[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.
[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.
[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.
[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.
[7-5-2017]
Whoever violates any of the provisions of this chapter shall
upon conviction be subject to a Class 4 forfeiture.