[HISTORY: Adopted by the Common Council of the City of Port Washington as Ch. 14 of the 1984 Code. Amendments noted where applicable.]
A. 
Time restrictions; hours of operation.
(1) 
Generally. City parks and public grounds are open to the public year round, but parking areas may be designated for winter use.
(2) 
Hours of operation. All City parks and public grounds shall be closed to all persons between the hours of 10:00 p.m. and 6:00 a.m. year round, except as provided below:
(a) 
Rotary Park, Coal Dock Park and Fisherman's Park shall be closed between the hours of 11:00 p.m. and 6:00 a.m.
(b) 
Specific hours as designated by written permit issued pursuant to Parks and Recreation Board rules and regulations.
B. 
Unlawful conduct.
(1) 
No person shall, within any City park or upon any public grounds:
(a) 
Park any motor vehicle, except within the limits of clearly marked parking areas.
(b) 
Operate any motor vehicle or ride horses, except upon clearly marked public roadways.
(c) 
Operate any motor vehicle upon any roadway or portion thereof at a speed in excess of 20 miles per hour, except that the speed limit for motor vehicles operated within Coal Dock Park shall be 15 miles per hour. Pursuant to § 346.57(5), Wis. Stats., official traffic signs shall be posted giving notice of such zoned speed limits.
[Amended 12-21-2021 by Ord. No. 2021-19]
(d) 
Park any motor vehicle or loiter or lounge within or upon such park or public grounds between 10:00 p.m. and 6:00 a.m., except as allowed by permit issued by authority of the Port Washington Parks and Recreation Board or other duly authorized official of the City of Port Washington, and except in Rotary Park located at the east end of East Grand Avenue, Coal Dock Park and Fisherman's Park in which no person shall park any motor vehicle or loiter or lounge between 11:00 p.m. and 6:00 a.m.
[Amended 7-18-2023 by Ord. No. 2023-14]
(e) 
Carry, keep or use any firearms, bow and arrow, slingshot, trap, gun or other shooting device.
(f) 
Disturb, molest, deface, remove or destroy any trees, shrubs, plants or other natural growth; carve on any rocks, signs, walls or structures; drive nails in trees; or injure or deface in any manner any park building, signs, fences, tables, or other City property.
(g) 
Dig or break up the ground surface.
(h) 
Build any fires, except in fireplaces or grills provided for such purpose, or dispose of live embers of any fire where they may start a grass or forest fire.
(i) 
Leave, throw or break any bottle, box, can, garbage or other object except in clearly marked refuse receptacles.
(j) 
Take, have or keep any dog or cat except upon a leash.
(k) 
Be intoxicated, use vulgar, profane, violent, unreasonably loud or boisterous language or engage in otherwise disorderly conduct.
(l) 
Engage in any lewd or lascivious talk, act or behavior.
(2) 
Prohibited conduct within or from Coal Dock Park.
(a) 
Swimming or diving. No person shall swim, dive, skin dive, scuba dive or bathe within Coal Dock Park, nor shall any person swim, dive, skin dive, scuba dive or bathe in the waters of Lake Michigan or Sauk Creek from any boardwalk, breakwater, bridge, dike, dock, pier, promenade, revetment, seawall, sidewalk, stone barrier, or similar structure in or abutting Coal Dock Park.
(b) 
Skateboarding. No person shall ride, operate, push or travel on a skateboard on any boardwalk, breakwater, bridge, dike, dock, path, pier, promenade, revetment, seawall, sidewalk, stone barrier, trail or similar structure within or abutting Coal Dock Park.
C. 
Alcohol beverage possession and consumption.
[Amended 4-5-2023 by Ord. No. 2023-6]
(1) 
Alcohol beverages allowed. Except as provided in Subsections B and C, the possession or consumption of fermented malt beverages and/or wine is allowed within and upon all City parks and public grounds during park/public grounds hours at Common Council sanctioned or sponsored events, at Parks and Recreation Board sponsored adult programs or events, and by gatherings of between one and 10 adults of legal drinking age.
(2) 
Exceptions; alcohol beverages prohibited. The possession or consumption of fermented malt beverages, intoxicating liquors and/or wine is prohibited within and upon all public beaches, nature preserves, City parking lots, and the following areas:
(a) 
Birchwood Hills Nature Area.
(b) 
Fisherman's Park.
(c) 
Gatzke Nature Area.
(d) 
Hales Trail Community Gardens.
(e) 
Heart of the Harbor plaza.
(f) 
North Beach Park.
(g) 
Oakland Avenue Green.
(h) 
Ozaukee Interurban Trail.
(i) 
Pirates Hollow Community Waterpark, to-wit: the bath house, locker rooms, pool basins, and deck within the fenced area at 201 North Webster Street.
(j) 
Possibility Playground.
(k) 
South Beach Park.
(l) 
Upper Lake Park mountain biking trails.
(3) 
Application and permit forms; issuance; park rules; signs; permit fee. A permit for the reservation of City parks or public grounds and for the possession or consumption of fermented malt beverages and/or wine within and upon such parks or public grounds shall be applied for at and issued by the Parks and Recreation Department. All applications shall be on forms prescribed by the Parks and Recreation Board. All permits shall be issued subject to the terms and conditions specified therein and shall be further subject to all park rules and regulations and City ordinances governing the use of City parks and public grounds generally. Appropriate signs shall be erected at the entrances to the City parks and public grounds giving notice of the need for such permit. The fee for such permit shall be established or revised from time to time by resolution of the Common Council.
D. 
Park police. The Mayor may, upon the request of the Chief of Police or Parks and Recreation Board, appoint a park police officer who shall have all of the powers of a regular police officer for the enforcement of this section.
[Amended 7-18-2023 by Ord. No. 2023-14]
E. 
Definitions. The following words and phrases, when used in this section, shall have the meanings ascribed to them in this Subsection E, except where the context otherwise requires.
[Added 4-5-2023 by Ord. No. 2023-7]
PARK
When used without further qualification, means all lands, structures, equipment, facilities, amenities, and waters which are owned, leased, managed, used or controlled by the City and which are or may be located within an area dedicated to the public or devoted to public use for active or passive recreational activities or special events, but excluding streets, alleys, parking lots, and sidewalks adjoining streets within a park. The term includes lands classified as mini parks, neighborhood parks, neighborhood playgrounds, community parks, or special use parks in the City's 2020 Comprehensive Outdoor Recreation Plan, as supplemented or updated from time to time.
PUBLIC GROUNDS
All lands, structures, equipment, facilities, amenities, and waters to which the general public has access which are owned, leased, managed, used or controlled by the City and which are or may be located within an area dedicated to the public or devoted to public use for active or passive recreational activities or special events, or held as green areas, but excluding parks, streets, alleys, parking lots, and sidewalks adjoining streets within public grounds. The term includes the Recreation Center building at 201 N. Webster Street, lands used for community gardens or public plazas, and lands classified as community playfields, nature preserves, or trails in the City's 2020 Comprehensive Outdoor Recreation Plan, as supplemented or updated from time to time.
[1]
Editor's Note: Original § 14.01, Park and Recreation Board, which immediately preceded this section, was repealed 7-18-2023 by Ord. No. 2023-14. See now § 8-4, Parks and Recreation Board.
No person shall permit any dog or cat, whether leashed or not, to enter upon the Lower Lake Park from the access road to the north to East Jackson Street to the south, unless such dog or cat shall be confined within a motor vehicle.
A. 
Rules and regulations governing the Ozaukee Interurban Trail; intent or purpose. The following rules and regulations shall apply exclusively to that portion of the Ozaukee Interurban Trail lying within the jurisdictional limits of the City of Port Washington and are established for the purpose of the operation and use of that multi-use transportation/recreational trail in an orderly and efficient manner. These rules and regulations are necessary to protect and promote the general welfare, peace, safety, good order and prosperity of the City, its inhabitants, visitors and all persons using the trail and to preserve and maintain the trail in good condition. The Parks and Recreation Board shall administer said portion of the Ozaukee Interurban Trail as a designated multi-use trail.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DESIGNATED CROSSING AREAS
Areas on the Ozaukee Interurban Trail, authorized by the County of Ozaukee, the City or participating municipalities and designated by appropriate signage, where pedestrians, motor vehicles, or other vehicles may enter and cross the Ozaukee Interurban Trail.
MOTOR VEHICLE
Includes all motorized automobiles, truck, all-terrain vehicle, snowmobile, motorcycle, trailer, wagon, moped, airplane or any other motorized mode of transportation not listed.
OZAUKEE INTERURBAN TRAIL
That parcel of land owned, leased or obtained by easement by the County of Ozaukee and participating municipalities.
PERSON
Includes any individual, firm, partnership, corporation, limited liability companies (LLCs), limited liability partnerships (LLPs) or other association of persons, and the singular number includes the plural.
C. 
General rules.
(1) 
Rules for use.
(a) 
To ensure the safety of persons using the Ozaukee Interurban Trail, § 400-1 of the Municipal Code of the City of Port Washington, adopting Wisconsin Statutes Chapters 340 to 348 and Wisconsin Administrative Code Chapter Trans 305, shall apply.
(b) 
All persons using the Ozaukee Interurban Trail must abide by the posted signage on or for the use of the Ozaukee Interurban Trail, including but not limited to those signs relating to the use of protective helmets within the City as required by § 152-2 of the Municipal Code.
(2) 
Prohibited uses.
(a) 
No motor vehicles are authorized for operation on the Ozaukee Interurban Trail except for police, emergency, and rescue vehicles, authorized maintenance vehicles and motorized wheelchairs.
(b) 
No horses or horseback riding is allowed on the Ozaukee Interurban Trail.
(c) 
No pets shall be allowed on the Ozaukee Interurban Trail unless restrained upon a leash not more than 10 feet in length. It is the pet owner's obligation to pick up and remove all fecal matter from his or her pet immediately after such animal has deposited it, except in the case of a service animal where the animal's owner is blind or otherwise not physically able to remove the material.
[Amended 7-18-2023 by Ord. No. 2023-14]
(d) 
No fires are permitted within the boundaries of the Ozaukee Interurban Trail.
(e) 
The use of all fireworks, air guns, paintball guns, firearms, projectile devices or archery equipment is prohibited within the boundaries of the Ozaukee Interurban Trail.
(f) 
Hunting or trapping is not permitted within the boundaries of the Ozaukee Interurban Trail.
(g) 
No soliciting or commercial enterprise is allowed within the boundaries of the Ozaukee Interurban Trail.
(h) 
No unauthorized vehicle or piece of equipment may be parked or be permitted to remain standing on any portion of the Ozaukee Interurban Trail or access point so as to obstruct or limit passage along the trail or access point.
(i) 
No person may carry, have in his/her possession or have under his/her control any firearms, air gun, paintball gun, projectile devices or archery equipment, unless it is unloaded and within a case, within the boundaries of the Ozaukee Interurban Trail.
(j) 
Any unauthorized vehicle or piece of equipment having a height more than 12 feet above the original ground grade level is not permitted on the Ozaukee Interurban Trail.
(k) 
The use of kites, model airplanes or similar objects is not permitted on the Ozaukee Interurban Trail.
(l) 
It is prohibited to soil, deface, injure, damage, upset or remove any building, fence, fountain, bench, table, vegetation or other object situated, used or kept upon the Ozaukee Interurban Trail, unless authorized by the County of Ozaukee, the City or participating municipalities.
(m) 
It is prohibited to leave, dispose of, throw or break any bottle, box, can or any other container or object on the Ozaukee Interurban Trail, or at any other place adjacent to the Ozaukee Interurban Trail, except in clearly marked refuse receptacles provided for that purpose.
(n) 
It is prohibited to climb on any portion of any bridge on the Ozaukee Interurban Trail.
(3) 
Group use by permit.
(a) 
Reserve use. Any group may request to reserve the use of a designated area or portion of the Ozaukee Interurban Trail within the City, provided that:
[1] 
The Parks and Recreation Board must receive the submission of a formal written request no later than 60 days prior to the planned use;
[2] 
Written approval must be obtained for any group use of the Ozaukee Interurban Trail within the City;
[3] 
A fee may be charged as part of the approval process; and
[4] 
All group use requests are approved at the discretion of the Parks and Recreation Board.
D. 
Penalties. Any person who violates any of the provisions of the rules and regulations governing the Ozaukee Interurban Trail shall, upon conviction thereof, forfeit not less than $25 nor more than $500 for each such violation in addition to the costs of prosecution, and, in the case of default in payment of such forfeiture and costs, such person shall be imprisoned in the county jail for a term not exceeding five days.
E. 
Municipal jurisdiction. The City of Port Washington shall maintain that portion of the Ozaukee Interurban Trail lying within the City's jurisdiction limits and shall protect the public safety thereon using the codes and standards set forth in this section.
F. 
County jurisdiction. Within the limits of towns or unincorporated areas, the County of Ozaukee shall maintain the Ozaukee Interurban Trail and shall protect the public safety thereon.