City of Monroe, WI Chapter 11-3 Public Parks and Recreation Facilities

§ 11-3-1 General prohibitions.

[3-4-1980; 4-16-1985; 1-17-1995; 2016 Code; 1-17-2017; 7-5-2017]

It is unlawful for any person:

(A) To alter or change or cause anything to be altered or changed within any park or recreational facility of the city without prior written permission from the board of park and recreation commissioners.

(B) To operate any motor vehicle in any park or recreational facility except upon established roadway.

(C) To park or leave standing any motor vehicle within any park or recreational facility except upon designated parking areas.

(D) To deface, damage, destroy or cause harm to any park building, or facility within any park building or park equipment.

(E) To destroy, damage or injure or cut down any fruit, shade or ornamental tree or shrub standing or being within any park or recreational facility within the city.

(F) To leave or place any debris or waste material within any park or recreational facility within the city except in containers specifically provided for debris or waste material.

(G) To loiter, lounge or congregate within any city park or recreational facility after being requested to move by any police officer or by any person in authority at such place, between the hours of 11:00 PM and 5:00 AM.

(H) To interfere with, break down, deface or remove, or cause to be interfered with, broken down, defaced or removed, any sign, guard, protection, barrier or equipment placed in any park or recreational facility of the city.

(I) To bring or permit to be brought an animal owned or controlled by such person into any park or recreational area within the city, whether on a leash or otherwise unless a permit or license be first obtained from the city. This paragraph shall not apply to a service animal as defined in section 106.52 of the Wisconsin Statutes or to any park or recreational area within which the council has authorized the presence of an animal without a permit.

(J) To bring in or consume any alcoholic beverage, or fermented malt beverage within any park or recreational facility within the city unless a permit be first obtained from the park department.

(K) To trap within the boundaries of a city park or recreational area without first obtaining a permit from the park department.

(L) To operate any snowmobile on or in any park, playground or other property owned, leased or rented by the city except snowmobiles operated by law enforcement officers in the performance of their duties or snowmobiles used in the maintenance of such property by authorized personnel.

(M) To be within the fenced area of the Municipal swimming pool or within the changing house or concession stand adjacent to the pool when the pool is not open for swimming or to the public, or after being requested to leave by any person in authority.

(N) To loiter, lounge or congregate within that part of Recreation Park which is enclosed by a fence and designated as the Swiss A.L.P.S. Cheeseland playground after being requested to move by any police officer or by any person in authority at such place, between the hours of 9:30 PM and 7:00 AM.

(O) To carry a lighted cigar, cigarette, pipe or any other lighted smoking equipment within that part of Recreation Park which is enclosed by a fence and designated as the Swiss A.L.P.S. Cheeseland playground.

(P) To be within the fenced area of the dog park surrounding the water tower which is designated as only for those persons authorized by the city.

§ 11-3-2 Exceptions to prohibitions.

[4-16-1985; 2016 Code]

No prohibition of this chapter shall apply to any law enforcement officer acting within the scope of that officer's duty, or to any employee of the city acting within his or her scope of employment.

§ 11-3-3 Dog park provisions. [1]

[7-5-2017]

In addition to the other provisions within this chapter, the following provisions shall apply to those parks designated for use as dog parks:

(A) A dog park is a fenced in area which has been designated by the city for dogs to be without a leash.

(B) No dog shall be allowed to enter any park designated as a dog park without its owner or authorized agent first obtaining a license issued by the City. Every dog must have a separate dog park tag to be granted legal access to a designated dog park.

(C) No dangerous or aggressive dogs are allowed. Dangerous or aggressive dogs are those dogs that are likely to, or have intentionally caused serious damage to other animals or people. If a license holder determines that its dog becomes dangerous or aggressive after a dog park tag has been issued, then such license holder shall inform the city clerk's office and shall surrender such tag for that specific dog.

(D) An applicant seeking a dog park license shall provide the following:

(1) A completed application for a dog park license on forms provided by the city clerk.

(2) Proof of current rabies vaccination, proof of current Bordetella vaccination, and proof of current licensure in the community in which each dog and the applicant reside.

(3) Waiver of liability form signed by the applicant.

(4) Payment of dog park license fee, which shall be established from time to time by resolution of the council.

(E) Action on the application.

(1) No application shall be considered until the complete application is submitted to the city clerk or its designee and the required application fee has been paid. An application that meets all the requirements of § 11-3-3D of this chapter shall be considered complete.

(2) The city clerk or its designee shall review each complete application to determine whether the applicant has adequately demonstrated that the applicant has complied with those items set forth in this chapter and may conduct such investigation into the content of the application as considered necessary. The city clerk or its designee may administratively approve or deny such application or refer the application to the appropriate committee to consider such application. Failure by the city clerk or its designee to approve or deny an application within 30 days of submission shall be considered a denial, unless such action has already been referred to the appropriate committee. Any denial by the city clerk or its designee may be appealed to the appropriate committee for review as long as such appeal has been made in writing to the city clerk within 30 days of the notice of denial.

(3) The city clerk, its designee, or the appropriate committee may condition approval of the application upon the addition of such terms and conditions as may be considered necessary to protect the public and ensure safe operation of the dog park.

(F) Upon approval of a dog park license, the city clerk or its designee shall issue a numbered dog park tag for each dog to be legally granted access to the dog park. Numbered dog park tags shall only be worn by the specific dog for which it was issued. It shall be illegal to transfer such tags to other dogs and doing so shall be grounds to revoke the license issued to the license holder. If the dog park license is not renewed from year to year, the numbered dog tag is invalid and shall not be worn. The same numbered dog park tag will be reauthorized each renewal period if it is for the same dog for which it was previously issued. A license holder shall be charged for lost or damaged tags that need to be replaced at a cost to be established from time to time by resolution of the council.

(G) The dog park license shall specify all household members authorized to take such dog to the dog park. The license holder shall be responsible for the actions of those members who are authorized by his or her license.

(H) The dog park license shall be valid between January 1 through December 31 of the year it is issued and must be renewed by the license holder each subsequent year. The cost for the dog park licenses shall not be prorated based on the date of issue.

(I) License holders or applicants are subject to procedures set forth in §§ 3-5-4 and 3-5-5 of the Monroe City Code regarding revocation, suspension, and refusal to issue or renew.

(1) Upon receipt of a signed written complaint filed with the city clerk's office that alleges that a dog has attacked, has bitten another person or dog, is dangerous or aggressive, or the license holder or authorized household member is violating dog park rules, the city clerk or its designee shall send notice to the license holder suspending the specific dog or dogs in question or suspending the dog park license preventing use of the dog park until adjudication of the complaint. Upon receipt of the notice of suspension from the city clerk, the license holder shall have 10 calendar days to submit to the city clerk a written request for a hearing to appeal the suspension and contest the complaint. If a timely request for hearing is made by the licensee, then the city clerk shall follow the procedures in § 3-5-4 and shall schedule a hearing before the appropriate committee. If such license holder fails to timely request a hearing, then such dog park tag or license shall be revoked as indicated in the notice.

(2) After a hearing, the committee may suspend or revoke the dog park tag for the individual dog in question, or the dog park license issued to the license holder if in the discretion of the committee that the circumstances so justify suspension or revocation of all dog park tags issued to the individual. The committee may also make determinations or recommendations to the city clerk regarding any future application(s) for dog park licenses by the individual.

[1] Editor's Note: Former § 11-3-3, Penalty, as amended, was repealed 7-5-2017.

§ 11-3-4 Park rules.

[4-16-1985; 2016 Code]

All park and recreation facilities are governed by the rules and regulations of the board of park and recreation commissioners. Those rules and regulations are to be kept on file with the city clerk.

§ 11-3-5 Penalty.

[7-5-2017]

Whoever violates any of the provisions of this chapter shall upon conviction be subject to a Class 4 forfeiture.