[HISTORY: Adopted by the Common Council of the City of Watertown
as indicated in article histories. Amendments noted where applicable.]
[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:
A weapon which expels a missile by the expansion of compressed
air or other gas.
Includes cats, dogs, horses, any fowl or birds and any living
creatures within the jurisdiction of the park or recreation area.
The City of Watertown Park, Recreation and Forestry Commission
or its designee.
Any crossing, whether marked by a pavement or otherwise;
the extension to any sidewalk space across any intersecting drive,
street or highway.
Any boundary of any street, road, avenue, boulevard or drive,
whether or not marked by a curb.
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.
The City of Watertown Park, Recreation and Forestry Department.
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.
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.
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.
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.
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.
Any person employed by the Department as a park attendant
to perform duties or tasks within the parks and recreation areas.
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.
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.
Any footpath, walk or any path maintained for pedestrians.
A person afoot.
Any written license issued by or under the authority of the
approving governing agency permitting a special event or activity
on park facilities.
Any natural person, corporation, company, association, joint-stock
association, firm, partnership, limited liability company or limited
liability partnership.
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.
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.
A weapon which expels a missile by the action of a spring.
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.
Pedestrians, ridden or herded animals and vehicles, either
singly or together.
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.
Selling or trading any item or service.
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.
[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]
(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 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.
[Amended 7-5-2022 by Ord. No. 22-63]
(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 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 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 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, 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.
[Amended 7-5-2022 by Ord. No. 22-63]
(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.
[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 along with
an administrative filing fee as set by the Common Council and provided
under separate fee schedule. The City Clerk 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 and issue copies of same to the Police Chief and
City Attorney.
[Amended 10-4-2016 by Ord. No. 16-18; 7-5-2022 by Ord. No. 22-63]
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:
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 except for City-facilitated
events where no commission would be required. 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 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.
[Amended 8-3-2021 by Ord. No. 21-34; 7-5-2022 by Ord. No. 22-63]
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.
