[Adopted 6-26-2018 by Ord. No. 1418]
[Amended 5-19-2021 by Ord. No. 1459]
As used in this article, the following words shall have the
meanings indicated:
CITY
The City of Muskego, Waukesha County, Wisconsin.
COMMITTEE
The Parks and Conservation Committee of the City of Muskego,
Wisconsin.
DEPARTMENT
The Public Works and Development Department, including the
Parks and Recreation Division, of the City of Muskego, Wisconsin.
DIRECTOR
The Director of the Public Works and Development Department
of the City of Muskego, Wisconsin, who is immediately in charge of
the maintenance or recreational use of any park, parkway, or recreation
facility within the City, to whom all employees of the Public Works
and Development Department, including the Parks and Recreation Division,
are responsible.
PARK
A park, parkway, recreation facility, lake access, public
boat launch, playground, beach or open space area, owned or used by
the City, devoted to passive or active leisure time activities.
PERMIT
Any form of approval given in writing, verbally, or through
a permit application form by the Director or designee.
RECREATION FACILITY
A building, owned or used by the City, devoted to passive
or active leisure time activities.
All persons within the limits of and/or using a park or recreation
facility within the City of Muskego are subject to the following rules
and regulations:
A. General.
(1) Advertising. Advertising shall not be permitted in any manner unless
authorized by the Director or designee, in writing or in concessionaire
contracts for goods sold on the premises.
(2) Amplification systems. Public address or other amplification devices
may be used only by special permit obtainable from the Director or
designee.
(3) Animals. All domestic animals are prohibited in said areas except
when approved by the Director or designee.
(a)
The Committee has designated the Muskego Recreation Trail (Wisconsin
Electric Power Company right-of-way) as an area allowing dogs. Conditions
where dogs are allowed include the following:
[1]
Dogs must be on a leash no greater than six feet in length.
[2]
Dogs must be under the control of the owner at all times.
[3]
Dog waste must be cleaned up by the owner.
(b)
This subsection shall not apply to service animals as defined
in § 106.52(1)(fm), Wis. Stats.
(4) Alcohol beverages.
[Amended 3-28-2023 by Ord. No. 1484]
(a)
No fermented malt beverage (beer and wine coolers with a fermented
malt base) may be consumed on any athletic field or playground or
playground apparatus at any time.
(b)
No fermented malt beverage (beer and wine coolers with a fermented
malt base) may be sold in any park, parkway, or recreation facility
unless the Common Council has authorized the issuance of a temporary
Class "B" fermented malt beverage license.
(5) Begging or soliciting. It shall be unlawful to beg or solicit within
any park or recreation area.
(6) Cleats. Cleats or spikes on shoes are prohibited except in those
specially designed athletic areas where program rules specifically
permit their use.
(7) Fires. Fires are permitted only in enclosed fireplace or grills provided
for this purpose. Fire(s) shall be extinguished before leaving any
park or recreation area of the City. All unburned coals or ash shall
be disposed of in such manner as to prevent fire or damage to any
park property.
(8) Flying objects. It shall be unlawful to throw, strike, propel or
otherwise operate flying or propelled objects of a potentially dangerous
nature, including by way of example, without limitations, such things
as model airplanes, drones, rockets, horseshoes, arrows, golf balls,
or rocks, except in areas designated for such use or part of an authorized
sport or recreational activity or by a written permit of the Director
or designee.
(9) Hours. Parks shall normally be open daily from 5:00 a.m. until 10:00
p.m. and normally be closed from 10:00 p.m. to 5:00 a.m., except for
activities and events sponsored by the Department or authorized by
permission of the Director or designee, and except for the purpose
of using the boat launch to launch or remove a watercraft. Any park
or recreation facility may be declared closed to the public by the
Director or designee at any time for any interval of time, with temporary
or stated intervals as the Director or designee shall find reasonably
necessary. It shall be unlawful to go upon an area or part of any
park or recreation facility of the City when it has been declared
to be closed to the public by the Director or designee.
(10)
Hunting and firearms.
(a)
It shall be unlawful in any park to hunt, trap or pursue wildlife
at any time. No person shall use, carry or possess firearms of any
description or air rifles, spring guns, bows and arrows, slings, or
any other forms of weapons potentially harmful to wildlife and dangerous
to human safety, or any instruments that can be loaded with and fire
blank cartridges, or any kind of trapping device, unless the activity
is approved by the Director or designee through offered activities
and park amenities. Shooting into park areas from beyond park boundaries
is prohibited.
(b)
This subsection shall not supersede concealed carry law as provided
in § 175.60, Wis. Stats. Hunting and trapping shall be allowed
on certain City-owned lands in accordance with Wisconsin Department
of Natural Resources regulations and City policies where approved
separately by Common Council resolution.
(11)
Permits.
(a)
The Director or designee is hereby authorized to issue permits
relating to any use or accommodation of any park or recreation facility
of the City with the exception of major events that consume the majority
of a park. Conditions through an agreement will be recommended by
the Committee to the Common Council for approval. The Director or
designee shall have the power and authority to cancel any permit for
violation of the requirements of the permit and violation of any of
the rules and regulations set forth therein.
(b)
It shall, under the rules and regulation set forth in this article,
be unlawful to disturb or interfere unreasonably with any person or
party occupying any areas or participating in any activity under the
authority of a permit.
(12)
Sales. It shall be unlawful to sell, or offer for sale, food
and/or refreshment, souvenirs, or any other merchandise unless approval
and vender permits/licenses are obtained from the Director or designee.
(13)
The Common Council may from time to time establish areas on
City-owned property upon which fishing is prohibited; said areas shall
be clearly marked by signs indicating that fishing is prohibited.
(14)
Natural resources.
(a)
It shall be unlawful to dig or remove any beach sand, whether
submerged or not, or any soil, rock, stones, trees, shrubs, or plants,
down timber, or other wood or materials, or make any excavation by
tool, equipment blasting, or other means.
(b)
It shall be unlawful to damage, cut, carve, transplant, or remove
any tree or plant, or injure the bark or pick the flowers or seeds
of any tree or plant, nor shall any person attach any rope, wire,
or other contrivance to any tree or plant. A person shall not mow,
dig in, or otherwise disturb grass areas or in any other way injure
or impair the natural beauty or usefulness of any area.
(c)
It shall be unlawful to throw, discharge, or otherwise place
or cause to be placed in the waters of any fountain, pond, lake, stream,
bay, or other body of water in or adjacent to any park or any tributary,
stream, storm sewer, or drain flowing into such waters any substance,
matter or thing, liquid or solid, which will or may result in the
pollution of said waters.
(d)
It shall be unlawful to have brought into, dump, deposit, or
leave any bottles, broken glass, ashes, or other trash not related
to park use. Park use trash shall not be placed or left anywhere on
the grounds thereof, but shall be placed or left in the proper receptacles
where these are provided; where receptacles are not so provided, all
such rubbish or waste shall be carried away from the park by the person
responsible for its presence and properly disposed of elsewhere.
(15)
Structures.
(a)
It shall be unlawful to construct, erect, or store any building,
tent, or structure of whatever kind, whether permanent or temporary
in character, or run or string any public service utility into, upon
or across such park lands, except on special written permit issued
by the Department.
(b)
It shall be unlawful to willfully mark, deface, disfigure, injure,
tamper with, displace, or remove any building, bridges, tables, benches,
fireplaces, railings, paving or paving material, waterlines or other
public utilities or parts or appurtenances thereof, signs, notices
or placards, whether temporary or permanent, monuments, stakes, posts
or other boundary markers, or other structures or equipment, facilities,
or park property or appurtenances whatsoever, either real or personal.
(16)
Geocache. Small geocache items can be placed in parks with the
location approved by the Director or designee, as long as they are
located away from active use park areas, away from roads, accessible
to parking, placed above ground so no soil disturbance occurs, and
activities occur only during park hours.
B. Athletic fields.
(1) The Director or designee shall enforce all rules and regulations
pertaining to activities upon any athletic field in any park or recreation
area under the jurisdiction of the City. The Director shall have the
power to issue rules and regulations governing such athletic fields,
and copies of such rules and regulations shall be on file with the
Department.
(2) All teams or individuals shall relinquish play on any athletic field
to any individuals or teams to whom or to which a permit/approval
for use of such facility has been issued by the Director or designee.
(3) The Director or designee may restrict or remove any player, players,
teams or leagues from all public fields for a specified time for violations
of rules and regulations set forth in this article or issued by the
Director under the authority of this article.
(4) The Director or designee shall have the authority to close any or
all public fields or play areas under the jurisdiction of the City
when use of such area shall create maintenance problems as a result
of weather or other conditions.
C. Equestrian activities. Horseback riding shall not be permitted in
any park. The Director and designee, or the Common Council, may designate
trails or other authorized areas within parks where horseback riding
is permitted.
D. Picnic areas and use.
(1) All picnics shall be restricted to those areas designated for that
purpose. The Director or designee shall have the authority to regulate
the activities in such areas when necessary to prevent congestion
and to secure the maximum use or to comply with any direction given
to achieve this end.
(2) It shall be unlawful to use any portion of the picnic areas or of
any building or structures therein for the purpose of holding picnics
to the exclusion of other persons, except by permit; nor shall any
person use such area and facilities for an unreasonable time if the
facilities are crowded.
E. Recreation centers and buildings. The Director or designee may restrict
hours, days, and weeks of use of any recreation center or building,
and the Director or designee may restrict or remove any user, individual,
or group for violation of any rules and regulations per policy.
F. Tennis.
(1) Tennis courts under the jurisdiction of the Department shall be reserved
only by written permit except for Department-sponsored programs.
(2) Use of said mentioned tennis courts shall be subject to specific
rules and regulations posted on such courts.
G. Vehicles.
(1) It shall be unlawful for any person operating a vehicle in any park
or recreation area of the City to fail or refuse to obey all traffic
signs or other traffic control devices regulating the operation, stopping
or parking of vehicles. It shall be unlawful for other than authorized
personnel to park or drive on lawns, fields, paved or unpaved trails,
or any other places other than upon roadways and parking areas clearly
constructed and established for such purposes within the parks, parkways,
or other recreation facilities in the City. Laws pertaining to the
provisions as outlined in the state motor vehicle traffic laws in
regard to equipment and operation of vehicles are applicable, except
that pedestrians shall have the right-of-way over vehicles in park
areas.
(2) The speed limit for vehicles in any park, parkway or recreation facility
shall be 15 miles per hour.
(3) Vehicles shall be parked only in designed parking areas. Parking
shall not be permitted in any areas closed by the Director or designee.
It shall be unlawful to park in areas designated by sign for emergency
vehicle use only. Parking is only allowed by users of park facilities
and during hours of park operation. Parking after hours of park operation
is allowed only by permit issued by the Director or designee.
(4) Washing or servicing of vehicles in any park or recreation area in
the City is prohibited.
(5) All bicycle riders shall obey traffic signs and laws regulating the
operation, stopping, or parking of vehicles. Bicycle riding within
a park or recreation facility is only permitted on trails. No bicycle
will be allowed on any park, trail, or road after sunset and before
sunrise without an attached headlight plainly visible at least 500
feet in front of the bicycle and without a red reflector plainly visible
from all distances from 50 to 500 feet to the rear of the bicycle,
as required by § 347.489(1), Wis. Stats. A lamp emitting
a steady or flashing red light visible from a distance of 500 feet
to the rear may be used in lieu of the red reflector. Bicycle riding
shall be governed further by safe riding practices and consideration
for the use of park and recreation areas, trails, and pathways by
others.
H. Winter sports.
(1) Sledding is permissible within any park or recreation facility except
in such areas where sleds would coast across vehicle roadways.
(2) It shall be unlawful to use snowmobiles on park lands or recreation
facilities except in those areas specifically designated by the Director,
with approval from the Committee.
The Director or designee shall, in connection with the duties
of the Director imposed by law, diligently enforce the provisions
of this article. Furthermore, the Director or designee shall have
the authority to eject from any park, parkway or recreation facility
any person acting in violation of this article.
Any person who shall violate any provisions of this article or any order, rule or regulation made herewith shall be subject to a penalty as provided in §
1-4 of this Code.