[HISTORY: Adopted by the Village Board of the Village of
Trempealeau 12-2-1987 as Title 4, Ch. 5, of the 1987 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Intoxicating liquor and fermented malt beverages — See Ch. 305.
A.
PARK
Purpose and definition. In order to protect the parks, parkways,
recreational facilities and conservancy areas within the Village from
injury, damage or desecration, these regulations are enacted.
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
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)
Pets. No person shall permit any dog, cat or other pet owned by him
to run at large in any park.
(4)
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.
(5)
Throwing stones and missiles prohibited. No person shall throw stones
or other missiles in or into any park.
(6)
Removal of park equipment prohibited. No person shall remove benches,
seats, tables or other park equipment from any park.
(7)
Trapping. No person shall trap in any park unless specific written
authority is first obtained from the Village Board.
(8)
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 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.
(9)
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 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.
(10)
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 a Village Board authorization for shows, rides
or exhibits and then only for the purpose of loading and unloading.
(11)
Snowmobiles. No person shall operate a snowmobile in a Village
park except in designated areas.
(12)
Speed limit. No person shall operate any vehicle in a Village
park in excess of 15 mph unless otherwise posted.
(13)
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.
(14)
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.
(15)
Parking in parks. No person shall park any motor vehicle in
any park in the Village except in a designated parking area.
(16)
Horse 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 Village Board is first obtained.
It 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 it may be easily turned or
stopped. No horse shall be ridden in a reckless manner. Pedestrians
shall have the right-of-way when crossing a bridle path, and whenever
groups of people are visible within 300 feet, horses shall be ridden
at slow gait.
(17)
Removing tree protectors. No person shall remove any device
for the protection of trees or shrubs.
(18)
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.
(19)
Arrows. No person shall use or shoot any bow and arrow in any
Village park, except in authorized areas.
(20)
Fees and charges. The Village Board 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.
(21)
Firearms; hunting. Possessing or discharging of any 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.
(24)
Camping. Overnight camping is not permitted in any Village park.
(25)
Utility installation and construction. Any private construction
which may in any manner encroach upon or affect the parks and parkways
shall be under the direction and jurisdiction of Village Board and
no such installation, repair or construction shall commence without
the written permission therefor from the Board. All public works,
including construction and installation of power lines, hydrants,
sewers and the like shall be commenced only after notice to the Board
of the Village's intention so to do. Where practicable, such
construction and installation shall be performed pursuant to recommendations
by the Board.
No person shall fly a radio-controlled model airplane or helicopter
in any park in the Village, except in areas specifically designated
and posted for such purpose.
Except as authorized by the Village Board, no person shall dig
into the turf of any Village-owned property for any purposes whatsoever
or remove any trees or flowers. Absent authorization by the Village
Board, the use of metal detectors and digging for buried objects on
Village property, except beaches where no vegetation is present, is
prohibited.
A.
Park hours. Subject to certain exceptions listed below, all Village
parks shall be closed from 11:00 p.m. to 5:00 a.m. the following day.
Persons launching or transporting watercraft from park property may
do so only within park hours. No person shall be in the municipal
swimming pool grounds after such facility has been closed to the public.
B.
Exceptions to closing hours. A person driving through a park on a
public road; however, stopping shall not be permitted within a park.
The Village Board may modify closing hours for particular events.
C.
Park closing and opening dates. The Village Police Officer will have
full authority to open and close any park, beach, facility or area
because of season, condition, construction or when, in the interest
of public safety, it is deemed necessary.
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
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 Village Clerk-Treasurer
for a permit for exclusive use of the same. The Clerk-Treasurer 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. Park facilities are reserved on a first-requested,
first-reserved basis.
C.
Application. Applications shall be filed with the Village 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 persons to use the said park, area or facility.
(6)
Any additional information which the Village Board or Clerk-Treasurer
finds reasonably necessary to a fair determination as to whether a
permit should be issued.
D.
Deposit. All applicants for reservation of park space or shelters
for which a permit is required shall pay a deposit, in an amount set
by the Village Board, to pay for the Village's maintenance and
cleanup expenses. The deposit shall be returned if cleanup or repair
by the Village is not required.[1]
E.
Action on application. The Village Board or appropriate committee
thereof shall act promptly on all applications for permits for exclusive
park use (not shelter use) after consulting with the applicant, if
necessary.
F.
Reasons for denial. Applicants 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.
G.
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.
H.
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.
I.
Permit revocation. The Village Board and/or Village Police Officer
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.
J.
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.
K.
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 §§ 305-11 and 305-23 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.
