[HISTORY: Adopted by the Bellevue Board 2-16-1977 (Ch. 19 of
the 1998 Code); amended 4-8-1998; 3-28-2001; 4-9-2003; 10-13-2004; 1-11-2006. Subsequent amendments noted
where applicable.]
A.
The Village Park Commission shall consist of seven members. Commissioners
shall be appointed by the Village President and confirmed by the Village
Board. Commissioners shall serve a term of three years, with two Commissioners
being appointed/reappointed in each calendar year, except that in
every third year, three Commissioners shall be appointed/reappointed.
[Amended 7-9-2014 by Ord.
No. O-2014-12]
B.
Terms shall commence on the first day of June in the year appointed;
however, a member shall hold his or her office until his or her successor
is appointed and confirmed.
C.
The Village Park Commission shall oversee and be responsible for
the planning, physical development, operation, and maintenance of
all recreational facilities within the Village of Bellevue, to include
its parks, trails, conservancy areas, park shelters, and other associated
facilities. The Park Commission shall also be responsible for the
establishment and oversight of recreational programs offered by the
Village and the management of all trees located within public grounds
and rights-of-way. To that end, the Park Commission shall be authorized
and charged with the responsibility to perform the following duties:
(1)
The Director of Parks and Leisure Services or his/her designee will
submit a monthly report to the Village Board detailing the Commission's
activities pursuant to this chapter and specifically listing any items
requiring Village Board action.
[Amended 6-25-2008; 7-9-2014 by Ord. No.
O-2014-12]
(2)
Not later than October 1 of each year, the Park Commission shall
develop annual operating and capital budget proposals for all projects
and operations related to parks, recreation and forestry and submit
the same to the Village Administrator and the Village Board for their
consideration in development of the succeeding year's budget.
[Amended 7-9-2014 by Ord.
No. O-2014-12]
(3)
The Park Commission shall advise the Village Board as to recommended
changes to ordinances governing the use and operation of parks and
park facilities.
(4)
The Park Commission shall prepare for Village Board approval a Comprehensive
Outdoor Recreation Plan (CORP) which shall contain an inventory and
analysis of existing Village parks and recreational facilities and
make recommendations as to future park, conservancy, facility and
cultural needs of the Village. The CORP shall be prepared in accordance
with the requirements of Ch. NR 50, Wis. Adm. Code. The plan shall
be updated as needed, but at least once every five years.
(5)
The following are powers delegated to the Park Commission which it
may exercise independently of the Village Board. The Park Commission
may:
(a)
Authorize the establishment of recreation programs based on
assessment of community needs and establish a schedule of fees and
charges pertaining thereto.
(b)
Establish rules and regulations governing park use and recreational
programs, except that Village Board approval is required for any rule
or regulation which involves a penalty or which requires creation
and/or amendment of an ordinance.
(c)
Establish a schedule of rental fees for use of park shelters,
ball diamonds, soccer fields, and other recreational facilities.
(d)
Accept cash and personal property donations made for purposes
of contributing towards park projects, programs and memorials. The
Commission shall deposit all cash donations with the Village Clerk-Treasurer
who will deposit them into a segregated account designated for such
donations.
(e)
Apply for and accept any grant which does not require the commitment
of public funds.
(f)
Create advisory subcommittees comprised of Park Commissioners,
Village residents, or any combination of persons deemed qualified
by the Park Commission to conduct studies or perform specific tasks
under the authority and direction of the Commission.
(6)
The following are powers which may be exercised by the Park Commission
with the approval of the Village Board. With Village Board approval,
the Park Commission may:
(a)
Lay out and improve Village parks, to include determination
of types of facilities required, specific design and location, and
removal and/or relocation of existing facilities. Such improvements
shall be limited to those for which funds have been appropriated in
the annual budget.
(b)
Acquire land for park and conservancy use in the name of the
Village by purchase, land contract, lease, condemnation, or otherwise.
(c)
Accept donations of land for park and conservancy use in the
name of the Village.
(d)
Accept donations of cash or land made in return for naming rights,
unless authorized in a previously approved project plan.
(e)
Name any park or park facility.
(f)
Apply for and accept any grant requiring commitment of public
funds.
The purpose of this chapter is to regulate the use of the facilities
and property under the jurisdiction of the Park Commission. The term
"park" as used in this chapter shall include all parks and other such
facilities and property under the jurisdiction of the Park Commission.
No person or group using a park shall perform or permit others
under his or its custody or control to perform any of the following
acts:
A.
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any trees, plants or other natural features, buildings,
bridges, tables, benches, fireplaces, railings, signs, monuments,
stakes, posts or other markers, other structures, equipment, facilities,
improvements or park property or parts or appurtenances, either real
or personal.
B.
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream, river, bay or other body
of water or on the ice in or adjacent to any park any substance, matter
or thing, liquid or solid, which will or may result in the pollution
of the waters.
C.
Engage in violent, abusive, indecent, profane, boisterous, unreasonably
loud or otherwise disorderly conduct under circumstances in which
such conduct tends to cause or provoke a disturbance.
D.
Endanger the safety or damage the property of any person by any conduct
or act.
E.
Violate any rule for the use of the park established by the Park
Commission.
F.
Prevent any person from using any park, or any of its facilities,
or interfere with such use which is in compliance with this chapter
and the rules applicable to such use.
[Amended 7-25-2007]
A.
All parks shall be open to the general public from 8:00 a.m. to 10:00
p.m. No person or group shall occupy or be present in any park during
hours in which the park is not open to the public, except where a
special permit or permission, in writing, has been granted by the
Park Commission designee for a group to conduct an activity or use
specific facilities or buildings for an activity which extends beyond
the regular closing hours. East River Trail shall be open to the general
public from 6:00 a.m. to 10:00 p.m.
B.
Any park or part thereof may be declared closed to the public by
the Park Commission designee at any time and for any interval of time,
either temporarily or at regular or stated intervals. No person shall
enter or be present in any park or portion which has been closed to
the public.
C.
No person or group shall bring in, dump or deposit any broken glass,
paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other
trash in any park or leave any such materials therein. Park garbage,
refuse, etc., is to be disposed of in the receptacles provided for
this purpose. No glass beverage bottles of any kind shall be allowed
in any Village park at any time, including the shelters and picnic
grounds area.
D.
Refuse or trash shall not be placed in any waters or on the ice in
or contiguous to any park but shall be placed in the proper receptacles.
E.
Charcoal residue is to be left in the fireplace or grill or placed
in a charcoal disposal container when provided.
F.
Where receptacles for rubbish are not provided, all waste shall be
carried away from the park by the person responsible for its presence.
No person shall carry, fire, discharge or have in his possession
or under his control in any Village park any firearm, air gun, slingshot,
bow or spring-loaded device designed for shooting a projectile or
any trap which can be used for trapping animals.
[Amended 6-25-2008[1]]
Dogs, cats and other similar pets shall not be allowed in any
of the Village parks, unless authorized by the Director of Parks and
Leisure Services for special events or at designated dog parks. Dogs
shall be permitted on all Village-owned improved trails. Owners will
be required to clean up, take dog waste off site and properly dispose.
Additionally, dogs must be restrained on a leash no longer than five
feet.
[Amended 6-25-2008[1]]
No person shall bring a horse into or ride a horse in any of
the Village parks, unless authorized by the Director of Parks and
Leisure Services for special events.
A.
No person shall drive or park a motor vehicle in any park except
on such roads or parking lots specially designated for the use of
motor vehicles.
B.
Unless otherwise posted, no person shall operate a motor vehicle
at a speed in excess of 15 miles per hour.
C.
No person shall operate a motor vehicle in a reckless or imprudent
manner or in any manner which may tend to create a disturbance or
endanger the safety of persons using the parks or property therein.
A.
Snowmobiles shall not be operated in any park except on trails specially
marked and designated for the use of snowmobiles.
B.
Snowmobiles shall not be operated at a speed in excess of 35 miles
per hour except where other speed limits are posted.
C.
On trails that have been marked and designated for one-way traffic,
snowmobiles shall be operated only in the direction so designated.
No person shall molest, disturb, chase or throw objects at any
animal or bird within any park.
A.
Without a written permit, no group shall use any portion of the picnic
areas or the buildings or structures therein for the purpose of holding
picnics to the exclusion of other persons.
B.
Designee shall be authorized to regulate the activities in such areas
when necessary to prevent congestion and to secure the maximum use
and enjoyment by the public of such facilities.
C.
Excessive use of alcohol beverages shall be prohibited in all parks.
Any person or group who or which, in the opinion of authorized park
personnel, has excessively used alcohol beverages to the extent that
the person or group interferes with the use of the park by others
shall be required to leave the park. "Excessive use of alcohol beverages"
shall be defined as alcohol consumption which results in a blood alcohol
count exceeding 0.08. "Excessive use of alcohol beverages" shall further
be defined as alcohol consumption which results in a blood alcohol
count of less than 0.08 and which is accompanied by loud, profane
and violent behavior of such nature so as to interfere with the use
of the park by others.
[Amended 6-25-2008]
D.
Between the dates of November 1 and April 30, no person shall bring
into or drink spirituous, vinous, malt or mixed liquors in any park
or other area regulated by this chapter, except by written permission
from the Park Commission designee.
E.
Beer may be sold at Josten Park upon obtaining a special license
from the Village Board. No beer or alcohol sales are allowed in DeBroux
Park. In order to have beer sales in any other Village park, the proper
license must be obtained from the Village Board.
F.
All concession stands must close at 10:00 p.m. in all Village parks.
Any Park Commission designee may issue permits to groups and
organizations to use specific park facilities or buildings for a particular
event. The Park Commission shall establish such rules and regulations
as it deems necessary for the issuance of such permits and may charge
a fee and require a deposit to insure the premises are left in good
order. Rental of a facility or park area is required for groups over
50 people.
No person or group shall engage in ball games or other sports
activities, except in such areas as are designated for those purposes
or in such areas where such activity will not interfere with the use
and enjoyment of the park by others. Golfing (not including disc golf),
including practicing golf, is not allowed in any Village park. No
sports activities of any kind shall be allowed in parking lots. Fishing
is prohibited in all parks, except in areas designated by the Park
Commission.
No person or group shall vend, sell or offer for sale any food,
beverage or other commodity or article within any park to the public
without written authorization from the Park Commission designee. Any
individual or group who or which obtains such authorization shall
be personally responsible for obtaining all required permits in order
to perform the function for which he or it has obtained authorization.
No person or group shall paste, glue, tack or otherwise post
any sign, placard or advertisement or distribute any handbills, pamphlets
or other materials or solicit business of any nature in any park without
written authorization from the Park Commission designee.
No camping shall be permitted in any Village park.
No person shall operate a metal detector in any park without
a written permit from the Park Commission designee.
The Park Commission is authorized to adopt additional rules
and regulations as may be necessary for the management of parks and
the uses thereof and may implement and enforce the same.
[Amended 7-9-2014 by Ord.
No. O-2014-12]
No person shall use or operate any radio, phonograph, musical
instrument or other mechanical or electrical soundmaking, reproducing
or amplification device in a park or parkway so as to be heard at
a distance greater than 50 feet from the above-described instrument
or device, radio or phonograph without written permission from the
Park Commission designee.
[Added 3-5-2014 by Ord.
No. O-2014-05]
A.
Permit
required.
(1)
Without issuance of a special event permit, no group shall host a
special event. "Special event" means any planned extraordinary occurrence
requiring Village services on public rights-of-way or public premises,
including but not limited to parades, processions, block parties,
festivals, athletic events and events, public or private, that may
require extraordinary traffic control, street closures and issuance
of other permits/licenses.
[Amended 5-25-2016 by Ord. No. O-2016-10]
(2)
The
special event organizer shall follow guidelines listed in Administrative
Policy No. 22, Public Special Events Policy and Procedures, and any
requirements as written in an issued special event permit.
B.
Application.
A special event permit application shall be filed with the Village
Director of Parks and Leisure Services no later than 60 days prior
to an event.
C.
Additional
Village services. If the special event will require more than the
minimal use of any Village equipment, staff or services, the applicant
shall pay the actual costs for the use of such equipment, staff or
services. As a condition of the approval of any permit, the applicant
shall agree to pay, within 30 days of billing, the costs of any additional
Village services.
D.
Exceptions.
This section shall not apply to funeral processions and government
agencies acting within the scope of their functions.
E.
Permit
fee. A nonrefundable special event permit application fee, as listed
in the Village Fee Schedule, shall be paid prior to issuance of a
special event permit.
Except as otherwise provided, any person found in violation of this chapter or any order, rule or regulation made hereunder shall be subject to the penalty provided in § 1-4 of this Code of the Village of Bellevue.
[Added 2-11-2015 by Ord.
No. O-2015-04]
Smoking of cigarettes, pipes and cigars, and use of chewing
tobacco and e-cigarettes shall be prohibited in all Village parks
and trails. E-cigarettes shall include any product containing or delivering
nicotine or any other substance intended for human consumption that
can be used by a person to simulate smoking through inhalation of
vapor or aerosol from the product. The term includes any such device,
whether manufactured, distributed, marketed, or sold as an e-cigarette,
e-cigar, e-pipe, e-hookah, or vape pen, or under any other product
name or descriptor.
