[CC 2000 §235.010; CC 1990 §220.010; Ord. No. 176 §2, 1-12-1956]
Because of the small size of the parks of the City, the parks
therein have been established for the benefit of the residents of
the City. The use of all parks located in the City is, therefore,
limited to persons residing within the City limits.
[CC 2000 §235.020; CC 1990 §220.020; Ord. No. 176 §3, 1-12-1956]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural include the singular number,
and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CITY
The City of Pagedale, Missouri.
DIRECTOR
A person immediately in charge of any park area and its activities
and to whom all park attendants of such area are responsible.
PARK
A park, reservation, playground, beach recreation center
or any other area in the City owned or used by the City, and devoted
to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
[CC 2000 §235.030; CC 1990 §220.030; Ord. No. 176 §4, 1-12-1956]
A. No
person in a park shall:
1. Buildings and other property.
a. Disfiguration and removal. Willfully mark, deface,
disfigure, injure, tamper with or displace or remove any building,
bridges, tables, benches, fireplaces, railings, paving or paving material,
water lines 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. Restrooms and washrooms. Fail to cooperate in maintaining
restrooms and washrooms in a neat and sanitary condition. No person
over the age of seven (7) years shall use the restrooms and washrooms
designated for the opposite sex.
c. Removal of natural resources. Dig or remove any
beach sand, whether submerged or not, or any soil, rock, stones, trees,
shrubs or plants, down-timber or other wood or materials or make any
excavation by tool, equipment, blasting or other means or agency.
d. Erection of structures. 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 hereunder.
2. Trees, shrubbery, lawns.
a. Injury and removal. Damage, cut, carve, transplant
or remove any tree or plant or injure the bark or pick the flowers
or seeds of any tree or plant. Nor shall any person attach any rope,
wire or other contrivance to any tree or plant. A person shall not
dig in or otherwise disturb grass areas or in any other way injure
or impair the natural beauty or usefulness of any area.
b. Climbing trees, etc. Climb any tree or walk, stand
or sit upon monuments, vases, fountains, railing fences or gun carriages
or upon any other property not designated or customarily used for
such purposes.
c. Hitching of animals. Tie or hitch a horse or other
animal to any tree or plant.
3. Wild animals, birds, etc.
a. Hunting. Hunt, molest, harm, frighten, kill, trap,
chase, tease, shoot or throw missiles at any animals, 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;
nor shall he/she collect, remove, have in his/her possession, give
away, sell or offer to sell, or buy or offer to buy, or accept as
a gift any specimen alive or dead of any of the group of tree snails.
Exception to the foregoing is made in that snakes known to be deadly
poisonous, such as rattle snakes, moccasins, coral snakes, copper
heads or other deadly reptiles, may be killed on sight.
b. Feeding. Give or offer or attempt to give to any
animal or bird any tobacco, alcohol or other known noxious substances.
[CC 2000 §235.040; CC 1990 §220.040; Ord. No. 176 §5, 1-12-1956]
A. No
person in a park shall:
1. Pollution of waters. Throw, discharge, or otherwise
place or cause to be placed in the waters of any fountain, pond, lake,
stream, bay or other body of water in or adjacent to any park or any
tributary, 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 said waters.
2. Refuse and trash. Have brought in or shall dump,
deposit or leave any bottles, broken glass, ashes, paper, boxes, cans,
dirt, rubbish, waste, garbage or refuse or other trash. No such refuse
or trash shall be placed in any waters in or contiguous to any park
or left anywhere on the grounds thereof, but 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.
[CC 2000 §235.060; CC 1990 §220.060; Ord. No. 176 §7, 1-12-1956]
A. No
person in a park shall:
1. Hunting and firearms. Hunt, trap or pursue wildlife
at any time. No person shall use, carry or possess firearms of any
descriptions, or air rifles, spring guns, bow and arrows, slings or
other forms of weapons potentially inimical to wildlife and dangerous
to human safety, or any instrument that can be loaded with and fire
blank cartridges, or any kind of trapping device. Shooting into park
areas from beyond park boundaries is forbidden.
2. Picnic areas and use.
a. Regulated. Picnic or lunch in a place other than
those designated for that purpose. Attendants shall have the authority
to regulate the activities in such areas when necessary to prevent
congestion and to secure the maximum use for the comfort and convenience
of all. Visitors shall comply with any directions given to achieve
this end.
b. Availability. Use any tables, barbecue pits or
shelters without first having obtained a permit from the Director.
c. Duty of picnicker. Leave a picnic area before the
fire is completely extinguished and before all trash in the nature
of boxes, papers, cans, bottles, garbage and other refuse is placed
in the disposal receptacles where provided. If no such trash receptacles
are available, then refuse and trash shall be carried away from the
park area by the picnicker to be properly disposed of elsewhere.
3. Games. Take part in or abet the playing of any
games involving thrown or otherwise propelled objects such as balls,
stones, arrows, javelin or model airplanes except in areas set apart
for such forms of recreation. The playing of rough or comparatively
dangerous games such as football, baseball and quoits is prohibited
except on the fields and courts or areas provided therefore. Roller
skating shall be confined to those areas specifically designated for
such past-time.
[CC 2000 §235.070; CC 1990 §220.070; Ord. No. 176 §8, 1-12-1956; Ord. No. 315 §1, 8-12-1965]
A. No
person in a City park shall:
1. Fireworks and explosives. Have in his/her possession
or set off or otherwise cause to explode or discharge or burn any
firecrackers, torpedo, rocket, or other fireworks or explosives of
inflammable material, or discharge them or throw them onto any such
area from 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.
2. Domestic animals. Domestic animals are not allowed
in City parks.
3. Reservation of facilities. Enter into or loiter
or remain in any park structure thereof which may be reserved and
designated by the Board for the use of the opposite sex. Exception
is made for children under seven (7) years of age.
4. Alms. Shall solicit alms or contributions for any
purpose, whether public or private.
5. Fires. Build or attempt to build a fire except
in such areas and under such regulations as may be designated by the
City. No person shall drop, throw or otherwise scatter lighted matches,
burning cigarettes or cigars, tobacco paper or other inflammable material
within any park area or on any highway, road or street abutting or
contiguous thereto.
6. Closed areas. Enter an area posted as "Closed to
the Public", nor shall any person use or abet the use of any area
in violation of posted notices.
7. Interference with permittees. Disturb or interfere
unreasonably with any person or party occupying any area or participating
in any activity under the authority of a park permit.
[CC 2000 §235.080; CC 1990 §220.080; Ord. No. 176 §9, 1-12-1956]
A. No
person in a park shall:
1. Vending and peddling. Expose or offer for sale
any article or thing nor shall he/she station or place any stand,
cart or vehicle for the transportation, sale or display of any such
article or thing. Exception is here made as to any regularly licensed
concessionaire acting by and under the authority and regulation of
the City.
2. Advertising. Announce, advertise or call the public
attention in any way to any article or service for sale or hire.
3. Signs. Paste, glue, tack or otherwise post any
sign, placard, advertisement or inscription whatever, nor shall any
person erect or cause to be erected any sign whatever on any public
lands or highways or roads adjacent to a park.
[CC 2000 §235.090; CC 1990 §220.090; Ord. No. 176 §10, 1-12-1956; Ord. No. 955 §1, 9-9-1991]
A. Hours. Except for unusual and unforeseen emergencies, parks
shall be open to the residents of the City every day of the year during
designated hours. The opening and closing hours for each individual
park shall be posted therein for public information.
B. Closed Areas. Any section or part of any park may be declared
closed to the public by the City 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
City shall find reasonably necessary.
C. Permit. A permit shall be obtained from the City before
participating in the following park activity:
1. Application. A person seeking issuance of a permit
hereunder shall file an application with the City. The application
shall state:
a. The name and address of the applicant;
b. The name and address of the person, persons, corporation or association
sponsoring the activity, if any;
c. The day and hours for which the permit is desired;
d. The park or portion thereof for which such permit is desired;
e. An estimate of the anticipated attendance; and
f. Any other information which the City shall find reasonably necessary
to a fair determination as to whether a permit should be issued hereunder.
2. Standards for issuance. The City may issue a permit
hereunder when it finds:
a. The proposed activity or use of the park will not unreasonably interfere
with or detract from the general public enjoyment of the park.
b. The proposed activity and use will not unreasonably interfere with
or detract from the promotion of public health, welfare, safety and
recreation.
c. The proposed activity will not entail unusual, extraordinary or burdensome
expense or Police operation by the City.
d. The proposed activity or use is not reasonably anticipated to incite
violence, crime or disorderly conduct.
e. The facilities desired have not been reserved for other use at the
day and hour required in the application.
f. The fee to reserve usage of the City's Baerveldt Park and baseball
diamonds shall be fifty dollars ($50.00) per day for the entire park.
3. Appeal. Within ten (10) days after receipt of an application the City shall apprise an applicant in writing of its reason(s) for refusing a permit, and any aggrieved person shall have the right to appeal in writing within ten (10) days to the Board of Alderpersons which shall consider the application under the standards set forth in Subsection
(C)(2)(b) hereof and sustain or overrule the City's decision within five (5) days. The decision of the Board of Alderpersons shall be final.
4. Effect of permit. 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.
5. Liability of permittee. The person or persons to
whom a permit is issued shall be liable for any loss, damage or injury
sustained by any person whatever by reason of the negligence of the
person or persons to whom such permit shall have been issued.
6. Revocation. The City shall have the authority to
revoke a permit upon a finding of violation of any rule or ordinance
or upon good cause shown.