Cross References — As to amusements and amusement devices generally, §§
605.290 et seq.; as to streets, sidewalks and public places generally, ch.
510.
[R.O. 2012 §240.010; CC 1975 §21-1; Ord. No. 420 §1]
The purpose of this Chapter is to regulate the use of the parks
and recreation buildings of the City in order that all persons may
enjoy and make use of such parks and buildings, and to protect the
rights of those in the surrounding areas.
[R.O. 2012 §240.020; CC 1975 §21-2; Ord. No. 420 §2]
For the purposes of this Chapter, the following words or phrases
shall have the meanings respectively ascribed to them by this Chapter:
AMPLIFIED MUSIC
Music projected and transmitted by electronic equipment,
including amplifiers, the total output of which amplifiers, including
the sum of the wattage output of each channel, exceeds twenty-five
(25) watts.
AMPLIFIED SPEECH
Speech projected and transmitted by electronic equipment,
including amplifiers, the total output of which amplifiers, including
the sum of the wattage output of each channel, exceeds twenty-five
(25) watts.
BUILDINGS
Those buildings, or any portion thereof, under the supervision
of the Director of Utilities, Housing and Parks made available to
exclusive use of permittees.
PARK
A park, reservation, playground, swimming pool, recreation
center or any other area in the City, owned or used by the City and
devoted to active or passive recreation.
PERMIT
A permit for exclusive use of parks or buildings as provided
for and defined in this Chapter.
VEHICLE
Any wheeled conveyance, whether motor powered, animal-drawn
or self-propelled. The term shall include any trailer in tow of any
size, kind or description. Exception is made for baby carriages and
vehicles in the service of the City Parks.
[R.O. 2012 §240.030; CC 1975 §21-3; Ord. No. 420 §3]
No person shall enter, be or remain in any park or building
of the City, unless he/she complies with all of the regulations set
forth in this Chapter applicable to such park or building.
[R.O. 2012 §240.040; CC 1975 §21-4; Ord. No. 420 §4]
The City's Parks shall be made available for the exclusive use
of persons and groups, subject to the issuance of a permit by the
Director and subject to the payment of fees therefor. No exclusive
use of any park for preadvertised assemblies or groups may be made
without the issuance of a permit therefor. All applications for exclusive
use of any park must be signed or cosigned by an adult, which adult
shall agree to be responsible for such exclusive use. No exclusive
use permit will be granted, if, prior to the time the application
was filed, the City has scheduled a City sponsored event at the same
time and place as the activity proposed in the application.
[R.O. 2012 §240.050; CC 1975 §21-5; Ord. No. 420 §5]
Any person applying for a park permit under this Chapter shall
file an application for such permit with the Director not less than
fourteen (14) days nor more than sixty (60) days prior to the proposed
use of the park. The Director may waive the fourteen (14) day period,
if the applicant waives all appeal rights.
[R.O. 2012 §240.060; CC 1975 §21-6; Ord. No. 420 §6]
A. Every
application for a park permit under this Chapter shall contain the
following:
1. Name of the applicant, the sponsoring organization and the name of
the person in charge of the proposed activity.
2. The addresses and telephone numbers of those named in Subsection
(1) of this Section.
3. The park being applied for.
4. The starting time of the proposed activity.
5. The finishing time of the proposed activity.
6. The number of persons expected.
7. Additional City facilities requested, such as personnel, tables,
chairs, etc.
8. The nature of the proposed activity, including equipment and vehicles
to be brought into the park, nature and duration of the use of such
equipment and nature and duration of the use of any amplified sound,
whether speech or music.
9. Estimated number of parking spaces required.
[R.O. 2012 §240.070; CC 1975 §21-7; Ord. No. 420 §7]
A. The
Director shall grant or deny each application for a park permit within
four (4) days after the filing of the application, unless the time
for such granting or denial of the permit has been waived by the applicant
in writing. The decision granting or denying such application shall
be mailed to the applicant.
B. The
Director shall grant the application when it complies with the standards
and guidelines established by this Chapter, and upon granting any
permit, may impose reasonable requirements and conditions concerning
the use of the park by the applicant.
C. In
the event that more than one (1) application is received for one (1)
park for use on the same day, the Director shall act first upon the
application first received.
D. The
Director shall deny the application if he/she finds that any of the
following conditions exist:
1. The application reveals that the City has no park which will accommodate
the activity of the applicant pursuant to the standards and guidelines
published by the Director.
2. The proposed activity is of a size or nature that requires the diversion
of so great a number of law officers to properly police the areas
as to hinder protection to other areas.
3. The applicant refuses to agree, in writing, to comply with all conditions
in the permit.
4. The applicant fails to file a timely application, unless waived by
the Director when the applicant waives all right of appeal.
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Such denial shall specify the grounds therefor.
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[R.O. 2012 §240.080; CC 1975 §21-8; Ord. No. 420 §8]
The City's recreational buildings shall be made available for
the exclusive use of individuals or groups, subject to the issuance
of a permit by the Director and subject to the payment of fees therefor
as estimated by the Director. Closing times of each building shall
be set by the Director. No exclusive use permit will be granted if,
prior to the time the application was filed, the City has scheduled
a City sponsored event at the same time and place as the activity
proposed in the application.
[R.O. 2012 §240.090; CC 1975 §21-9; Ord. No. 420 §9]
Any person applying for a building permit under this Chapter
shall file an application for such exclusive use permit for a building
to the Director, not less than fourteen (14) nor more than sixty (60)
days prior to the proposed use of such building. The Director may
waive the fourteen (14) day period, if the applicant waives all rights
of appeal.
[R.O. 2012 §240.100; CC 1975 §21-10; Ord. No. 420 §10]
A. Every
application for an exclusive use permit for buildings under this Chapter
shall contain the following:
1. Name of the applicant, the sponsoring organization and the name of
the person in charge of the proposed activity.
2. The addresses and telephone numbers of those named in Subdivision
(1) of this Section.
3. The room or building applied for.
4. The starting time of the proposed activity.
5. The finishing time of the proposed activity.
6. The number of persons expected to attend the activity.
7. Additional City facilities requested, such as personnel, tables,
chairs, etc.
8. Nature of the proposed activity, including equipment to be brought
into the building, and the nature and duration of the use of such
equipment.
[R.O. 2012 §240.110; CC 1975 §21-11; Ord. No. 420 §11]
A. The
Director shall grant or deny each application for an exclusive use
permit for buildings under this Chapter within four (4) days after
the filing of the application, unless the time for such granting or
denial of the permit has been waived by the applicant in writing.
The decision granting or denying such application shall be mailed
to the applicant.
B. The Director shall grant the application when the application contains information showing that the number of persons expected at the activity complies with the occupancy load of the building as defined in Chapter
405 of this Code, and upon granting such permit, may impose reasonable requirements and conditions concerning the use of such building with respect to time and duration of use and number of persons allowed in the building.
C. The
Director may grant the application for a building other than that
applied for with the consent of the applicant, in the event that a
permit has already been issued for such building or that the building
does not meet the occupancy load requirements. In the event that more
than one (1) application is received for one (1) building for use
at the same time, the Director shall act first on the application
first received.
D. The
Director shall deny the application if he/she finds that any of the
following conditions exist:
1. No building with the required occupancy load capacity is available.
2. The applicant refuses to agree in writing to comply with the conditions
in the permit.
3. The applicant fails to file a timely application, unless waived by
the Director when the applicant waives all rights of appeal.
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Such denial shall specify the grounds therefor.
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[R.O. 2012 §240.120; CC 1975 §21-12; Ord. No. 420 §12]
With respect to park and building permits required by this Chapter,
an applicant may appeal the decision of the Director to the City Council.
The applicant must file such appeal with the City Council within five
(5) days of the Director's mailing of such decision.
[R.O. 2012 §240.130; CC 1975 §21-13; Ord. No. 420 §13]
Upon the granting of a permit under this Chapter, any fees or
deposits required for the use of City personnel, buildings, equipment
and facilities shall be contained in such permit, and such fees or
deposit shall be paid by the applicant within ten (10) days of the
receipt of such permit. If such fees or deposits are not paid within
such ten (10) days, the permit theretofore issued shall be null and
void.
[R.O. 2012 §240.140; CC 1975 §21-14; Ord. No. 420 §14]
All persons to whom an exclusive use permit has been granted
must agree in writing to hold the City harmless and indemnify the
City from any liability for injury to persons or property occurring
as a result of the activity sponsored by the permittee, and each such
person shall be liable to the City for any damage to parks, facilities
and buildings owned by the City, which results from the activity of
the permittee or is caused by any participant in such activity.
[R.O. 2012 §240.150; CC 1975 §21-15; Ord. No. 420 §17]
Violation of any of the terms and conditions of the permit by
the permittee, or any agent, servant or employee of the permittee,
is an ordinance violation.
[R.O. 2012 §240.160; CC 1975 §21-16; Ord. No. 420 §15]
A. Vehicles Generally. No person in a park shall:
1. Fail to comply with all applicable provisions of the State motor
vehicle traffic laws in regard to equipment and operation of vehicles,
together with such regulations as are contained in this Code and other
ordinances of the City.
2. Fail to obey all Traffic Officers and park employees, such persons
being hereby authorized and instructed to direct traffic whenever
and wherever needed in the parks and on the highways, streets or roads
immediately adjacent thereto in accordance with the provisions of
this Chapter and such supplementary regulations as may be issued subsequently
by the Park Director.
3. Fail to observe carefully all traffic signs indicating speed, direction,
caution, stopping or parking, and all others posted for proper control
and to safeguard life and property.
4. Ride or drive a vehicle at a rate of speed exceeding fifteen (15)
miles an hour.
5. Drive any vehicle on any area except the paved park roads or parking
areas, or such other areas as may on occasion be specifically designated
as temporary parking areas by the Director.
6. Park a vehicle in other than an established or designated parking
area, and such use shall be in accordance with the posted directions
thereat and with the instructions of any attendant who may be present.
7. Ride or drive a motorcycle, motorbike or similar vehicle, except
where used to transport invalid persons.
B. Bicycles. No person in a park shall:
1. Ride a bicycle on other than a paved vehicular road or path designated
for that purpose; except, that a bicyclist may wheel or push a bicycle
by hand over any grassy area or wooden trail or on any paved area
reserved for pedestrian use.
2. When riding a bicycle, fail to comply with all traffic rules and
regulations as are applicable to the operation of bicycles on the
City streets.
3. Ride any other person on a bicycle in addition to the rider.
4. Leave a bicycle in a place other than a bicycle rack, when such is
provided and there is a space available.
5. Leave a bicycle lying on the pavement, or in any place or position
where other persons may trip over or be injured by it.
6. Ride a bicycle on any road between sunset or before sunrise, without
an attached headlight plainly visible and without a red taillight
or red reflector plainly visible.
C. Director To Set And Post Rules. The Director shall set and
post rules and regulations for use of the parks.
[R.O. 2012 §240.170; CC 1975 §21-17; Ord. No. 420 §16]
No permit shall be issued authorizing the use of any park or
building thereof, where the activity proposed is to be held for the
sole purpose of advertising or sale of any product, goods, wares,
merchandise, services or event and is designed to be held purely for
private profit.
[R.O. 2012 §240.180; CC 1975 §21-18; Ord. No. 420 §18]
The use of any system for amplifying sounds, as defined in this
Chapter, whether for speech or music or otherwise, is prohibited in
any park, unless an exclusive use permit is first secured.
[R.O. 2012 §240.190; CC 1975 §21-19; Ord. No. 420 §19]
No person shall play or practice golf or use golf clubs in any
area of a park not designated for such use.
[R.O. 2012 §240.200; CC 1975 §21-20; Ord. No. 420 §20]
No person shall operate any motor-driven model airplane in a
park.
[R.O. 2012 §240.210; CC 1975 §21-21; Ord. No. 420 §22]
No person within any park shall leave any garbage, trash, cans,
bottles, papers or other refuse, elsewhere than in the receptacles
provided therefor.
[R.O. 2012 §240.220; CC 1975 §21-22; Ord. No. 420 §23]
No person within any park or building shall use or attempt to
use or interfere with the use of any table, space or facility within
such park or building which, at the time, is reserved for any other
person or group which has received a permit from the Director therefor,
unless the actual use of such table, space, area, building or facility
referred to in any such permit is commenced within an hour after the
period covered by such permit begins. Such permit shall thereupon
be void, and all rights under such permit may be canceled by the Director.
[R.O. 2012 §240.230; CC 1975 §21-23; Ord. No. 420 §24]
No person shall engage in any activity in a park contrary to
the standards and guidelines set forth by the Director.
[R.O. 2012 §240.240; CC 1975 §21-24; Ord. No. 420 §25]
No person shall discharge or shoot any firearm, air gun, slingshot
or bow and arrow in any park, except at places designated and posted
specifically for such purpose.
[R.O. 2012 §240.250; CC 1975 §21-25; Ord. No. 420 §26]
No person, other than a duly authorized City employee in the
performance of his/her duty or persons participating in City sponsored
activities, shall dig, remove, destroy, disfigure, injure, mutilate
or cut any tree, plant, shrub, bloom or flower, or any portion thereof,
growing in any park.
[R.O. 2012 §240.260; CC 1975 §21-26; Ord. No. 420 §27]
No person in a park shall hunt, molest, harm, frighten, kill,
trap, chase, tease, shoot or throw missiles at any animal, reptile
or bird, nor shall he/she remove or have in his/her possession the
young of any wild animal, or the eggs or nest or young of any reptile
or bird; provided, that snakes known to be deadly poisonous, such
as rattlesnakes, or other deadly reptiles may be killed on sight.
No person in a park shall give or offer or attempt to give to any
animal or bird any tobacco, alcohol or other known noxious substances.
[R.O. 2012 §240.270; CC 1975 §21-27; Ord. No. 420 §28]
No person, other than a duly authorized City employee in the
performance of his/her duty, shall remove any wood, turf, grass, soil,
rock, sand or gravel from any park or make any excavation by tool,
equipment, blasting or other means or agency.
[R.O. 2012 §240.280; CC 1975 §21-28; Ord. No. 420 §29]
A. No
person, other than a duly authorized City employee in the performance
of his/her duty, shall:
1. Cut, break, injure, deface, disfigure or disturb any rock, building,
bridge, cage, pen, monument, fireplace, sign, fence, bench, railing,
structure, apparatus, equipment or property in a park.
2. Mark or place thereon any mark, writing or printing.
3. Attach thereto any sign, card, display or other similar device, except
as authorized by permit.
4. Erect or maintain any overhead wires through any park, without prior
written permission.
5. Construct or erect any building or structure of whatever kind, whether
permanent or temporary in character, or run or string any public service
utility into, upon or across such lands, except on special written
permit issued.
[R.O. 2012 §240.290; CC 1975 §21-29; Ord. No. 420 §30]
No person shall light or maintain any fire in any park, unless
such fire is maintained only in a stove or fire circle or place provided
for such purpose.
[R.O. 2012 §240.300; CC 1975 §21-30; Ord. No. 420 §31]
No person shall solicit in any manner or for any purpose, or
sell or offer for sale any goods, wares or merchandise, in any park,
except as authorized by permit.
[R.O. 2012 §240.310; CC 1975 §21-31; Ord. No. 420 §32]
A. No
person in a park shall:
1. Throw, discharge or otherwise place, or cause to be placed, in the
waters of any fountain, pond, lake, 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.
2. Have brought in or dump, deposit or leave any bottles, broken glass,
ashes, paper, boxes, cans, refuse or trash, or place such substances
in any waters in or contiguous to any park, or leave such substance
anywhere on the grounds thereof. Such substances shall be placed in
the proper receptacles where these are provided; where receptacles
are not so 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.
3. Litter, soil or defile restrooms. No person over
the age of eight (8) years shall use restrooms and washrooms designated
for the opposite sex.
[R.O. 2012 §240.320; CC 1975 §21-32; Ord. No. 420 §33; Ord. No. 629 §1, 9-7-2010]
A. No
person in a park shall:
1. Have in his/her possession any alcoholic beverages in excess of five
percent (5%) by weight or volume. Picnickers may use beer or wine
with their picnic lunches, as long as they conduct themselves in an
orderly manner.
2. Enter such park under or be under the influence of intoxicating liquor.
3. Have in his/her possession, or set off or otherwise cause to explode
or discharge or burn, any firecrackers, torpedo, rocket or other explosives
or inflammable materials, or discharge them or throw them into any
such area from any land or highway 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 the foregoing standpoints.
4. Suffer or permit any dog under his/her control or care to enter or
remain in a park, unless it is led by a leash of suitable strength
not more than six (6) feet in length; and the owner and the attendant
shall be responsible for any damage caused, in any event, by such
dog, even if on a leash.
5. Play or bet at or against any game which is played, conducted, dealt
or carried on for money, chips, shell, credit or any other representative
of value, or maintain or exhibit any gambling table or other instrument
of gambling or gaming, or play any game prohibited by this Code or
any other ordinance of the City.
6. Sleep or protractedly lounge on the seats, benches or other areas,
or engage in a loud, boisterous, threatening, abusive, insulting or
indecent language or engage in any disorderly conduct or behavior
tending to a breach of the public peace.
7. Remain, stay or loiter in any public park, between dusk to dawn of
the following day, without approval from the Director.
8. Except as otherwise permitted by this Chapter, enter such park having
in his/her possession pre-packaged food and drink items including,
but not limited to, candy, chips, bottled or canned beverages.
[R.O. 2012 §240.330; CC 1975 §21-33; Ord. No. 420 §34]
A. Except
for unusual and unforeseen emergencies, parks shall be open to the
public every day of the year, during hours designated by resolution
of the City Council. The opening and closing hours for each park shall
be posted therein for public information.
B. Any
section or part of the park may be declared closed to the public by
the Director 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 to certain uses, as the Director shall find reasonably
necessary.
C. No
person shall be in any park or section or part of any park:
1. Except during the hours designated for its use.
2. Declared closed to the public, unless he/she shall have a written
permit authorizing his/her presence.
D. The
Director and all recreation and park employees shall, if empowered
to do so, enforce the provisions of this Chapter.
[R.O. 2012 §240.340; CC 1975 §21-34; Ord. No. 420 §35]
The Director and any park attendant or Police Officer shall
have the authority to eject from the park any person acting in violation
of this Chapter. The Director and any park attendant or Police Officer
shall have the authority to seize and confiscate any property, thing
or device, in the park or used in violation of this Chapter. In the
event of resistance to action intended to correct a violation of this
Chapter, either physical or otherwise, the Director or Park Attendants
shall refer the violation to the Police Department.
[R.O. 2012 §240.350; Ord. No. 383 §1, 12-13-1994; Ord. No. 555 §1, 2-7-2006]
The following user fees are hereby established for the reservation
and use of facilities in Hoelzel Park of the City of Normandy.
Facility
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Resident Fees
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Non-Resident Fees
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Large pavilion
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$30.00
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$60.00
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Smaller pavilion(s)
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$25.00 each
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$60.00 each
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Ball field #2
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$10.00 (3 hour rental)
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$20.00 (3 hour rental)
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The applicable fee shall be determined on the basis of the residency
of the person applying to reserve such facilities as of the date an
application is made.
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