[HISTORY: Adopted by the Village Board of the Village of
Clyman as Title 12, Ch. 1, of the 1998 Village Code of Ordinances.
Amendments noted where applicable.]
A.
Purpose and definition.
(1)
In order to protect the parks, parkways, recreational facilities
and conservancy areas within the Village of Clyman from injury, damage
or desecration, these regulations are enacted.
(2)
PARK
As used in this chapter, the following terms shall have the meanings
indicated:
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, play ground, swimming pool or
conservancy area in the Village.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump or deposit any
rubbish, refuse, earth or other material in any park.
(2)
Sound devices. No person shall operate or play any amplifying system
unless specific authority is first obtained from the Village Board.
(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 Village Board.
(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 section, 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 Village parks.
(7)
Ceremonial fires. Ceremonial fires are allowed in Village parks following
approval from the Fire Chief.
(8)
Protection of park property.
(a)
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 chapter. 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, flower bed, turf, soil, sand,
fountain, ornament, building, structure, apparatus, bench, table,
official notice, sign or other property within any park.
(b)
No person shall deface, by throwing stones, pebbles or other
debris in any of the toilets, bubblers or other sanitary facilities
located in any Village park; or to deface by drawing with crayon,
chalk, paint, or anything else on any of the buildings or equipment
at any Village park; or to deface the equipment by means of a sharp
instrument.
(9)
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 Village Board 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 Village
park except in designated areas. Snowmobiles shall only be operated
on designated trails.
(11)
Speed limit. No person shall operate any vehicle in a Village
park in excess of 15 miles per hour unless otherwise posted.
(12)
Glass beverage bottles in parks prohibited. No individual shall
possess or consume any beverage in a glass bottle or glass container
in any Village park.
(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 Village.
(14)
Parking in parks. No person shall park any motor vehicle in
any park in the Village except in a designated parking area.
(15)
Horse and carriages. No person shall ride a horse or drive a
horse-driven vehicle in any park.
(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 Village 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
Village park.
(19)
Fees and charges. The Village Board shall 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)
Pets. Pets, including animals of any species, shall not be permitted
in any Village parks.
(21)
Firearms; hunting. Possessing or discharging of any air gun,
sling shot, explosive, firearm or weapon of any kind is prohibited
in all Village parks.
(22)
Fish cleaning. Cleaning of fish in shelters, toilet facilities
or picnic areas is prohibited in all Village parks.
(23)
Controlled substances. Possessing, using or dispensing of a
controlled substance in violation of the Uniform Controlled Substances
Act is prohibited in all Village parks.
(24)
Vendors restricted. No person shall sell, vend or give away
any article of merchandise whatever, without a written permit from
the Village Board.
(25)
Alcohol beverages. The consumption or possession of alcohol beverages in Village parks shall be as regulated by § 235-29.
(26)
Camping. No overnight camping shall be permitted in any park,
except where written approval of the Village Board or duly authorized
agent is first obtained.
It shall be unlawful for any person to fly, operate or make
use of any airborne 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.
Except as authorized by law enforcement officers or Village
Board, no person shall dig into the turf of any Village-owned park
or recreational property for any purposes whatsoever or remove any
trees or flowers. The use of metal detectors and digging for buried
objects on Village parks or recreational property is prohibited.
A.
Hours established. All Village parks shall be closed to the public
between the hours of 9:00 p.m. and 7:00 a.m. of the succeeding day.
Any law enforcement officer of the Village may clear all persons from
the Village parks during closing hours.
B.
Exceptions. The regular closing hours of Village parks do not apply
to persons having permission from the Village Board to be present
in the Village parks during closed hours on specific days and for
specific purposes.
A.
Policy on reservation. The Village-owned park and park facilities
and shelter areas are primarily for the nonexclusive use of the residents
and visitors of the Village. 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 Village
of Clyman to the end that the general welfare of the Village 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 designated
Village Board member for a permit for exclusive use of the same. The
designated Village Board member shall issue permits for exclusive
use of a portion of a park or park shelter, while the Village Board
shall issue permits for the exclusive use of Village parks. All reservations
shall be made on application forms in the office of the designated
Village Board member and shall be on a first-come, first-served basis;
provided, however, that any Village-based church or civic group may
make reservations for dates used by it in past years on a continuing
basis, at any time. Reservation of a designated area shall give the
party to whom reserved the right to use such area to the exclusion
of others for and during the period of reservation. Areas not reserved
shall be open to use by all.
C.
Application. Applications shall be filed with the Village Board at
least 14 days prior to the date on which the exclusive use of the
entire park is requested, or at least seven 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 the 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 persons to use the said park, area or facility.
(6)
Any additional information which the Village Board or designated
Board member finds reasonably necessary to a fair determination as
to whether a permit should be issued.
D.
Action on application. The Village Board 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. Applicants under this section 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.
(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 of the rest
of the Village.
(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 Village 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 Village 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 Village and
such third parties as may be injured or damaged thereby, caused by
the permittee, its agents or participants.
G.
Permit not required for Village activity. A permit is not required
for exclusive use of the park or a park facility sponsored by the
Village of Clyman.
H.
Permit revocation. The Village Board or law enforcement officer 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
Village Board 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 which the permit is issued.
J.
Care of facilities. Persons reserving Village facilities shall be
completely responsible for cleaning up the facilities after the event
to the satisfaction of Village officials. All reserved areas shall
be left in a clean condition, with refuse placed in containers provided
for such purpose. Any organization or corporation reserving any area
in a Village park shall agree to assume full responsibility for all
damage to Village property by any invitee of said organization or
corporation and shall make full payment therefore upon billing by
the Village Clerk-Treasurer. Failure to do so shall deny future use
of park facilities until such payment be made, in addition to any
other remedy which the Village may have.
