[HISTORY: Adopted by the Common Council of
the City of Lodi as § § 11.06 to 11.11, 11.13
and 11.14 of the City Code. Amendments noted where applicable.]
A.
Purpose and definition. In order to protect the parks,
parkways, recreational facilities and conservancy areas within the
City from injury, damage or desecration, these regulations are enacted.
The term "park" as used in this chapter shall include all grounds,
structures and watercourses which are or may be located within any
area dedicated to the public use as a park, parkway, recreation facility
or conservancy district in the City.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump
or deposit any rubbish, refuse, earth or other material in any park.
(2)
Sound devices. No person shall operate or play any
sound-amplifying system unless specific authority is first obtained
from the Parks Committee.
[Amended 3-5-2019 by Ord. No. A-534]
(3)
Pets. No person shall permit any dog, cat or other
animal ("pet") owned by him or in his charge to be present in Glen
View Park, Goeres East Park or Strangeway Park. No person shall permit
any pet to be present in Haberman Park, Veterans' Park and Goeres
West Park except when such pet is on a leash controlled by the owner
or person in charge of the pet. In parks where pets are allowed pursuant
to this chapter, pet waste shall be picked up and properly disposed
of by the owner or person in charge of the pet immediately after it
is deposited.
(4)
Bill posting. No person shall post, paste, fasten,
paint or attach any placard, bill, notice, sign or advertising matter
upon any structure, tree or other natural object in the park, except
park regulations and other signs authorized by the Parks Committee.
[Amended 3-5-2019 by Ord. No. A-534]
(5)
Throwing stones or missiles prohibited. No person
shall throw stones or other missiles in or into any park.
(6)
Removal of park equipment prohibited. No person shall
remove benches, seats, tables or other park equipment from any park.
(7)
Trapping. No person shall trap in any park unless
written authorization is first obtained from the Parks Committee.
[Amended 3-5-2019 by Ord. No. A-534]
(8)
Making of fires. No person shall start, tend or maintain
a fire except in personal grills or designated fireplaces. Personal
grills shall be used only in designated picnic areas. The use of personal
grills is permitted provided lawns and vegetation are not endangered.
Unburned fuel and ashes shall be disposed of in such a manner as to
prevent fire or damage to any park property.
(9)
Protection of park property. No person shall kill,
injure or disturb or attempt to injure or disturb waterfowl, other
birds or animals, wild or domestic, within any park, except as permitted
by this chapter. No person shall climb any tree or remove flowers
or fruit, wild or cultivated, or break, cut down, trample upon, remove
or in any manner injure, deface, write upon or ill use of any tree,
shrub, flower, flowerbed, turf, soil, sand, fountain, ornament, building,
structure, apparatus, bench, table, official notice, sign or other
property within any park.
(10)
Motorized vehicles. Except for authorized maintenance
vehicles, no person shall operate an unlicensed or licensed motorized
vehicle outside of areas specifically designated as parking areas
or areas where the operation of such vehicles is specifically permitted.
Motor vehicles are restricted to the roads and drives and parking
areas. No motor vehicles of any nature may be used on the seeded areas
except vehicles which have a Parks Committee authorization for shows,
rides or exhibits, and then only for the purpose of loading or unloading.
No person shall operate any off-the-road vehicle, motorcycle, trail
bike, all-terrain vehicle, truck or other motorized vehicle in any
park, playground or other public ground where pathways or trails have
been developed and/or designed for walking, hiking, jogging, running,
bicycling, cross-country skiing, sledding or other pedestrian use.
All motorized vehicles are limited to use of roadways specifically
for their own use and according to other restrictions in this Code.
[Amended 3-5-2019 by Ord.
No. A-534]
(11)
Bicycles. No person shall ride a bicycle in a City
park.
(12)
Snowmobiles. No person shall operate a snowmobile
in a City park except on designated snowmobile trails during regular
park open hours.
(13)
Speed limit. No person shall operate any vehicle in
a City park in excess of 15 miles per hour unless otherwise posted.
(14)
Reckless driving in parks prohibited. No person shall
operate a motor vehicle in a reckless manner in any of the parks of
the City.
(15)
Parking in parks. No person shall park any motor vehicle
in any park in the City except in a designated parking area.
(16)
Horse and carriages. No person shall ride a horse
or drive a horse-driven vehicle in any park.
(17)
Removing tree protectors. No person shall remove any
device for the protection of trees or shrubs.
(18)
Golfing and sporting activities. No golfing or practicing
golf in City parks or recreation areas shall be allowed except with
the use of a whiffle ball. All sporting activities must be held in
areas so designated for that purpose.
(19)
Use of firearms or weapons in or near parks or recreation
areas.
[Amended 9-18-2012 by Ord. No. A-437; 6-3-2014 by Ord. No. A-469]
(a)
No person shall throw, shoot or discharge or cause the discharge
of any bullet, pellet, B-B, marble, stone or missile of any sort from
any firearm, slingshot or other weapon within 660 feet of any public
park, recreation area, enclosure or play area owned or controlled
by the City of Lodi and used for recreation or pleasure and that is
located within, or partly within and partly outside, the municipal
boundary of the City of Lodi.
(20)
Fees and charges. The Parks Committee shall have authority
to establish such fees as deemed necessary for use of any park facility,
shelter or land area, subject to the approval of the Common Council.
It shall be unlawful to use such areas without payment of such fee
or charge when required.
[Amended 10-10-2006 by Ord. No. A-361; 3-5-2019 by Ord. No. A-534]
(21)
Hunting on park lands.
[Amended 9-18-2012 by Ord. No. A-437]
(a)
Except as provided in Subsection B(21)(c) herein, no person may hunt or trap on lands located in the municipal parks of the City of Lodi.
(b)
Except as provided in Subsection B(21)(c) herein, no person may have in his or her possession or under his or her control a firearm on land located in the municipal parks of the City of Lodi unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:
[1]
A person employed in the State of Wisconsin by a public agency as
a law enforcement officer and to whom § 941.23(1)(g) 2 to
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 whom § 941.23(2)(b) 1 to 3, Wis. Stats.,
applies.
[3]
A former officer as defined in § 941.23(1)(c), Wis. Stats.,
to whom § 941.23(2)(c) 1 to 7, Wis. Stats., applies.
[4]
A licensee as defined in § 175.60(1)(d), Wis. Stats., or
an out-of-state licensee defined in § 175.60(1)(g), Wis.
Stats., if the firearm is a hand gun.
(c)
A person may hunt or trap in a Lodi municipal park or in a portion
of a municipal park if approved by the Common Council after a recommendation
by the Lodi Parks Committee to adopt a resolution which shall define
the specific species of game and other terms and conditions for the
hunt.
[Amended 3-5-2019 by Ord. No. A-534]
(22)
Fish cleaning. Cleaning of fish in shelters, toilet
facilities or picnic areas is prohibited in all City parks.
(24)
Camping. Overnight camping is not permitted in any
City park.
(25)
Utility installation and construction. Any private
construction which may in any manner encroach upon or affect the parks
and parkways shall be under the direction and jurisdiction of the
Parks Committee, and no such installation, repair or construction
shall commence without written permission therefor from the Parks
Committee. All public works, including construction and installation
of power lines, hydrants, sewers and the like, shall be commenced
only after notice to the Parks Committee of the City's intention to
do so. Where practicable, such construction and installation shall
be performed pursuant to recommendations by the Parks Committee.
[Amended 3-5-2019 by Ord. No. A-534]
(26)
Fermented malt beverages. Beer and wine only, in cans
only, may be consumed in the bleachers along the Goeres Park softball
diamonds during scheduled league softball games.
(27)
Glass containers. No person shall bring into any City
park or have in his or her possession in any City park any glass containers.
No person shall fly a radio-controlled model
airplane or helicopter in any park in the City except in areas specifically
designated and posted for such purpose.
[Amended 3-5-2019 by Ord. No. A-534]
Except as authorized by the Parks Committee,
no person shall dig into the turf of any City-owned property for any
purposes whatsoever or remove any trees or flowers. Absent authorization
by the Parks Committee, the use of metal detectors and digging for
buried objects on City property, except beaches where no vegetation
is present, is prohibited.
A.
Hours designated. Except for authorized events, scheduled
ball games and other special events, and subject to certain exceptions
listed below, all City parks shall be closed from 10:00 p.m. to 5:00
a.m. the following day, and it shall be unlawful to enter in or be
upon any park, playground or swimming pool after the hour designated.
B.
Park closing and opening dates. The Parks Committee
will have full authority to open and close any park, swimming pool,
recreational facility or area because of season, condition, or construction
or when, in the interest of public safety, it is deemed necessary.
[Amended 8-1-2017 by Ord.
No. A-515; 3-5-2019 by Ord. No. A-534]
No person shall operate any ultralight aircraft
or hot air balloons within the City parks.
A.
Policy on reservation. The City-owned park and park
facilities and shelter areas are primarily for the nonexclusive use
of the residents and visitors of the City. However, under proper circumstances,
exclusive use of the same or parts thereof may be permitted. This
section is intended to regulate exclusive use of municipally owned
parks, park facilities, park shelters or parts thereof in the City
to the end that the general welfare of the City is protected.
B.
Fund-raising activities. Notwithstanding any other
language in this Code, fund-raising activities shall not be allowed
in the City of Lodi parks except for activities conducted by nonprofit
organizations which meet all of the following criteria:
(1)
The headquarters of the organization is located within
the geographical limits of the School District of Lodi or, in the
case of an international, national or regional organization, it has
a unit or subdivision with headquarters located within the geographical
limits of the School District of Lodi or, in the case of an organization
which does not have a local headquarters, the majority of the members
of the governing body of the local unit of the organization reside
within the geographical limits of the School District of Lodi.
(2)
The activities of the organization or its local unit
or subdivision primarily support the betterment of the Lodi community.
C.
Reservation of park space. A person or group, firm,
organization, partnership or corporation may reserve the use of a
park facility or a park shelter by written application filed with
the Clerk for a permit for exclusive use of the same. The Clerk shall
issue permits for exclusive use of a park shelter or a portion of
a park, while the Parks Committee shall issue permits for the exclusive
use of the City parks. Park facilities are reserved on a first-requested,
first-reserved basis.
[Amended 10-10-2006 by Ord. No. A-361; 3-5-2019 by Ord. No. A-534]
D.
Application. Applications shall be filed with the
Clerk at least 30 days prior to the date on which the exclusive use
of the entire park is requested, or at least 14 days prior to the
date on which a park shelter or a portion of a park is to be used,
and shall set forth the following information regarding the proposed
exclusive use. Reservation applications will be received after January
1 of each year.
[Amended 10-10-2006 by Ord. No. A-361; 3-5-2019 by Ord. No. A-534]
(1)
The name, address and telephone number of the applicant.
(2)
If the exclusive use is proposed for a group, firm,
organization, partnership or corporation, the name, address and telephone
number of the headquarters of the same and the responsible and authorized
heads or partners of the same.
(3)
The name, address and telephone number of the person
who will be responsible for the use of said park, area or facility.
(4)
The date when the exclusive use is requested and the
hours of the proposed exclusive date.
(5)
The anticipated number of persons to use said park,
area or facility.
(6)
Any additional information which the Parks Committee
or Clerk finds reasonably necessary to enable it or him to make a
fair determination as to whether a permit should be issued.
E.
Deposit. All applicants for reservation of park space
or shelters for which a permit is required shall pay a deposit as
specified by the Common Council by resolution, to pay for the City's
maintenance and cleanup expenses. This shall not limit the right of
the City to collect from an individual or organization in the event
cleanup or repair costs exceed the amount deposited.[1]
[1]
Editor's Note: Original § 11.11(e),
Action on application, which immediately followed this subsection,
was deleted 10-10-2006 by Ord. No. A-361.
F.
Reasons for denial. Applications may be denied for
any of the following reasons:
(1)
If it is for a use which would involve a violation
of federal or state law or any provisions of this Code.
(2)
If the granting of the permit would conflict with
another permit already granted or for which application is already
pending.
(4)
The application is made less than the required days
in advance of the scheduled exclusive use.
(5)
If it is for a use of the park or park facility at
a date and time when, in addition to the proposed use, anticipated
nonexclusive use by others of the park or park facility is expected
and would be seriously adversely affected.
(6)
If the law enforcement requirements of the exclusive
use will require so large a number of persons as to prevent adequate
law enforcement in the park, park facility or shelter area involved
or in the rest of the City.
(7)
The exclusive use will reasonably create a substantial
risk of injury to persons or damage of property.
(8)
The exclusive use is so poorly organized that participants
are likely to engage in aggressive or destructive activity.
G.
Indemnification. Prior to granting any permit for
exclusive use of the park, the City may require the permittee to file
evidence of good and sufficient sureties, insurance in force or other
evidence of adequate financial responsibility, running to the City
and such other third parties as may be injured or damaged, in such
amount as City officials deem appropriate taking into account the
likelihood of injury or damage as direct and proximate result of the
exclusive use, and sufficient to indemnify the City and such third
parties as may be injured or damaged thereby, for injuries or damages
caused by the permittee, its agents or participants.
H.
Permit not required for City activity. A permit is
not required for exclusive use of the park or park facility for events
sponsored by the City. However, the date must be scheduled by the
City Clerk and posted on the respective shelter bulletin board.
I.
Permit revocation. The Common Council or Parks Committee,
after granting a permit, may revoke a permit already issued if it
is deemed that such action is justified by an actual or potential
emergency due to weather, fire, riot, other catastrophe or likelihood
of a breach of the peace or by a major change in the conditions forming
the basis of the issuance of the permit.
[Amended 3-5-2019 by Ord. No. A-534]
J.
Form of permit. Each permit shall be in a form prescribed
by the Parks Committee and shall designate the park, park facility
or shelter area involved, date, hours of the exclusive use, purpose
of the exclusive use and the name of the person, group, firm, organization,
partnership or corporation to which the permit is issued.
[Amended 3-5-2019 by Ord. No. A-534]
K.
Class "B" fermented malt beverage licenses. When fermented malt beverages are sold at any event authorized by this section, a valid fermented malt beverage license shall be obtained and the provisions of Chapter 204, Intoxicating Liquor and Fermented Malt Beverages, of this Code shall be fully complied with. Said license must be held by the person who filed the original license and shall be presented to any law enforcement officer upon request.[2]
[Amended 10-10-2006 by Ord. No. A-361]
[2]
Editor's Note: Original § 11.11(l), Fermented malt
beverage permits, which immediately followed this subsection, was
deleted 10-10-2006 by Ord. No. A-361.
L.
Scheduling of softball tournaments. All softball tournaments
to be played in the City of Lodi parks shall be scheduled by the Lodi
Slow Pitch Softball League.
[Amended 8-1-2017 by Ord.
No. A-515]
The City does hereby incorporate and adopt Ch. ATCP 76 Wis.
Adm. Code to apply to any public swimming pool located within the
City.
