Editor's Note — Ord. no. 1174 §1 adopted March 18,
2013 repealed ch. 240 and enacted new provisions set out herein. Former
ch. 240 derived from R.O. 2006 §§240.010 — 240.030;
CC 1980 §500.070; ord. no. 613, 10-18-1976; ord. no. 739 §§1
— 3, 3-16-1992; ord. no. 1009, 5-15-2006; ord. no. 1093, 4-20-2009;
ord. no. 1040, 5-21-2007; ord. no. 1034 §1, 3-19-2007.
[Ord. No. 1174 §§1 —
2, 3-18-2013; Ord. No.
1239, 2-22-2017]
A.
This
Chapter shall be known and cited as the "City of Troy, Missouri Parks
Ordinance" and shall apply to the use of all of the City of Troy,
Missouri's parks and green spaces.
B.
The Directors of the Park Board, Park Director, and City Clerk may, after approval by the Board of Aldermen, establish additional rules governing the City Parks and City green spaces as well as their use, either collectively or individually. The Park Director and the City Clerk may establish additional rules governing the City Parks and City green spaces as well as their use without Board of Aldermen approval if allowed pursuant to Chapter 240 prior to their institution.
[Ord. No. 1174 §§1 —
2, 3-18-2013]
The provisions adopted in Chapter 240 shall not be exclusive but shall be cumulative and complementary to any other provisions of the ordinances of the City of Troy, Missouri, and County, State and Federal Laws. Nothing in this Chapter shall be read, interpreted or construed so as to limit any existing right or power of the City of Troy, Missouri.
[Ord. No. 1174 §§1 —
2, 3-18-2013; Ord. No.
1239, 2-22-2017]
A.
The
following rules and regulations shall apply to all City parks and
green spaces:
1.
All City Parks are open from 7:00 A.M. to 11:00 P.M. Monday - Sunday.
All City Parks shall be closed between the hours of 11:00 P.M. to
7:00 A.M. Persons who are utilizing the park for walking, jogging
or running are allowed to use the park for walking, jogging or running
beginning at 6:00 A.M. through 11:00 P.M. Any person found on or in
the City Park grounds during their closed hours shall be guilty of
trespass and shall be punished by a fine not exceeding five hundred
and 00/100 dollars ($500.00). The fine shall not apply to persons
which hold a valid permit, have permission from the Board of Aldermen
and/or have written permission from the City Clerk or the Parks Director.
2.
Pavilions, picnic areas and athletic fields shall be left clean and
free of trash and debris after use. All trash and debris shall be
placed in the appropriate trash receptacles provided by the City.
3.
No motorized vehicles are permitted in any park and green space except
in designated streets, parking areas or driving areas.
4.
No person shall park a motor vehicle in any area except as designated
by ordinance, the Parks Director or the Chief of Police.
5.
Any domestic animal shall be leashed, with a maximum of a six (6)
foot lead on the leash, and shall be under control of an individual
at all times except where posted. The person controlling the domestic
animal shall be responsible for cleaning up after said animal and
properly disposing of any waste in a trash can.
6.
No person shall hunt, molest, harm, frighten, kill, trap, chase,
tease, shoot or throw missiles/projectiles or other objects at any
animal.
7.
No person shall construct or erect any building or structure of any
kind, whether permanent or temporary in character, or run or string
any public service utility into, upon or across any park or green
space without prior approval by the Parks Director and Board of Aldermen.
8.
No fires are to be burned, with the exception of fires for cooking
contained to the barbeque pits which are a part of the City park.
Any person who utilizes a barbeque pit must put all coals out completely,
remove them from the park premises and shall not throw burnt coals
in the park's trash containers.
9.
No glass containers or bottles of any type are permitted in or on
any of the City parks and green spaces.
10.
Pavilions, picnic areas, and athletic fields may be reserved by applying
for a permit to the City Clerk in advance of the date for which the
use of the specific area is sought. If the pavilions, picnic areas
and athletic fields are not reserved, they are available to the public
on a first come, first serve basis for their use.
11.
All baseball diamonds and athletic fields must be used for soccer,
football, baseball, softball, tee ball or kickball unless permission
is granted from the Parks Director or the Board of Aldermen.
12.
There shall be no sale of any goods, food, beverage and/or goods
in or on City parks and green spaces with the exceptions of:
13.
No person shall be in any section or portion of any park which is
declared closed to the public by the City, whether through the Board
of Aldermen, City Administrator, Chief of Police or Parks Director
at any time or any interval of time, either temporarily or at regular
and stated intervals.
14.
No camping overnight is allowed unless permitted by the Parks Director
and the Board of Aldermen.
15.
A person using the City's parks must report any and all accidents
or damage to City property to the City through the City Clerk, Parks
Director or Chief of Police.
16.
No swimming or ice skating is allowed in any lake or body of water.
17.
No roller skates, inline skates, roller blades, skateboards or scooter
are allowed to be ridden in any park or green space except at the
Skate Park.
18.
No inflatables, bounce houses, animal rides or animal entertainment
are allowed in any park or green space.
19.
Special permission from the Board of Aldermen, after provision of
the requested event details by the Parks Director, is necessary for
events, excluding permitted athletic events and other permitted events,
with more than fifty (50) persons planned to be in attendance at any
of the parks, pavilions, picnic areas, and athletic fields.
20.
A person or entity may request a variance from any provision of this
ordinance from the Board of Aldermen, after provision of the request
for variance to the Parks Director. The Board of Aldermen shall have
the sole discretion to grant a variance which is requested.
21.
The Parks Director shall have the authority to promulgate such additional
rules and regulations for events and uses of the parks and such rules
and regulations shall be approved by the Board of Aldermen before
their institution.
[Ord. No. 1174 §§1 —
2, 3-18-2013; Ord. No.
1239, 2-22-2017]
A.
A permit
for the use of specific pavilions, picnic areas, park areas and athletic
fields may be obtained by paying a set fee to the City and applying
to the City Clerk. Any special event as set forth in 240.015(19) shall
require special permission two (2) months in advance of the date for
which the use of a specific area is sought. Persons issued a permit
for the use of a specific area shall have preference to the use of
the specific park area reserved on the dates and during the times
indicated on the permit.
B.
Permits
for the use of specific athletic field areas may be obtained by paying
a set fee and applying in advance of the date for which the use of
the specific area is sought. Persons issued a permit for the use of
a specific area shall have preference to the use of the specific park
area reserved on the dates and during the times indicated on the permit.
Permits shall be issued for specific athletic field areas upon the
payment of a fee of five dollars ($5.00) per person per sport per
season.
C.
The
proposed activity or use of the park will not unreasonably interfere
with or detract from the general public enjoyment of the park.
D.
The
proposed activity or use may not be used to incite violence, crime
or disorderly conduct.
E.
The
proposed activity or use shall not entail unusual, extraordinary or
burdensome expense of Police operation by the City.
F.
The
location for the proposed activity or use shall be in an area deemed
suitable by the Parks Director.
G.
The
issuance of such permit shall not result in crowded or congested conditions
due to the issuance of prior permits for the same day or due to the
anticipated number of attendees for the planned event.
H.
The
person applying for the permit shall be responsible for securing and
cleaning up the area permitted.
I.
The
City makes no guarantees to any potential permittee or permittee of
the availability of any pavilion, picnic area or athletic field.
J.
The
person who is permitted shall produce and exhibit any permit from
which he/she claims to have upon request of the Parks Director or
any park attendant or Police Officer who shall desire to inspect the
same for purpose of enforcing compliance with any ordinance, rule
or regulation of the park.
[Ord. No. 1241, 5-15-2017]
A.
Purpose. The purpose of Section 240.021 and its Subsections is to provide the guidelines for large organized, run/walk activities which utilize the City's streets, sidewalks and facilities for more than ten (10) individuals.
B.
RUN/WALK ACTIVITY/ACTIVITIES
Definitions.
An organized event where ten (10) or more individuals participate
in an organized run/walk that utilizes City streets, sidewalks and
facilities.
C.
Routes.
The City has approved routes which are on file with the Parks Director
and the City's Parks Department. Any applicant, individual or entity
must utilize such routes for any run/walk activity where participation
is more than ten (10) individuals. No variations of routes will be
allowed unless approved by the Board of Aldermen. The Parks Director
and Chief of Police shall identify the minimum number of station monitors/staff
who shall be present at each intersection along any route.
D.
Application.
Before a run/walk activity can be conducted in the City, the individual
or entity who will be responsible shall provide a completed application,
on forms developed by the Parks Director and which are provided by
the City, to the Parks Director who shall review such application
with the Chief of Police and either approve or deny the request to
conduct a run/walk.
E.
Certificate
Of Liability Insurance. An applicant must provide fifteen (15) days
prior to the run/walk activity a Certificate of Liability Insurance
with a general liability policy which shall name the City as an additional
insured in an amount to be approved by the Parks Director. If no insurance
can be provided, any approval shall be deemed revoked and the run/walk
shall not be allowed to occur.
F.
Station
Monitors/Staff. The person or entity who is approved to conduct the
run/walk shall be solely responsible for all station monitors/staff
to manage and conduct the run/walk. The person or entity approved
to conduct the run/walk shall have minimum staffing as is set forth
for the route selected for the run/walk.
G.
Approval.
Approval of any run/walk activities shall be made by the Parks Director
and the City of Troy Police Chief after review of the application
and any application can be denied for a specific time and date due
to a lack of availability of City resources.
H.
Compliance
With Other Park Regulations And Ordinances. A person or entity which
has been approved to conduct a run/walk activity, which utilizes the
City's streets, sidewalks and facilities, shall be responsible for
maintaining compliance for the event and its participants with any
other City ordinance or Park regulation. Any violation of this Section
and its Subsections shall result in a two-year ban from holding a
run/walk in the City.
[Ord. No. 1174 §§1 —
2, 3-18-2013]
A.
No
person shall be entitled to fish in any pond or lake on any real estate
owned by the City of Troy unless they are under the age of sixteen
(16) or over the age of sixty-two (62), or if they are exempt from
the requirement of obtaining a fishing permit under the Missouri Department
of Conservation guidelines due to a disability.
B.
Any
such person shall be limited to catching and taking four (4) fish
per person per day.
C.
No
fish shall be cleaned at or on any park or green space.
D.
Any
violation of this Section shall be punishable by a fine not to exceed
one hundred dollars ($100.00). A violation of any provision of this
Section shall be considered a separate and distinct violation for
each violation of this Section.
[Ord. No. 1174 §§1 —
2, 3-18-2013]
A.
No
person shall wear, ride or use any roller skates, inline skates, roller
blades, skateboards or scooter as these things are commonly defined
within the skate park located at Troy Fairgrounds Park without properly
wearing an approved skate or bicycle helmet securely fastened by chin
or neck strap.
B.
An "approved skate or bicycle helmet" is headgear which meets
or exceeds the impact standard for protective helmets set by the U.S.
Consumer Products Safety Commission Federal Safety Standards.
C.
The
City of Troy by and through the Troy Police Department, the Parks
and Recreation Department or any other authorized employee of the
City of Troy shall have the right to close the skate park for any
circumstances deemed necessary and to restrict entry to the facility
and to ask persons to leave the facility if any of the rules of the
facility are not followed or if unsafe behavior is observed.
D.
Any
person entering the facility after being so removed, or entering the
facility during a time that it is closed, shall be deemed in violation
of this Section.
E.
Violation
of this Section is an infraction punishable by a fine of not less
than five dollars ($5.00) nor more than twenty-five dollars ($25.00).
A violation of any provision of this Section shall be considered a
separate and distinct violation for each violation of this Section.
[Ord. No. 1174 §§1 —
2, 3-18-2013]
It shall be unlawful for any person to use a metal detector,
or to dig or disturb any dirt or ground, or to remove any item or
artifact from the Woods Fort site located at the corner of Boone Street
and Main Street in the City of Troy, Missouri, except with the express
written consent of the City of Troy.
[Ord. No. 1174 §§1 —
2, 3-18-2013]
Except as otherwise provided herein, any person or persons violating
any of this Chapter or any of the rules and regulations of the City
of Troy, Missouri Park ordinance, shall be punished by a fine of not
less than one dollar ($1.00) and not more than five hundred dollars
($500.00). Each violation shall be considered a separate and distinct
violation subject to the penalties herein.
[Ord. No. 1239, 2-22-2017]
A.
Ability
To Request Permit. A person or entity may, after complying with the
provisions of this Section, request a permit to sell food, beverage
and/or goods in the City Parks during events, if the Board of Aldermen
approve of the event. The allowance of an event by the Board of Aldermen
does not automatically provide for the permitting of the sale of food,
beverage and/or goods at such event. The Board of Aldermen have the
unconditional ability to deny any request for permit within its sole
discretion.
B.
Application.
A person or entity which desires to have the ability to sell food,
beverage and/or goods must make a written request for permit, on forms
which are promulgated by the Parks Director. The forms are available
from the Parks Director. The application shall include:
1.
The name, address, and phone contact information of the person or
entity responsible for the event;
2.
If an entity will be responsible for the event, proof of the entity's
organization from the Missouri Secretary of State and/or any other
Secretary of State's Office;
3.
The proposed date or dates of the event;
4.
The type of event proposed and a description of the event;
5.
The park area(s) requested;
6.
The types of food, beverage and/or goods which are sought to be sold;
7.
Proof of insurance for general liability;
8.
An agreement to list the City as an additional insured on the requestor's
liability insurance;
9.
An executed Contract for Provision of Food, Beverage and/or Goods
with the City to operate for the specified event;
10.
Proof of registration with the Missouri Department of Revenue relating
to payment of sales taxes, along with proof of "No Tax Due" from the
Missouri Department of Revenue;
11.
Proof of a valid Food Permit through the Lincoln County Health Department;
12.
An agreement that the requestor will comply with the Lincoln County
Food Code, as is currently in effect;
13.
An agreement to not damage City property and clean up the area after
the event; and
14.
An agreement to abide by all City Ordinances, Parks Rules and Regulations
and the permit requirements during the term of the permit.
C.
Fee.
A person or entity which desires to sell food, beverage and/or goods
during Board of Aldermen approved events shall pay a non-refundable
Application Fee, to be provided with the Application, in the amount
of fifty dollars ($50.00).
D.
Review
Of Application. The Parks Director, or his/her designee, shall review
the application within a reasonable amount of time and if complete
will place the permit for review and approval by the Board of Aldermen.
F.
Issuance
Of Permit. If all requirements of this Section are met, and the permit
is approved by the Board of Aldermen, the Parks Director shall issue
a permit which shall allow for the sale of food, beverage and/or goods
at the specified event by the permittee.
G.
Expiration
Of Permit. The permit shall expire as is set forth on the face of
the permit, or at the end of the specified event, whichever occurs
last.
H.
Permit
May Be Revoked. If the permittee does not comply with the provisions
of this Section, the Parks Director may revoke the permit.
I.
Inability To Apply For Permit. Any person or entity which defaults in the obligations of this Section, Chapter 240 or who has its permit previously revoked within a period of twelve (12) months of the date of application for a new permit shall be ineligible to apply for a period of six (6) months.
