[HISTORY: Adopted by the Township Council of the Township
of Hamilton as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 98, §§ 98-1 through 98-7,
of the 1994 Code of Ordinances]
A.
No person in a public park or recreation area shall:
(1)
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any buildings, bridges, tables, benches, fireplaces, railing,
pavings or paving materials, 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.
(2)
Fail to cooperate in maintaining restrooms and washrooms in a neat
and sanitary condition. No person above the age of five years shall
use the restrooms and washrooms designated for the opposite sex.
(3)
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants
or other wood or materials, or make any excavation by tool, equipment,
blasting or other means or agency.
(4)
Construct or erect any building or structure of whatever kind, whether
permanent or temporary, or run or string any public service utility
into, upon or across such lands, except on special written permit.
(5)
Damage, cut, carve, transplant or remove any tree or plant, or injure
the bark or pick flowers or seeds of any tree or plant, or dig in
or otherwise disturb grass areas or in any other way injure the natural
beauty or usefulness of any area.
(6)
Climb any tree or walk, stand or sit upon monuments, vases, planters,
fountains, railings or fences or upon any other property not designated
or customarily used for such purposes.
(7)
Tie or hitch an animal to any tree or plant.
(8)
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot
or throw missiles at any animal, wildlife, reptile or bird, or remove
or have in his possession the young of any wild animal or the eggs
or nest or young of snakes. However, any snake known to be deadly
poisonous or deadly reptiles may be killed on sight.
(9)
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream or other body of water
in or adjacent to any park, or any tributary stream, storm sewer or
drain flowing into such water, any substance, matter or thing, liquid
or solid, which will or may result in the pollution of such waters.
(10)
Have brought in or dump in, deposit or leave any bottles, broken
glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse
or other trash. No such refuse or trash shall be placed in any waters
in or contiguous to any park or be left anywhere on the grounds thereof,
but such materials shall be placed in the proper receptacles.
(11)
Drive any vehicle on any area except the paved park roads or
parking areas or such areas as may on occasion be specifically designated
as temporary areas.
(12)
Park a vehicle in other than an established or designated parking
area, and such shall be in accordance with posted directions thereat
and with the instruction of any attendant who may be present.
(13)
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in the park area.
(14)
Leave a bicycle in a place other than a bicycle rack when such
is provided and there is space available.
(15)
Ride a bicycle without reasonable regard to the safety of others.
(16)
Leave a bicycle lying on the ground or paving or set against
a tree or in any place or position where other persons may trip over
or be injured by it.
(17)
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
in this article or as may be hereafter adopted; nor shall any person
frequent any waters or places customarily designated for the purposes
of swimming or bathing, or congregate thereat, when such activities
are prohibited by the Department of Health, Recreation, Senior and
Veterans Services upon a finding that such use of the water would
be dangerous or otherwise inadvisable. This prohibition is applicable,
but not limited to, lakes, streams, creeks and fountains.
[Amended 9-16-2014 by Ord. No. 14-065]
(18)
Bring into or operate any boat, raft or other watercraft, whether
motor-powered or not, upon any waters, except at places designated
for boating. Such activity shall be in accordance with applicable
regulations as are now or hereafter may be adopted.
(19)
Navigate, direct or handle any boat in such a manner as to unjustifiably
or unnecessarily annoy or frighten or endanger the occupant of any
other boat.
(20)
Launch, dock or operate any boat of any kind on any water between
the closing hour of the park at night and the opening hour of the
park the following morning or be on or remain on or in any boat during
the closed hours of the park.
(21)
Fish in any area where bathing is permitted.
(22)
Carry or possess firearms of any description, or air rifles,
spring guns, bows and arrows, slings or any other form of weapons
potentially harmful to wildlife and dangerous to human safety, or
any instrument that can be loaded with and fire blank cartridges,
or any kind of trapping device. Shooting into park areas from beyond
park boundaries is forbidden.
(23)
Picnic or lunch in a place other than those designated for that
purpose.
(24)
Use any portion of the picnic area or any of the buildings or
structures therein for the purpose of holding picnics to the exclusion
of other persons, or use such areas and facilities for an unreasonable
time if the facilities are crowded.
(25)
Leave a picnic area before the fire is completely extinguished
and before all trash is placed in the disposal receptacles, where
provided. If no such trash receptacles are available, then trash shall
be carried away from the park area by the picnicker to be properly
disposed of elsewhere.
(26)
Take part in or abet the playing of any games involving thrown
or otherwise propelled stones, arrows, javelins, horseshoes, quoits,
model airplanes or other unmanned aircraft systems, including drones,
except in those areas set apart for such forms of recreation. The
flying of model airplanes or other unmanned aircraft systems, including
drones, shall be prohibited during Township special events.
[Amended 7-19-2016 by Ord. No. 16-026]
(27)
Use any grill except those permanently located within a public
park or recreation area. Charcoal grills may be brought and used.
Propane grills are strictly prohibited.
[Added 9-16-2014 by Ord.
No. 14-065]
(28)
Smoke or vape in or within 25 feet of the athletic stands located
in any Township-owned or -leased park or recreation area.
[Added 9-16-2014 by Ord.
No. 14-065; amended 2-19-2019 by Ord. No. 19-009]
While in a public park or recreation area, all persons shall
conduct themselves in a proper and orderly manner; and in particular,
no person shall:
A.
Bring alcoholic beverages or drink alcoholic beverages at any time,
except for the distribution and consumption of alcoholic beverages
pursuant to a lawfully issued Township permit allowing alcoholic beverages.
[Amended 3-18-2014 by Ord. No. 14-015[1]]
B.
Have in his possession, or set or otherwise cause to explode or discharge
or burn, any firecrackers, torpedo rockets or other fireworks, firecrackers
or explosives of flammable material, or discharge them or throw them
into any such areas from lands or highways adjacent thereto. This
prohibition includes any substance, compound, mixture or article that,
in conjunction with any other substance or compound, would be dangerous
from any of such standpoints.
C.
Appear at any place in other than proper clothing.
D.
Build or attempt to build a fire except in such areas and under such
regulations as may be designated. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco paper
or other flammable material within any park or on any highways, roads
or streets abutting or contiguous thereto.
E.
Enter an area posted as closed to the public or use or abet in the
use of any area in violation of posted notices.
F.
Gamble or participate in or abet any game of chance except in such
areas and under such regulations as may be designated by the Department
of Health, Recreation, Senior and Veterans Services..
G.
Go onto the ice on any of the waters except such areas as are designated
as skating fields, and provided a safety signal is displayed.
H.
Sleep or protractedly lounge on the seats or benches or other areas,
or engage in loud, boisterous, threatening, abusive, insulting or
indecent language, or engage in any disorderly conduct or behavior
tending to breach the public peace.
I.
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
J.
Paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatever, or erect or cause to be erected any sign
whatever, on any public lands or highways or roads adjacent to a park.
K.
Play music in the vicinity of the Veterans Park north, east and west
entrance areas that may disturb other persons using the park. Music
played on personal devices and audible only within 10 feet of the
person possessing such device shall be permitted to be played in these
areas. Music shall be permitted to be played in the vicinity of the
Veterans Park south entrance pavilion areas. Hamilton Township sponsored
events or special permitted events may be exempted from these restrictions.
[Added 9-16-2014 by Ord.
No. 14-065]
L.
Place or attach any decoration to any tree, post or any other structure
located in a public park or recreation area by using nails, tacks
or similar fastening devices. Decorations may only be placed or attached
to structures that are being used pursuant to a permit, and must be
placed according to the provisions set forth in the permit.
[Added 9-16-2014 by Ord.
No. 14-065]
A.
Except for unusual and unforeseen emergencies, parks shall be open
to the public every day of the year during the designated hours. No
person shall remain in any park or playground or recreation area after
dusk, or remain in any park, playground or recreation area 30 minutes
subsequent to the conclusion of any regularly scheduled Township or
Township-authorized event. The regulation set out in this subsection
shall be posted for public information.
B.
Any section or part of any park may be declared closed to the public
at any time and for any interval of time, either temporarily or at
regular and stated intervals (daily or otherwise), and either entirely
or merely for certain uses.
[Amended 3-18-2014 by Ord. No. 14-015]
Permits for group use of parks and park facilities, including
but not limited to pavilions and athletic fields, shall be obtained
by application to the Department of Health, Recreation, Senior and
Veterans Services in accordance with the following procedure:
A.
Application. A person or organization seeking issuance of a permit
under this section shall file an application, at least 14 days in
advance, when practical, of the proposed group use with the Department
of Health, Recreation, Senior and Veterans Services, stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person sponsoring the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
The park or portion thereof for which such permit is desired. Permits
for park and park facility use shall be required if the group using
such park or park facility shall be 15 or more in number.
[Amended 9-16-2014 by Ord. No. 14-065; 7-21-2015 by Ord. No. 15-026]
(5)
An estimate of the anticipated attendance.
(6)
The type of activity to be conducted.
(7)
Whether the applicant is a resident or nonresident of the Township.
Applicants may be required to provide a roster of participants with
their application, including the name and home address of each participant.
League and tournament play on all athletic fields shall be restricted
to Township residents only.
(8)
Any other information which the Department of Health, Recreation,
Senior and Veterans Services shall find reasonably necessary to attain
a fair determination as to whether a permit should be issued under
this article.
(9)
Permits cannot be transferred or assigned.
B.
Standards for issuance. Standards for issuance of a use permit by
the Department of Health, Recreation, Senior and Veterans Services
shall include the following findings:
(1)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment or the
park.
(2)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(3)
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary or burdensome
expense or police operation by the Township.
(5)
That the facilities desired have not been reserved for other use
at the date and hour requested in the application.
(6)
Priority of applicants.
(a)
The affairs of the Township shall take precedence over all other
users of the parks and park facilities.
(b)
Resident applicants will be given priority over other users
for the use of Township parks and park facilities, based upon availability.
(c)
Nonresident applicants will be given priority over commercial
applicants for the use of Township parks and park facilities, based
upon availability.
(d)
Commercial applicants will be given the lowest priority for
the use of Township parks and park facilities, based upon availability.
(e)
In the event of a conflict between requesting applicants, the
request received earlier will be honored first. In the event of a
conflict between similarly classified applicants, such as athletic
teams and/or groups, priority will be given to the applicant that
is "in season" and/or the applicant that serves the higher percentage
of Township residents, as determined by the Director of Health, Recreation,
Senior and Veterans Services.
C.
Appeal. Whenever in the opinion of the Director of Health, Recreation, Senior and Veterans Services the granting of a group use permit will violate any of the standards listed in Subsection B above, he or she shall refuse to issue a said permit. Whenever the Director of Health, Recreation, Senior and Veterans Services has refused to issue a group use permit, the applicant may appeal from such determination in accordance to Chapter 285, Licenses and Permits, of the Code.
D.
Use of a park or portion thereof shall be restricted to the facilities,
areas, dates and times expressly requested on the permit application.
A permittee must be present at all times during use of the permit.
[Amended 9-16-2014 by Ord. No. 14-065]
E.
Compliance with park rules. A permittee shall be bound by all park
rules and regulations and applicable ordinances fully as though the
rules, regulations and ordinances were inserted in the permits.
F.
When required by the Department of Health, Recreation, Senior and Veterans Services due to the size of the group use, the services of a law enforcement officer or officers shall be obtained to maintain order. The services of such officers shall be obtained pursuant to § 5-66 of the Code.
G.
Liability of permittee. The person or organization to whom the permit
is issued shall be liable for all loss, damage or injury sustained
by any person whatever by reason of the negligence of the person or
organization to whom such permit shall have been issued. The Department
of Health, Recreation, Senior and Veterans Services shall have the
right to require any permittee to submit evidence of liability insurance
covering injuries to members of the general public arising out of
such permitted activities, in such amounts as may be from time to
time determined by the Department of Health, Recreation, Senior and
Veterans Services, prior to the commencement of any activity for which
any permit is issued and shall also have the right to require that
the certificate of insurance name the Township of Hamilton as an additional
insured.
H.
Fee. The fee for a permit for group use shall be as set forth in Chapter 215, Fees.[1]
[Amended 7-18-2017 by Ord. No. 17-029]
[1]
Editor's Note: Former Subsection I, regarding deposits, as
amended, which immediately followed this subsection, was repealed 3-21-2023 by Ord. No. 23-009. This ordinance also redesignated former Subsection J as
Subsection I.
I.
Revocation. The Department of Health, Recreation, Senior and Veterans
Services shall have the authority to revoke a permit upon a finding
of violation of any rule or ordinance or upon good cause shown, including
but not limited to the falsification of any information required on
the permit application.[2]
[Amended 3-18-2014 by Ord. No. 14-015]
A.
The Department of Health, Recreation, Senior and Veterans Services
and park attendants shall, in connection with their duties imposed
by law, diligently enforce the provisions of this article.
B.
The Department of Health, Recreation, Senior and Veterans Services
and any park attendant shall have the authority to eject from the
park area any person acting in violation of this article.
C.
The Department of Health, Recreation, Senior and Veterans Services
and any park attendant shall have the authority to seize and confiscate
any property, thing or device in the park or used in violation of
this article.
[Adopted 7-1-2004 by Ord. No. 04-028 (Ch. 98, § 98-15,
of the 1994 Code of Ordinances)]
[Amended 3-18-2014 by Ord. No. 14-015]
The Department of Health, Recreation, Senior and Veterans Services
shall promulgate rules and regulations concerning the use of the Township's
dog park in Veterans Park.
The Township's Police Division shall have the authority to enforce
the dog park's rules and regulations.
