City of Monona, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Monona as Title 12, Ch. 1, of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcohol beverages and licenses — See Ch. 272.
Animals — See Ch. 159.
Peace and good order — See Ch. 335.
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) 
As used in this chapter, the following terms shall have the meanings indicated:
PARK
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Application. Applications shall be filed with the Parks and Recreation Director at least 30 days prior to the date on which the exclusive use of the entire park is requested.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
(3) 
If the application does not contain the information required.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
L. 
Reservation. City park shelter facilities may be reserved on a daily basis only from the hours of 10:00 a.m. to 10:00 p.m., unless otherwise authorized by the Parks and Recreation Director.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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:
(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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
B. 
Enforcement. This section shall be enforced as set forth in § 1-4A of the Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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.