[Amended 12-7-2009 by Ord. No. 11-09-609]
A. Adoption of state statutes on regulation of boating. Sections 30.50
through 30.80, Wis. Stats., as amended, exclusive of any provisions
therein relating to the penalties to be imposed or the punishment
for violation of said statutes, are hereby adopted and by reference
made a part of this section as if fully set forth herein. Any acts
required to be performed or prohibited by the said statute incorporated
herein by reference is required or prohibited by this section.
B. Swimming in lakes and rivers. Any swimmer using a public swimming
beach shall remain within the buoy line established by the City.
C. Fishing, swimming or loitering on bridge structures prohibited.
(1) No person shall fish, swim from or loiter on any bridge structure
in any City park.
(2) No person shall fish or swim from any bridge structure or the adjacent
dedicated right-of-way or the approach thereto, if:
(a)
Said bridge structure, adjacent dedicated right-of-way, or approach
is maintained by the City.
(b)
The City has determined that fishing from the bridge structure,
adjacent dedicated right-of-way, or approach would constitute an undue
traffic hazard.
(3) Following such a determination, the City may erect signs prohibiting
fishing or swimming off of such bridge structures, adjacent dedicated
right-of-way, or approach.
D. Launching boats.
(1) No person shall launch a motorboat, sailboat, iceboat, canoe, kayak
or all-terrain vehicle at Lottes Park, Tonyawatha and Winnequah Trail
boat landings in the City of Monona without first obtaining a lake
access permit and paying the fee for same. The fee shall be established
by the Common Council upon recommendation from the Park and Recreation
Board. Said permit shall be displayed in or on the launcher's accompanying
motor vehicle in such location as designated by the Park and Recreation
Board.
(2) It shall be unlawful for any person to park, stop or leave standing any vehicle, whether attended or unattended, in any area in a public park in the City of Monona that has been designated by order of the Common Council as a lake access parking lot unless said vehicle properly displays the permit required in Subsection
D(1) above.
(3) Storage and mooring of boats. No person shall store or moor any boat
or float device on or attached to any City property or public pier
between 10:00 p.m. and sunrise except under permit issued by the Park
and Recreation Board. Renters that pay the fee to store a canoe or
kayak at the Lottes Park canoe/kayak rack will also receive a lake
access permit at no additional charge.
(4) Hours. No person shall launch or dock a boat or float device in any
park in the City between 10:00 p.m. and sunrise, except for Lottes
Park.
E. No person shall be allowed to fish at River Place from either the
constructed portion of the Yahara Cove Boardwalk and/or public/private
property abutting the Boardwalk/lands dedicated for that purpose,
except at authorized sites so designated by signage.
[Added 9-19-2016 by Ord.
No. 8-16-681]
Notwithstanding the provisions of §
321-1B(17), canines shall be permitted in City parks during times such parks are open to the public on the following conditions:
A. No canine shall be permitted within 20 feet of any of the following
within a City park: public building, picnic shelter, athletic field/court,
playground structure, delineated beach, gazebo and Native American
burial mound, and at such other locations temporarily posted by order
of the Parks and Recreation Director or his or her designee. Canines
may be present on nonfenced athletic fields when such fields are not
being actively used for athletic play.
B. No canine shall be permitted within any park facility or field substantially
enclosed by a fence; including but not limited to the Ahuska Park
tennis courts, baseball field and the Haukereid football field, and
Winnequah Park tennis courts.
C. Notwithstanding Subsections
A and
B above, canines shall be permitted on any public sidewalk, public pathway or public street notwithstanding their proximity to any public park building, picnic shelter, athletic field or court whether in use or not, playground structure, gazebo or delineated beach, unless temporarily posted otherwise by order of the Parks and Recreation Director or his or her designee.
D. Notwithstanding the provisions of this section, canines may be allowed
at public or private events within a City park authorized by the Parks
and Recreation Director or his or her designee, at the discretion
of the event sponsor. The event sponsor shall post reasonable signage
giving notice whether or not canines are permitted at the event.
E. Except as provided in Subsection
F below, all canines in City parks shall be under the direct control of a person at all times by means of a physical leash held by a person at all times. Control by means of radio collar is prohibited.
F. Notwithstanding Subsection
E above, canines shall be permitted off leash while swimming, provided they are within direct sight and vocal control of a person controlling the animal and on leash at all times they are not in the water. Canines shall not be allowed on the beaches at Frost Woods Beach and Schluter Beach, whether or not on leash.
G. All waste from the canine shall be immediately picked up and disposed
of. Bags, scoops or other appropriate implements for the removal of
waste shall be carried by any person bringing a canine onto park property.
H. The restrictions imposed in this section shall not apply to service
animals, as defined in state and federal law, assisting a person with
a disability, and any canine assisting law enforcement personnel in
their duties.
I. Any person owning or permitting a canine in a location in violation
of this section shall be subject to the penalty provided in the City's
Fee, Forfeiture and Deposit Schedule.
[Added 12-3-2018 by Ord.
No. 12-18-711]
The Parks and Recreation Director may expel from any park for a period up to 30 days any individual having previously been issued a warning, found to be violating, or reasonably suspected based on credible reports to have violated any provisions of this Chapter
321 or any provision of Chapter
335 while in any park. An individual so expelled may request an administrative review of the decision of the Parks and Recreation Director in accordance with Chapter 68 of the Wisconsin Statutes. The Park and Recreation Board shall be the decision maker in any proceeding pursuant to § 68.11, Wis. Stats. The expulsion order of the Parks and Recreation Director shall remain in force during any administrative review proceedings.
[Added 2-21-2022 by Ord. No. 2-22-748]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
COMMERCIAL USE
Any activity conducted for pecuniary or commercial gain including
private lessons, classes, or group activities where the lesson, class,
or activity has a fee or other consideration to participate. "Commercial
use" also includes any lesson, class, or commercial activities taking
place on park system property that is associated with any trade, occupation,
profession, business, or franchise. "Commercial use" does not include
activities conducted on the City's behalf or in conjunction with
the City.
DESIGNATED AREA(S)
Those portions of park system property designated by the
Parks Director as appropriate for commercial use. Designated areas
shall not include City tennis courts, the City pool, or park system
property that is available for individual rental, such as picnic shelters
and athletic fields.
PARKS DIRECTOR
The Monona Park and Recreation Director, or their designee.
B. Permit, rental or booking agreement required for commercial use.
(1) Commercial use of any park system property is prohibited without
first obtaining a permit from the City authorizing the use or entering
into a rental contract or booking agreement with the City authorizing
use of a specific facility.
(2) Events permitted under the Monona special event policy may use park
system property only as specifically authorized in the special event
permit. Permits for any other commercial use of park system property
are issued pursuant to this section.
C. Permit standards; fee.
(1) The Parks Director may issue a permit authorizing commercial use
of designated areas of park system property at specific times and
dates stated in the permit if the Director determines that:
(a)
The use is a recreational program or recreation-related activity;
(b)
The use will not restrict or impede access for the general public
to the area used commercially;
(c)
The use does not conflict with a recreational program offered
by the City;
(d)
The use will not pose an unreasonable safety risk to persons
or property;
(e)
The use will not create an undue burden on the park system property
sought; and
(f)
Within the prior 12 months, the applicant has complied with
all requirements of a previous commercial use permit.
(2) The Parks Director may impose reasonable conditions on any permit
issued to protect the public, preserve park system property, and provide
equitable use of public facilities. Conditions may include requirements
for insurance, indemnity agreements, participant releases and waivers
of liability, identification of responsible persons, reporting requirements,
limits on the number of participants, limits on areas, days, or times
of use, and any other condition or safeguard to lessen impacts that
the commercial use may cause to park system property or the public.
The permit holder and all participants in the commercial use shall
comply with all conditions on the permit and shall also comply with
all applicable federal, state, and City laws.
(3) The Parks Director shall charge a fee a commercial use permit as
set forth in the Fee, Fines and Penalties Schedule.
(4) A permit authorizes commercial use by the permit holder as described
in the permit. Commercial use permits cannot be transferred to any
other person or entity.
D. Permit scope.
(1) A commercial use permit does not grant exclusive use of the designated
area. A permit provides the permit holder a license for the activity
in the designated areas and is revocable at will. The permit holder
and participants must share the designated areas with other users
and cannot block public access.
(2) Permit holders shall make certain that the commercial use does not
damage park system property. Permit holders shall not store equipment
or apparatus within park system property, or create a hazard to other
users of park system property. Any damage or hazard so created shall
be promptly reported to the Parks Director and promptly cured to the
reasonable satisfaction of the Parks Director. Permit holders shall
remove all trash and other debris deposited on park system property
as a result of the permitted commercial activity immediately upon
the conclusion of such activity that day.
E. Permit duration; suspending or terminating permits. Commercial use
permits expire at the end of each calendar year. The Parks Director
may revoke or suspend a permit if the Director determines that City
operations require it or if a conflicting special event will use the
space. The Parks Director may also revoke or suspend a commercial
use permit if the commercial use damages park system property, injures
or damages property of other persons using park system property, if
a permit holder violates any condition of a permit, if the commercial
use conflicts with a City program, or if the Parks Director determines
the commercial use unreasonably interferes with the use of park system
property by the public. The Parks Director may revoke a permit holder's
commercial use at a specific designated area if the permittee fails
to use that area during the time authorized in the permit on two or
more occasions.
F. Appeals. Any person aggrieved by a determination of a City official
regarding the issuance, revocation, suspension, or condition a commercial
use permit may appeal such determination in accordance with Chapter
68 of the Wisconsin Statutes.
G. Producing permit upon request. A permit holder shall ensure that
the permit is present in the designated area during the commercial
use. Upon request by any Monona police officer or any member of the
Parks and Recreation Department, a person engaged in commercial use
of park system property shall immediately produce the permit.
H. Commercial use prohibited at certain facilities. No person shall
engage in commercial use at, nor shall the Parks Director issue a
permit under this section for commercial use of, any City tennis court,
the City pool, or park system property that is available for individual
rental, such as picnic shelters and athletic fields.
I. Violations and penalties. Any person violating any provision of this section shall be subject to the general penalty set forth in §
1-4 of the Code.