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City of Watertown, WI
Jefferson/Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Watertown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcohol beverages — See Ch. 220.
Domestic animals — See Ch., 228, Art. III.
Littering — See Ch. 362.
Peace and good order — See Ch. 410.
Music in public places; special events license — See Ch. 428, Arts. I and II.
Annual Riverfest Celebration — See Ch. 428, Art. IV.
Transient merchants — See Ch. 480.
[Adopted by Ord. No. 97-59 (Title 11, Part G, of the former City Code)]
The purpose of these park regulations is to provide rules and regulations for the use of and conduct in the parks and recreation areas of the City; to protect parks and recreation areas of the City from fire, abuse and desecration and to provide for the recreational use of these areas; to control and regulate traffic and maintain general order therein; and to further the safety, health, comfort, morals and welfare of all persons while within the limits of the parks and recreation areas.
These park regulations shall apply in all parks and recreation areas under the jurisdiction of the City, unless expressly exempted. For the issuance of permits, temporary designations, authorizations, granting of approval and other actions, authority shall be vested in the approving governing agency, the Director or their designee.
[Amended by Ord. No. 12-30]
As used in this article, the following terms shall have the meanings indicated:
AIRGUN
A weapon which expels a missile by the expansion of compressed air or other gas.
ANIMALS
Includes cats, dogs, horses, any fowl or birds and any living creatures within the jurisdiction of the park or recreation area.
APPROVING GOVERNING AGENCY
The City of Watertown Park, Recreation and Forestry Commission or its designee.
CROSSING
Any crossing, whether marked by a pavement or otherwise; the extension to any sidewalk space across any intersecting drive, street or highway.
CURB
Any boundary of any street, road, avenue, boulevard or drive, whether or not marked by a curb.
DANGEROUS WEAPON
Any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
DEPARTMENT
The City of Watertown Park, Recreation and Forestry Department.
DIRECTOR
The Director of the City of Watertown Park, Recreation and Forestry Department. In the absence of said employee or a vacancy in the position, the Assistant Director shall serve as Director.
FIREARM
Any instrument used in the propulsion of a bullet, shot, slug or other projectile by the force or action of gunpowder exploded or burned in it, except a weapon as defined below.
GREAT BODILY HARM
Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
LAW ENFORCEMENT OFFICER
Any person employed by the State of Wisconsin or any political subdivision of this state for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.
MERCHANDISE
Personal property of any kind, including food, beverages, merchandise, goods or materials provided incidental to services offered or sold. This sale of merchandise includes donations required by the seller for the retention of goods or services by a donor or prospective customer.
PARK ATTENDANT
Any person employed by the Department as a park attendant to perform duties or tasks within the parks and recreation areas.
PARK EVENT
Celebrations, special events, company or church picnics, gatherings of organizations or associations, family reunions and other similar activities requiring additional personnel, equipment or services of the Department or police protection/crowd control.
PARKS AND RECREATION AREAS
Those areas within the jurisdiction of the approving governing agency and owned or leased by the City of Watertown, whether or not such areas are located within the corporate limits of the City of Watertown. Such areas shall be designated on the official map of the approving governing agency.
PATH
Any footpath, walk or any path maintained for pedestrians.
PEDESTRIAN
A person afoot.
PERMIT
Any written license issued by or under the authority of the approving governing agency permitting a special event or activity on park facilities.
PERSON
Any natural person, corporation, company, association, joint-stock association, firm, partnership, limited liability company or limited liability partnership.
ROADWAY
That portion of all public ways and thoroughfares and bridges on the same between the regularly established curblines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder.
SOLICITING
Persons selling goods or services by sample or taking orders for future delivery with or without accepting advance payment for the goods. Persons seeking any form of contributions.
SPRING GUN
A weapon which expels a missile by the action of a spring.
STOPPING OR STANDING WHEN PROHIBITED
Any cessation of movement of a vehicle, occupied or not, except when necessary to avoid conflict with pedestrians or other traffic, including horses and bicycles.
TRAFFIC
Pedestrians, ridden or herded animals and vehicles, either singly or together.
VEHICLE
Any conveyance (except baby carriages), including motor vehicles, trailers of all types, campers, tricycles, bicycles (motorized or not), sleds, sleighs, pushcarts, vehicles propelled by other than muscular power, or any horse or horse-drawn conveyance.
VENDING
Selling or trading any item or service.
WEAPON
A handgun; an electric weapon, as defined in § 941.295(1c)(a), Wis. Stats.; a knife with a blade longer than six inches, other than a switchblade knife as defined in § 941.24, Wis. Stats.; or a billy club.
It shall be unlawful for any person in a park or recreation area to:
A. 
Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, playground equipment, bridges, tables, benches, fireplaces, railings, 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.
B. 
Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex.
C. 
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, unless specifically authorized by the approving governing agency.
D. 
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, unless specifically authorized by the approving governing agency.
E. 
Damage, cut, carve, mark, transplant or remove any plant, or injure the bark or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any park or recreation area.
F. 
Climb any tree or walk, climb, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purpose.
G. 
Attach any rope or cable or other contrivance to any tree, fence, railing, bridge, bench or other structure.
H. 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountains, pond, lake, stream, river or other body of water in or adjacent to any park or recreation area 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 said waters.
I. 
Take into, carry through, or put into any park or recreation area any rubbish, refuse, garbage or other material. Such refuse and rubbish generated from the use of the parks by any person shall not be scattered, dropped or left within the parks or recreation areas except in receptacles provided for that purpose. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park or recreation area by the person responsible for its presence and properly disposed of elsewhere.
J. 
Bring any glass beverage container into any park or recreation area.
K. 
Cause or permit any animal to run loose.
L. 
Tie or hitch an animal to any tree or plant.
M. 
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall a person remove or have in one's possession the young of any wild animal or the eggs or nest or young of any reptile or bird.
N. 
Ride a horse except on designated bridle trails; horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to graze or go unattended.
O. 
Allow any domestic animal under that person's control to be present within any public park or recreation area, other than those areas which the Director or his designee has designated for the purpose of walking animals. Any such animals shall be required to be on a leash and may not run at large. Owners of dogs within the secured confines of the public parks property generally known as the "Boomer Street Dog Park" shall be exempt from this subsection.
[Amended 9-2-2014 by Ord. No. 14-21]
P. 
Play live, recorded or transcribed music on radios, compact discs, audio tapes, or by any other means, at a volume high enough as to interfere with the enjoyment of the park by other persons or groups.
Q. 
Interfere with or in any manner hinder any park attendant or employee of the Department in the performance of his or her duties.
[Amended by Ord. No. 12-30]
It shall be unlawful for any person in a park or recreation area to:
A. 
Drive motor vehicle on park grounds. Drive or operate or park any motor vehicle on any area except the paved streets or paved parking areas within any park or recreation area and in such other areas as may on occasion be specifically designated as temporary parking areas with appropriate signage, unless a permit has been issued by the Director.
(1) 
The Director may issue a permit to allow a person to drive or operate any motor vehicle in any area of a park or recreation area other than the public roadways for the purpose of loading or unloading personal property or passengers.
(2) 
Any motor vehicle issued a permit under this section while traveling on any such areas other than public streets or roadways shall be accompanied by a walking escort leading the vehicle to its destination and shall have the permit prominently displayed on said vehicle at all times while on park or recreation area grounds.
B. 
Parking motor vehicle on park grounds. Park a motor vehicle anywhere in any public park or recreation area except in a designated parking area, unless a permit has been issued therefor by the Director.
(1) 
The Director may issue a permit to allow a person to park or leave standing any motor vehicle in any area of a park or recreation area, other than the public roadways, for the purpose of providing event support, a source of electrical current or refrigeration facilities for special events or activities.
(2) 
Any motor vehicle issued a permit under this section while traveling on any such areas other than public streets or roadways shall be accompanied by a walking escort leading the vehicle to its destination and shall have the permit prominently displayed on said vehicle at all times while on park or recreation area grounds.
C. 
Discharging motor oil prohibited. Intentionally discard or discharge motor oil or any other vehicle fluid in a park or recreation area.
D. 
Vehicle washing prohibited. Wash the exterior of a vehicle or any holding tanks for sanitary waste, or to empty sanitary waste from a vehicle, motor home or camper within a park or recreation area.
E. 
Vehicle maintenance prohibited. Perform any type of vehicle maintenance activity which would involve changing of fluids, opening an engine access panel, removing or elevating one or more tires or a portion of the vehicle, or crawling beneath a vehicle within a park or recreation area, except in an emergency situation.
F. 
Exceptions. Subsections A and B of this section shall not apply during the period of the Riverfest Celebration as regulated by Chapter 428, Article IV, of the City's Code.
[Amended by Ord. No. 12-30]
A. 
No person may go armed with a concealed and dangerous weapon in any public park or public recreation area within the City unless such person qualifies under the exceptions below:
(1) 
A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed weapon, if § 941.23(1)(g)2 through 5 and (2)(b)1 to 3, Wis. Stats., apply.
(2) 
A qualified out-of-state law enforcement officer, as defined in § 941.23(1)(g), Wis. Stats., to carry a concealed weapon, if § 941.23(2)(b)1 to 3, Wis. Stats., apply.
(3) 
A former law enforcement officer, as defined in § 941.23(1)(c), Wis. Stats., to carry a concealed weapon, if § 941.23(2)(c)1 to 7, Wis. Stats., apply.
(4) 
A licensee, as defined in § 175.60(1)(d), Wis. Stats., or an out-of-state licensee, as defined in § 175.60(1)(g), Wis. Stats., to carry a concealed weapon as permitted under § 175.60, Wis. Stats.
B. 
No person, except in the exercise of lawful authority, shall fire or discharge any weapon, firearm, spring gun or airgun, slingshot, bow or crossbow of any description in any public park or public recreation area within the City.
C. 
Exception. Official starter guns, which are loaded with blank cartridges, are allowed at authorized track and field events and are excepted from the restrictions of this section.
[Amended by Ord. No. 12-30]
A. 
No person shall post, paint, affix, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular or advertisement.
B. 
No person shall do any of the following without a permit, provided that no permit shall be required for any action or event sponsored by the City or the approving governing agency:
(1) 
Display any advertising signs or other advertising matter, provided that a sign attached to a vehicle to identify the vehicle or a sign lawfully on a taxi or bus is not prohibited.
(2) 
Operate for advertising purposes any musical instrument, soundtrack or drum.
(3) 
Hold unlawful public assemblies.
(4) 
Conduct exhibitions.
(5) 
Hold a parade.
C. 
Amplified music permit. No public address systems or sound-amplification devices shall be used in any public park or public recreation area within the City of Watertown except as permitted by this section. The Director may issue permits in accordance with this section. A permit shall not exempt the holder from the provisions of § 410-40 regulating loud and unnecessary noise.
(1) 
Application for permission to use such systems or devices shall be made to the Director on forms supplied by the Park, Recreation and Forestry Department. Such application forms shall include the name of the organization seeking such permission, the name and address of the person responsible for the activity, and the date or dates of the proposed activity. A permit fee as set by the Common Council and provided under separate fee schedule shall accompany the application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The Director shall establish the hours of operation and location within any given park within the City of any such system or devices so as to ensure the benefit of such system or devices to the group seeking its use and to minimize any unreasonable interference with the peace and enjoyment of other uses of the park or recreation area and those residing adjacent to such park. Only the hours of operation and location of such system or equipment may be regulated by this section. The hours of amplified sound shall be between 8:00 a.m. and 11:00 p.m., with the express provision that private parties shall be designated closer to 10:00 p.m. as a termination time, whereas more community-oriented events sponsored by fraternal or nonprofit organizations or religious or veterans organizations that have a wider community-based appeal shall be designated closer to 11:00 p.m. as a termination time. The Director shall consider the applications in the order they are received on a "first-come, first-issued" basis.
(3) 
The decision of the Director may be appealed to the Park, Recreation and Forestry Commission of the City. Any aggrieved applicant shall, in writing, notify the Director of the appeal within five days of the Director's decision, stating in such notice the decision appealed from and the reasons why such decision should be changed or modified. Within two working days thereafter, the Director shall file such appeal notice with the Chairperson of the Park, Recreation and Forestry Commission, who shall schedule a time for the matter to be heard. The applicant shall be given at least five business days' notice of the hearing time and date and may be represented by counsel, may cross-examine the witnesses, and may present witnesses. The proceeding shall be recorded. Within five days after the date of the hearing, the Park, Recreation and Forestry Commission shall file a written decision in this matter with the City Clerk/Treasurer and shall cause a copy of the same to be mailed to the applicant by regular mail at the applicant's address listed in the application.
(4) 
The decision of the Park, Recreation and Forestry Commission may be appealed to the Watertown Common Council, whose decision shall be final. The appeal to the Common Council shall be upon the record of the hearing made before the Park, Recreation and Forestry Commission. The applicant shall, in writing, notify the City Clerk/Treasurer of such appeal within five days of the decision of the Park, Recreation and Forestry Commission and shall, within 20 days thereafter file with the City Clerk/Treasurer the original and five copies of the transcript of the record made before the Park, Recreation and Forestry Commission at the hearing. The City Clerk/Treasurer shall then cause the matter of the appeal to be placed on the agenda of the Common Council at its next regular meeting and shall notify the applicant of the time and place when and wherein such appeal shall be heard. The matter shall be heard by the Common Council solely on the record of the hearing, and no additional testimony shall be permitted before the Common Council. The Chairperson of the Park, Recreation and Forestry Commission or his or her designee and the appellant may present arguments to the Common Council in support of their respective positions. Within five days after the hearing, the Common Council shall file a written decision in the matter with the City Clerk/Treasurer, who shall cause a copy of the same to be mailed to the appellant by regular mail at the appellant's address listed in the application.
(5) 
The Police Department is authorized to require the discontinuance of any such system or devices operating without a permit or outside the prescribed hours of operation or prescribed location within any public park or recreation area within the City. Any person violating the provisions of this Subsection C shall be subject to a forfeiture of not less than $20 nor more than $50.
(6) 
Exemption. The use of personal stereo systems, CD players, iPod®/MP3/iPad® devices, and other personal sound nonamplification equipment is exempt from the provisions of this Subsection C regarding a permit as long as such devices are maintained at a low volume and restricted to the immediate picnic area in the public park or recreation area occupied by the operators of such devices.
No person shall expose or offer for sale or give away any article of merchandise, food, food product or beverage in any park or recreation area without a concessions permit under Article II of this chapter.
No person shall kindle, build, maintain or use a fire except in places provided for such purposes. Any fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished. No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other material within or against any building, boat or vehicle or under any tree or in underbrush.
It shall be unlawful for any person in a park or recreation area to:
A. 
Camp or stay overnight anywhere without prior permission of the Director, except in areas designated for camping or staying overnight in vehicles or trailers.
B. 
Take part in the playing of any games involving horseshoes, weighted darts, bows and arrows, spears, stones or other propelled objects except in those areas designated for such forms of recreation.
C. 
Use roller skates, skateboards, bicycles or in-line skates on any park structures, picnic tables, playground equipment or retaining walls.
D. 
Enter an area posted as "closed to the public."
E. 
Engage in threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace or cause a disturbance.
F. 
Fail to produce and exhibit any permit a person claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule, including park attendants, law enforcement officials or firefighters.
G. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity whether or not under the authority of a permit.
H. 
Erect or occupy any tent, stand or other structure requiring ground stakes longer than 12 inches in length in any park or recreation areas without permission of the Director.
I. 
Operate or ride any bicycle, roller skates, skateboards, in-line skates or any other rideable or wearable recreational wheeled object or device on any portion of the sidewalk or any impervious surface within or adjacent to any shelter, pavilion or band shell at Riverside Park and all riverwalks and adjacent plazas within the City of Watertown Downtown Riverfront.
[Amended 1-6-2015 by Ord. No. 14-35; 1-19-2016 by Ord. No. 16-2]
J. 
Fly or launch any model airplanes, radio-controlled airplanes or model rockets other than in areas designated for such activities.
K. 
Play or practice golf except in areas designated for such activities.
L. 
Ride or operate snowmobiles or all-terrain vehicles (ATVs) except in areas designated for such activities.
M. 
Play or practice basketball at the Riverside Park basketball courts between the hours of 9:00 p.m. and 8:00 a.m.
[Added by Ord. No. 03-24]
It shall be unlawful for any person or group of persons to use the public swimming pools in any park after the same are closed.
[Added by Ord. No. 98-59]
Any person desiring to use any kind of a boat in parks shall abide by the ordinances relating to boating in public places. No boats with motors shall be permitted, except in areas specifically designated for them.
Except for designated camping areas, no person shall be in any park during the hours the park or recreation area is closed, unless specifically authorized by the approving governing agency.
A. 
All parks are closed from 11:00 p.m. to 5:00 a.m., with the exception of the Skate Park located east of Carriage Hill Drive, which shall be closed from 10:00 p.m. until 5:00 a.m., and with the exception of special events or activities authorized and approved by the City Council.
[Amended by Ord. No. 01-21; Ord. No. 05-47]
B. 
Closing hours will be posted at all parks.
The Director or the approving governing agency may from time to time, in the case of an emergency, order any portion of the parks or recreation areas closed to the public, or post closing hour limitations, or control the use of intoxicating beverages, or for safety reasons regulate certain activities as to limitations on designated areas or specific hours of use, if the public interest so requires. It shall be unlawful for any person to interfere with or be present in or to use contrary to such regulations any parks or recreation areas after the same have been posted accordingly.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 5-5-2015 by Ord. No. 15-8]
Separately from any penalties prescribed within this article or the Code, Wisconsin Statutes, or any other applicable rule or regulation, the Chief of Police or any designee thereof may suspend the park privileges of any person found to be, or reasonably believed to be, in violation of City ordinances, state statutes or other applicable rules and regulations within City parks. Any such suspension shall be immediately effective for not less than four days and not more than 14 days and shall be in writing and personally served upon the individual whose privileges are suspended or delivered by First Class Mail to such individual's last known or reasonably ascertainable address. If said individual is a juvenile, notice shall be in writing and personally served upon the juvenile and the juvenile's parent and/or guardian or delivered by First Class Mail to such juvenile's and the juvenile's parent and/or guardian's last known or reasonable ascertainable address. After such service, any reentry into or upon City parks shall constitute a separately citable offense hereunder with penalty pursuant to § 398-17 or 410-23B. Citation for reentry shall also cause the initial term of suspension to be reset and reimposed as of the date of any subsequent reentries.
A. 
Appeal. Any person considering him or herself aggrieved by all or any part of a park use suspension may appeal such action in writing within 72 hours of issuance of written notice of park use suspension. Any such written appeal shall be filed with the City Clerk/Treasurer along with an administrative filing fee as set by the Common Council and provided under separate fee schedule. The City Clerk/Treasurer shall immediately thereafter transmit notice of the appeal and copies of the written appeal submittal to the Director of the Park, Recreation and Forestry Department, Police Chief and City Attorney. The Director of the Park, Recreation and Forestry Department shall convene with the appellant to hear such appeal as soon as practicable following receipt of written notice of appeal. Following consideration, the Director of the Park, Recreation and Forestry Department shall either reverse or affirm the park use suspension action, setting forth the grounds for any such decision in writing. If the park use suspension action is reversed, the administrative filing fee shall be refunded to the payer. The Park, Recreation and Forestry Department shall, by certified First Class Mail, notify the appealing party of its decision within five calendar days following conclusion of any hearing hereunder and file the written decision with the City Clerk/Treasurer and issue copies of same to the Police Chief and City Attorney.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Form and effect of notice. Any notice of suspension shall include a reasonably informative description of the foregoing appeal procedure as well as exact time of effective issuance and duration of the term of suspension. The suspension notice shall have no force or effect during the pendency of any appeal timely and satisfactorily perfected under this section.
C. 
The City elects not to be bound by the provisions of Chapter 68, Wis. Stats., with respect to administrative procedure set forth in this section.
[Amended by Ord. No. 12-30]
A. 
The City Police Department or approving governing agency shall, in connection with its duties imposed by law, diligently enforce the provisions of these park regulations.
B. 
The City Police Department, Director and any park attendant shall have the authority to order any person or persons acting in violation of these park regulations to leave the park or recreation area.
C. 
Any law enforcement officer may issue a municipal citation in the form and manner prescribed in Chapter 33 of this Code for a violation of any of these park regulations and assess a penalty, except for a violation of § 398-5B, which shall require a parking violation citation, enforced pursuant to § 500-14D of this Code.
Any person, firm or corporation violating any provision of these park regulations shall be fined not less than $5 nor more than $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted by Ord. No. 97-59 (§§ 9.05 to 9.07 and 9.20 of the former City Code)]
Permits for events in parks and recreation areas shall be obtained by application to the Director of the Park, Recreation and Forestry Department, in accordance with the following procedure:
A. 
A person seeking issuance of a permit hereunder shall file an application with the Park, Recreation and Forestry Department, stating:
(1) 
The name, address and telephone number of the applicant.
(2) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
(3) 
The day and hours for which the permit is desired.
(4) 
The park or portion thereof for which the permit is desired.
(5) 
Any other information reasonably necessary to make a determination as to whether a permit should be issued hereunder.
(6) 
Variances required from park rules and regulations.
(7) 
Description of all concessions to be sold.
B. 
Standards for issuance of a use permit 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's enjoyment of the park or recreation area.
(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 City.
(5) 
That the facilities desired have not been reserved for other use on the date and hour requested in the application.
C. 
Within 10 days after the receipt of an application, the Director shall tell an applicant in writing of his decision to grant or deny a permit; in the event of a denial the notification shall include the reason for the denial. Any aggrieved person shall have the right to appeal to the approving governing agency by written notice thereof to the Director within five working days of said refusal. The Director shall immediately notify members of the approving governing agency. The approving governing agency shall decide within 10 days from the receipt of the appeal by the Director or at its first meeting after the appeal, whichever is later. The decision of the approving governing agency shall be final.
D. 
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
E. 
An applicant for a permit may be required 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 prior to the commencement of any activity or issuance of any permit.
F. 
The Director of the Park, Recreation and Forestry Department shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
The Director of the Park, Recreation and Forestry Department, hereinafter known as the "Director," or any employee designated by him or her, may make reservations of specific areas in public parks in accordance with the following regulations:
A. 
The times of reservation of each area shall be divided among the organizations applying to use them. In scheduling the times under this subsection, the Director will take into account the hours at which there is demand for the use of the area and divide the hours of greatest demand among various organizations and among persons not involved in organizations.
B. 
Written public records shall be kept of all reservations. Public notices shall be posted of the scheduling policy and of the telephone number to call to make a reservation for any area.
C. 
The charge for the facilities/shelter reservation under this section shall be determined for each individual facility/shelter by the approving governing agency as published by the Department from time to time.
D. 
The Director of the Park, Recreation and Forestry Department shall have the authority to revoke a permit upon a violation of any rule or ordinance or upon good cause shown.
[Amended by Ord. No. 10-26]
A. 
Scope. The provisions of this section shall apply to all public parks and recreation areas owned and controlled by the City of Watertown.
B. 
Sale of merchandise without a concession permit prohibited. No person, firm, corporation or association shall sell or give away any merchandise of any kind in any park or playground without a concession permit, as provided in this section. This section shall not apply to the following situations:
(1) 
The person, club, organization, group or corporation has obtained a temporary retail Class "B" fermented malted beverage ("picnic") license, temporary retail Class "B" wine cooler license or special events license pursuant to § 220-3B(2) or F or Chapter 428, Article II.
(2) 
The person, club, organization, group or corporation has obtained a Park Event Permit pursuant to § 398-18.
(3) 
A person, firm, corporation or association that has the permission of the group that holds a license or permit as listed above in Subsection B(1) or (2). (Note: A transient merchant license may still be needed.)
C. 
Application for permit. Each person, firm or corporation desiring to apply for a permit as a concessionaire to sell or give away merchandise in any park or playground shall file an application with the Director of the Park, Recreation and Forestry Department on a form approved and provided by the Director. The application shall contain the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The location where the applicant proposes to sell or give away merchandise.
(3) 
The articles of merchandise proposed to be sold or given away.
(4) 
The place and time of event or length or duration of the permit.
(5) 
A description of any buildings or equipment owned by the City desired to be used by the concessionaire.
(6) 
The equipment which the concessionaire plans to use, including not only food-preparation and food-serving equipment but also any cart or building proposed to be used in the operation.
(7) 
The prices proposed to be charged for the various items of merchandise, food or beverages.
D. 
Operation not to be changed. Any person receiving a concession permit under this section shall not change any part of the operation described in the application, including equipment, food, beverages or merchandise to be served or prices, without applying for approval of the change and receiving approval of the change from the Director of the Park, Recreation and Forestry Department.
E. 
Fees. Each concessionaire shall pay fees based on a percentage of the total gross sales of the concessionaire. The concessionaire shall report all sales figures for each calendar month not later than the 10th day of the following month. The report shall be accompanied by payment of the fee required by this section. The report and payments shall be made to the Clerk/Treasurer of the City. The concessionaire's fee for any concessionaire not using any building or equipment furnished by the City shall be 5% of the gross receipts and the fees for all other concessionaires shall be 15% of the gross receipts.
F. 
Issuance of concession permits. Permits to concessionaires shall be issued by vote of the Park, Recreation and Forestry Commission, subject to approval by the Common Council. All actions on concession permits shall be taken at a public meeting.
G. 
Duration of concession permit. Each permit to each concessionaire shall expire on December 31 of each year. Applications for new concession permits may be made at any time after November 1. Consideration in renewals will be given to persons having existing concessions, if all other factors are equal.
H. 
Temporary concession permit. A temporary concession permit may be issued for special events. The provisions of this section will be followed in all matters, including the requirement of the payment of fees, provided that the report of the total receipts and the payment of the fees due will be due not more than 10 days after the close of the event for which the temporary concession permit was issued.
I. 
Revocation of concession permit. The Director of the Park, Recreation and Forestry Department shall have the authority to revoke a concession permit upon a violation of any rule or ordinance or upon good cause shown.
J. 
Violations and penalties. Any person, firm or corporation violating any provision of this section shall be fined not less than $5 nor more than $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. This action shall not preclude the City from maintaining any appropriate action to prevent or remove a violation of this article.