[HISTORY: Adopted by the Common Council of the City of Monona
as Title 12, Ch. 1, of the 1994 Code. Amendments noted where applicable.]
A.
Purpose and definition.
(1)
In order to protect the parks, parkways, recreational facilities
and conservancy areas within the City of Monona from injury, damage
or desecration, these regulations are enacted.
(2)
PARK
As used in this chapter, the following terms shall have the meanings
indicated:
Includes 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, playground, swimming pool or conservancy
area 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)
Use of amplification equipment.
(a)
No person shall use large amplification equipment in a City
park or parking lot located within, contiguous or adjacent to any
City park except upon permit granted by the Parks and Recreation Director.
The Parks and Recreation Director may impose such restrictions on
the use of amplification equipment as will prevent disturbance of
others using the parks or owners of property adjacent to the City
parks. If the event is open to the general public, permission to use
large amplification devices must be secured from the Park and Recreation
Board.
(b)
The use of personal amplification devices is permitted in City
parks between 7:00 a.m. and 8:00 p.m.
(3)
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 any park, except park regulations
and other signs authorized by the Parks and Recreation Director or
designated committee thereof.
(4)
Throwing stones and missiles prohibited. No person shall throw stones
or other missiles in or into any park, except as authorized in advance
by the Parks and Recreation Director.
(5)
Removal of park equipment prohibited. No person shall remove benches,
bleachers, seats, tables or other park equipment from any park, except
that such items may be moved from park to park if authorized by the
Parks and Recreation Director.
(6)
Trapping. "Trapping," when used in this section, includes the taking,
or the attempting to take, of any wild animal by means of setting
or operating any device, mechanism or contraption that is designed,
built or made to close upon, hold fast or otherwise capture a wild
animal or animals; live traps on a person's property are excluded.
The trapping of wild animals is hereby prohibited in City parks, unless
authorized by the Common Council, upon the recommendation of the Park
and Recreation Board. This subsection does not prohibit fishing.
(7)
Making of fires. No person shall start, tend or maintain a fire except
in personal grills or designated fireplaces, except as authorized
in advance by the Fire Marshal. Unburned fuel and ashes shall be disposed
of in such a manner as to prevent fire or damage to any park property.
(8)
Protection of park property.
(a)
No person shall kill, injure or disturb or attempt to injure
or disturb waterfowl, birds or animals, wild or domestic, within any
park, except as permitted by this chapter. No person shall 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
any tree, shrub, flower, flower bed, turf, soil, sand, fountain, ornament,
building, structure, apparatus, bench, table, official notice, sign,
fence or other property within any park.
(b)
No person shall deface by throwing stones, pebbles or other
debris in any of the toilets, bubblers or other sanitary facilities
located in any City park; or deface by drawing with crayon, chalk,
paint or anything else on any of the buildings or equipment at any
City park; or deface the equipment by means of a sharp instrument.
(c)
Except as authorized by the Parks and Recreation Director, no
person shall dig into the turf of any City-owned park or recreational
property for any purposes whatsoever or remove any trees or flowers.
[Amended 10-16-2017 by Ord. No. 9-17-689]
(d)
Except as authorized by the Parks and Recreation Director, the
use of metal detectors and digging for buried objects on City park
or recreational property is prohibited.
[Added 10-16-2017 by Ord.
No. 9-17-689]
(9)
Motorized vehicles. No person shall operate a motorized vehicle,
whether licensed or not, in a City park outside of areas specifically
designated as parking areas or areas where the operation of such vehicles
is specifically permitted, except vehicles authorized by the Parks
and Recreation Director which are at the time of operation either
performing work on behalf of the City or participating in permitted
events at the park. No person shall operate a motorized vehicle within
a City park for the purpose of accessing any private property adjacent
to the park.
[Amended 10-16-2017 by Ord. No. 9-17-689]
(10)
Snowmobiles. No person shall operate a snowmobile in a City
park except in designated areas.
(11)
Swimming pool. The provisions of Ch. 172, Wis. Adm. Code, pertaining
to public swimming pools, as amended, is adopted and incorporated
herein by reference.
[Added 10-16-2017 by Ord.
No. 9-17-689]
(12)
Parking in parks. No person shall park any motor vehicle in
any park in the City except in a designated parking area.
(13)
Horse and carriages. No person shall ride a horse or drive a
horse-driven vehicle in any park, except on roads or designated bridle
paths, unless approval of the Parks and Recreation Director is first
obtained. It shall be unlawful for any person to ride a horse or drive
a horse-driven vehicle in a careless, negligent or reckless manner
which may endanger the safety and well-being of others.
[Amended 10-16-2017 by Ord. No. 9-17-689]
(14)
Golfing and sporting activities. No golfing or practicing golf
in City parks or recreation areas shall be allowed.
(15)
Arrows. No person shall use or shoot any bow and arrow in any
City park, except in authorized areas, as permitted by the Parks and
Recreation Director.
[Amended 10-16-2017 by Ord. No. 9-17-689]
(16)
Fees and charges. The Common Council, upon the recommendation
of the Park and Recreation Board, shall have the authority to establish
such fees as deemed necessary for use of any park facility, shelter
or land area. It shall be unlawful to use such areas without payment
of such fee or charge when required.
(17)
Pets. Except as permitted pursuant to § 321-9, pets, including animals of any species, shall not be permitted in any City parks unless assisting a disabled person or authorized in advance by the Parks and Recreation Director.
[Amended 9-19-2016 by Ord. No. 8-16-681]
(18)
Firearms; hunting. Possessing or discharging of any air gun,
slingshot, explosive, firearm or weapon of any kind is prohibited
in all City parks.
(19)
Fish cleaning. Cleaning of fish in shelters, toilet facilities
or picnic areas is prohibited in all City parks, except in the designated
fish cleaning station at Lottes Park.
[Amended 10-16-2017 by Ord. No. 9-17-689]
(20)
Vendors restricted. No person shall sell, vend or give away
in any City park any article of merchandise whatsoever without written
permission from the Parks and Recreation Director.
[Amended 10-16-2017 by Ord. No. 9-17-689]
(21)
Smoking. No person shall smoke or hold a lighted cigarette,
cigar or pipe within any park, or portion thereof, where notices prohibiting
smoking are posted. The Park and Recreation Board is authorized to
designate the parks, or portions thereof, where smoking is prohibited
and to implement the installation of appropriate notices. The term
"smoke" includes the use of any electronic delivery device containing
or delivering nicotine or any other substance intended for human consumption
that may be used by a person to simulate smoking through inhalation
of vapor or aerosol from the product. This includes any such device,
whether manufactured, distributed, marketed, or sold as an e-cigarette,
e-cigar, e-pipe, e-hookah, or vape pen, or any other product name
or descriptor. "Electronic delivery device" does not include any product
that has been approved by the United States Food and Drug Administration
for sale as a tobacco cessation product and is being marketed and
sold solely for such an approved purpose.
[Amended 12-3-2018 by Ord. No. 12-18-710]
(22)
Camping. No camping shall be permitted in any park, unless authorized
by the Parks and Recreation Director.
(23)
Interference with permittee. No person shall, in any manner,
harass, disturb or interfere with persons holding written permits
granted by the Common Council, Park and Recreation Board or Parks
and Recreation Director for the use of parks, shelter areas or park
facilities.
(24)
Sparklers prohibited. Except as permitted by Chapter 238, Fireworks, of the Code of the City of Monona, no person shall ignite a sparkler in any City park.
(25)
Public tennis courts. The operation of bicycles, skateboards
and in-line skates is hereby prohibited on the surface of any public
tennis court located within the City of Monona.[1]
[1]
Editor's Note: Original § 12-1-2, Turf protection on public property, which immediately followed this section, was moved to § 321-1B(8)(c) and (d) at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(26)
Skate park. The concrete surface and permanent structures of
the skate park shall remain free and clear of all objects and debris,
including but not limited to any object serving as a hurdle, ramp
or obstacle. Except with the prior written permission of the Parks
and Recreation Director, no person shall bring onto the skate park
any such object or allow it to remain thereon other than skateboards
and personal safety equipment.
[Added 10-16-2017 by Ord.
No. 9-17-689]
A.
Park closing hours. All City parks shall be closed from 10:00 p.m.
to sunrise, except for public functions approved by the Park and Recreation
Board. The Park and Recreation Board may approve of the conduct of
functions within the parks beyond 10:00 p.m. by private organizations
or individuals if satisfactory evidence is presented to the Board
that the function will be carried on so as not to disturb the public
peace and good order of the City. In granting such approval, the Park
and Recreation Board shall designate the area in which the function
shall be carried on and shall indicate the person responsible for
the conduct of such function. No person shall be in any City park
between 10:00 p.m. to sunrise., except in compliance with this subsection.[1]
B.
Exceptions. The regular closing hours of the City parks do not apply
to persons having a permit from the Chief of Police and Parks and
Recreation Director to be present in the City parks during closed
hours on specific days and for specific purposes.
C.
Emergency park closing and opening. The Chief of Police, Parks and
Recreation Director or Common Council will have full authority to
open and close any park, facility or area because of weather conditions,
physical condition, construction or when, in the interest of public
safety, it is deemed necessary.
A.
Policy on reservation. 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.
B.
Reservation of park space. A responsible person, age 18 or over,
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 Parks and Recreation Director for a permit for exclusive
use of the same. The Parks and Recreation Director shall issue permits
for exclusive use of a portion of a park or park shelter, while the
Park and Recreation Board shall issue permits for the exclusive use
of an entire City park. Reservation of a designated area shall give
the party to whom reserved the right to use such area to the exclusion
of others for and during the period of reservation. Areas not reserved
shall be open to use by all.[1]
D.
Action on application. The Parks and Recreation Director or Park
and Recreation Board shall act promptly on all applications for permits
for exclusive park use.
E.
Reasons for denial. Applicants under this section 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 provision 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
to the park, park facility or shelter area involved or of the rest
of the City.
(7)
The exclusive use will reasonably create a substantial risk of injury
to persons or damage to property.
(8)
The exclusive use is so poorly organized that participants are likely
to engage in aggressive or destructive activity.
F.
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 an amount depending upon
the likelihood of injury or damage as a direct and proximate result
of the exclusive use sufficient to indemnify the City and such third
parties as may be injured or damaged thereby, caused by the permittee,
its agents or participants.
G.
Permit not required for City activity. A permit is not required for
exclusive use of the park or a park facility for an activity sponsored
by the City of Monona.
H.
Permit revocation. The Parks and Recreation Director or Chief of
Police 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.
I.
Form of permit. Each permit shall be in a form prescribed by the
Parks and Recreation Director 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.
J.
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 § 272-12 and Chapter 272, Intoxicating Liquor and Fermented Malt Beverages, Article II, Offenses, 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.
K.
Care of facilities. Persons reserving City facilities shall be completely
responsible for cleaning up the facilities after the event to the
satisfaction of City officials. All reserved areas shall be left in
a clean condition, with refuse placed in containers provided for such
purpose. Any organization or corporation reserving any area in a City
park shall agree to assume full responsibility for all damage to City
property by any invitee of said organization or corporation and shall
make full payment therefor upon billing by the City Administrator
or his or her designee. Failure to do so shall deny future use of
park facilities until such payment be made, in addition to any other
remedy which the City may have.[4]
M.
Fees.
(1)
Fees established. Fees for uses under this section shall be established
by the Common Council upon the recommendation of the Park and Recreation
Board.
(2)
Exemption from fee requirement. Where the Park and Recreation Board
is satisfied that the proposed use is by a group or organization for
civic, education, religious or charitable purposes, and the Park and
Recreation Board is satisfied that imposition of the daily reservation
fee would constitute a hardship on the group or organization, the
Park and Recreation Board may exempt such group or organization from
the daily reservation fee.
A.
Consumption of alcoholic beverages in City parks.
(1)
Restrictions. No person shall possess, serve or consume an alcoholic
beverage in a City park between the hours of 10:00 p.m. and 7:00 a.m.
except by permit issued by the City Administrator or his or her designee.
(2)
Permits.
(a)
All requests for a permit to possess, serve or consume alcoholic
beverages under this section shall contain the name and address of
the individual responsible for the conduct of the persons represented
by the permit, the number of persons to be included in the permit,
the type/types of alcoholic beverages to be possessed, served or consumed,
and other information which may be required in the opinion of the
City Administrator or his or her designee or the Park and Recreation
Board.
(b)
All permits shall be made available to the appropriate agencies
by the applicant upon request. Failure to show proof of a permit shall
be sufficient grounds for revocation of the permit, confiscation of
alcoholic beverages, and subject the offender to arrest.
(c)
The following statement shall appear on all permits:
|
"The individual whose name appears above is responsible for
the conduct of all persons covered by this permit, as well as all
the condition of the permit as noted above. Violation of this section
of the City Code may result in confiscation of alcoholic beverages,
revocation of this permit, and may subject the offender to arrest."
|
(d)
The Board may waive the requirements of this section, upon proper
justification, for major public events, or other events of benefit
to the general public. The grant or denial of permits by the City
Administrator or his or her designee are appealable to the Board.
B.
Consumption prohibited in parking lots. No person shall at any time
serve or consume an alcoholic beverage in a parking lot of a City
park.
A.
Authority to establish rules relating to catering of parties. The
Park and Recreation Board is empowered to establish rules relating
to the catering of food and beverages at the Monona Community Center.
The Board may designate exclusive caterers, charge fees for the privilege
of providing catering services within the Community Center, and establish
regulations relating to the use of Community Center facilities by
such caterers. Nothing contained herein shall authorize the Board
to prohibit or establish a fee (other than rental fee for use of the
Community Center) to any individual who desires to provide his or
her own food for a party at the Community Center.
B.
Council to approve rules. The rules of the Park and Recreation Board
relating to catering shall not be effective until approved by the
Common Council. The Park and Recreation Board shall review such rules
on at least an annual basis and report any recommendations for change
therein to the Council for approval.
[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:
(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.[1]
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.
A.
Slow-no-wake zones designated. In the interest of protection of the
health, safety and welfare of persons within the City, the following
designated portions of the waters of Lake Monona and the Yahara River
are declared to be slow-no-wake zones in which no person shall operate
a boat at a speed faster than the slowest possible speed so as to
maintain steerage:
(1)
That portion of the Yahara River from the outlet of Lake Monona downstream
to the entrance of the Yahara River into Upper Mud Lake, such slow-no-wake
area to include that portion of the Yahara River known as the "widespread."
(2)
All of the channels passing from that portion of Lake Monona known
as "Squaw Bay" to Lake Monona proper, to include both channels which
intersect with Tecumseh Avenue and the channel located immediately
east of and running parallel to Tecumseh Avenue.
B.
Regulatory markers and buoys to be erected. When requested by law enforcement officials of Dane County and approved by the Wisconsin Department of Natural Resources, and when all costs of acquisition and erection of regulatory markers and buoys will be borne by Dane County or the State of Wisconsin, the Chief of Police may authorize the installation of regulatory markers and buoys in the waters of the Yahara River and Lake Monona within the jurisdiction of the City, designating and marking areas described in Subsection A as slow-no-wake areas.
C.
Enforcement. When regulatory markers and buoys are installed as provided in Subsection B, the provisions of this section shall be enforced under § 30.66(3), Wis. Stats., and any complaints of violation filed with the Monona Police Department or by a Monona police officer shall be forwarded to the Dane County Sheriff's Department for arrest and prosecution.
A.
Feeding Canada geese in parks prohibited. No person may feed anything
whatsoever to any Canada Geese in or adjacent to any City park.
[Added 9-19-2016 by Ord.
No. 8-16-681[1]]
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.
[1]
Editor's Note: This ordinance also provided that City staff
shall install signage at all City parks giving reasonable notice of
the conditions set forth in this ordinance.
[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.
COMMERCIAL USE
DESIGNATED AREA(S)
PARK SYSTEM PROPERTY
PARKS DIRECTOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
A City park, park facility, or conservancy area as set forth in Chapter 321.
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.
