an adult handler inside the park; dogs are not allowed within 100 feet of the Main Street playground, the petting zoo or the deer pen area.

(2) Lakeside Park West in an area designated as an off-leash pet exercise area.

(3) Conjunction with a permit granted by the City under an applicable provision of this chapter or City Code. Organizers of a special event, march, or public assembly, as defined in Chapter 562 of the Code of the City of Fond du Lac, that are located in City parks may choose to prohibit dogs at their event. The organizers of the event must appropriately sign the event to let dog owners know that dogs may not attend and have the responsibility of enforcing their prohibition.

[Amended 2-13-2019 by Ord. No. 3684]

B. Anyone bringing an animal into a permitted area as described in Subsection A shall be responsible for such animal as described in § 216-17 of this Code. This section shall not apply to employees or agents of the City involved in the operation of the parks.

C. This section shall not apply to a dog specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons.

[Added 4-24-2014 by Ord. No. 3544]

D. Dogs in parks. This section grants permission for dogs on leashes no longer than six feet with an adult handler to be in the following parks:

[Added 8-10-2016 by Ord. No. 3611; amended 10-25-2017 by Ord. No. 3646-A]

(1) Colwert-Edward Park.

(2) Hucks Bellevue Park.

(3) Lakeside Park West.

(4) Lallier Park.

(5) Ledgeview Corporate Center.

(6) McDermott Park.

(7) Paul Butzen Park.

(8) Plamore Park.

(9) Russell Park.

(10) Adelaide Park.

(11) BMX Park.

(12) Taylor Park.

(13) Jefferson Park.

(14) Lewis Park.

(15) McKinley Park.

(16) Brookfield Park.

(17) Cardinal Park.

(18) James "Maggie" Megellas Park.

(19) Hamilton Park.

(20) Franklin Park.

(21) Buttermilk Creek Park

§ 488-10 Sales.

No person other than employees or permittees of the parks shall vend, sell, peddle or offer for sale any commodity, article or service within any park.

§ 488-11 Bow and arrow.

No person shall use a bow and arrow in any City park unless approved by the City.

§ 488-12 Vehicles; permitted parking.

A. Vehicles. No person shall park any vehicle on a service road in any park or park or leave any vehicle in any place other than one established for public parking. In designated parking lots, parking is permitted in marked stalls only. No person shall park any vehicle at any time in a parking stall designated "permit parking" without first obtaining a permit. The City will issue such permits in accordance with applicable rules and regulations. No person shall park any vehicle, bus, trailer, camper or similar type vehicle in any designated parking area within a park for longer than eight hours without first obtaining prior written permission of the City. Any vehicle parked in violation of this subsection may be ordered to be removed, and expenses incurred in the removal or in the storage of such illegally parked vehicle shall be paid by the owner or operator before release of such vehicle.

[Amended 4-24-2014 by Ord. No. 3544; 4-13-2016 by Ord. No. 3602]

B. Parking permitted.

(1) Lakeside Park. Parking shall be permitted in Lakeside Park, East and West, between the hours of 11:00 p.m. and 4:00 a.m. only, as provided in the terms of this section.

(2) Leasing boat slips. Persons leasing boat slips from the City are permitted to park in the following locations upon obtaining a parking permit from the Park Division: the parking lots abutting the south side of Lighthouse Harbor adjacent to Mohawk Avenue and Harbor View Drive.

[Amended 4-24-2014 by Ord. No. 3544]

(3) Utilizing City ramps. Persons utilizing the City ramps to launch their boats are permitted to park vehicles with attached boat trailers in the following locations:

(a) The parking lot abutting Howard Litscher Drive in Lakeside Park West.

(b) The parking lot adjacent to the boat launching ramps on the north side of Harbor View Drive immediately east of North Main Street.

(c) The parking lot on the east side of Lighthouse Harbor adjacent to the launching ramps.

(4) Fishing. Persons in Lakeside Park for the purpose of fishing shall be permitted to park their vehicles in the following locations during the period in which they are fishing:

(a) East bank of Fond du Lac River, from Frazier Point south to the north fence line of the wastewater treatment plant.

(b) The parking lot adjacent to the picnic shelter in Lakeside Park West at the mouth of the Fond du Lac River.

(c) The parking lot on the north side of Frazier Drive at Frazier Point.

§ 488-13 Use of watercraft launch sites.

[Amended 2-12-2003 by Ord. No. 3129]

A. Permit fee. No person shall use any City-owned or operated watercraft launch site without obtaining a daily or annual permit. The permit shall apply to the use of watercraft launch site by any person or vehicle launching any watercraft at the site.

(1) Payment of fees. Permit fees shall be paid on a daily or annual basis. The daily and annual fee amounts shall be established by resolution of City Council.

(2) Daily fees. Daily permits shall only be valid during the day of purchase. Said permits shall be displayed on the rear-view mirror of the motor vehicle used to launch the craft and shall remain on display for the entire time the vehicle is on the premises of the City launch site.

(3) Annual fees. Annual permits shall be valid from March 1 of the issuing year to February 28 of the subsequent year. Annual permit stickers shall be prominently displayed on the left-hand side of the tongue of the trailer used to transport the craft to the launch site; if no trailer is used, the stickers shall be prominently displayed on the back left bumper of the vehicle used to transport the craft to the launch site.

(4) Exemptions. Exemption from payment of the watercraft launch fee may be granted for the launching of certain authorized government watercraft by the express approval of the Fond du Lac Park Superintendent.[1]

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

B. Avoidance of fees. No person or owner of a vehicle shall engage in any shift, scheme, device or plan which results in payment of less than the actual permit fee due for any person or vehicle launching a watercraft from a City of Fond du Lac watercraft launch site.

C. Responsibility of owner. If any vehicle with a watercraft trailer is found upon any street, alley, highway, park or other public grounds of the City in violation of this section and the identity of the driver cannot readily be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such violation.[2]

[2] Editor's Note: Original § 19.14(4), Penalty, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. [3]Revenues. All revenues derived from launch fees shall be used to fund water-based site improvements and for watercraft launch site operation and maintenance.

[3] Editor’s Note: Former Subsection D, Enforcement, was repealed 4-13-2016 by Ord. No. 3602. This ordinance also provided for the redesignation of former Subsection E as Subsection D.

§ 488-14 Violations and penalties.

[Amended 4-13-2016 by Ord. No. 3602]

Penalty. Any person found to be in violation of any parking violation shall be subject to a penalty as provided in the Parking Deposit Schedule; all other violations of this chapter are subject to a penalty as provided in § 1-4 of this Code.