[HISTORY: Adopted by the Mayor and Council of Pocomoke City 9-13-1993 by Ord. No. 325. Amendments noted where applicable.]
GENERAL REFERENCES
Boats and boating — See Ch. 95.
The Mayor and Council of Pocomoke may, from time to time, designate such property owned by the City of Pocomoke as a park or recreational facility for use by the general public, upon such conditions and subject to such regulations as set forth in this chapter, and may authorize the City Manager to promulgate additional rules for the safe and efficient use of such parks and recreational facilities as determined to be in the public interest.
This chapter shall apply to all parks and recreational facilities under the jurisdiction of Pocomoke City in existence on the date of enactment of this chapter and established hereafter.
The authority for the issuance of permits, temporary designations, authorizations, granting of approval and other actions shall be the City Manager or his or her designee.
A. 
No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the City in the line of duty or work as such or by any person, his or her agent or employees in the proper and necessary execution of the terms of any agreement with the City.
B. 
Any act otherwise prohibited by law or local ordinance shall be lawful if performed under, by virtue of and strictly within the provisions of a permit so to do and to the extent authorized thereby.
It shall be unlawful for any person in a public park or recreational facility to:
A. 
Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, pavings or paving materials, docks, lights, light poles, play equipment, 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.
B. 
Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the rest rooms and washrooms designated for the opposite sex.
C. 
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency.
D. 
Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
E. 
Damage, cut, carve, mark, transplant or remove any plant or injure the bark or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.
F. 
Climb any tree or walk, climb, stand or sit upon monuments, vases, planters, fountains, railings or fences or upon any other property not designated or customarily used for such purpose.
G. 
Attach any rope or cable or other contrivance to any tree, fence, railing, bridge, bench or other structure.
H. 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such water any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
I. 
Take into, carry through or put into any park any rubbish, refuse, garbage or other material. Such refuse and rubbish shall be deposited in receptacles so provided. Where receptacles are not 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.
J. 
Bring any glass beverage or drink container into any outdoor park or recreation area.
K. 
Cause or permit to run loose any animal.
L. 
Tie or hitch an animal to any tree or plant.
M. 
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall be or she remove or have in his or her possession the young of any wild animal or the eggs or nest or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous may be killed on sight.
N. 
Ride a horse except on designated bridle trails. Horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to graze or go unattended.
O. 
Walk a domestic animal without a leash, said leash to be no longer than six feet. Further, the owner or person having custody of said domestic animal shall be responsible for removal of any animal solid waste.
It shall be unlawful for any person in a public park or recreation facility to:
A. 
Drive any vehicle on any area except the paved park roads or parking areas or such areas as may on occasion be specifically designated as temporary areas, provided that golf carts may be operated in and upon the municipal golf course in accordance with rules established for that facility.
B. 
Park a vehicle anywhere except on a designated parking area.
C. 
Leave a vehicle standing or parked in established parking areas or elsewhere in the park and recreation area during hours when the park and recreation area is closed.
D. 
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
E. 
Ride a bicycle without reasonable regard to the safety of others.
F. 
Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by it.
G. 
Wash any vehicle.
H. 
Use the parks, park drives, parking places or parkways for the purpose of demonstrating any vehicles or for the purpose of instructing another to drive or operate any vehicle; nor shall any person use any park area, including parking places, for the repairing or cleaning of any vehicle, except in an emergency.
It shall be unlawful for any person to bring into or have in his or her possession in any park or recreation area:
A. 
Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized track and field events, are excepted from this restriction.
B. 
Any burglar tools.
C. 
Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow or other weapon in which the propelling force is gunpowder, a spring or air.
D. 
Any fireworks or explosives, except that permits may be given for conducting properly supervised fireworks in designated park areas.
No person shall post, paint, affix, distribute, deliver, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular or advertisement.
No person shall do any of the following without a permit, provided that no permit shall be required for any action or event sponsored by the City:
A. 
Display any advertising signs or other advertising matter, provided that a sign attached to a vehicle to identify the vehicle or a sign lawfully on a taxi or bus is not prohibited.
B. 
Operate for advertising purposes any musical instrument, soundtrack or drum.
C. 
Hold public assemblages.
D. 
Conduct exhibitions.
E. 
Hold a parade.
No person shall expose or offer for sale any article in any park or recreation area without a license or permit issued by the City.
A. 
No person shall kindle, build, maintain or use a fire except in places provided for such purposes. Any fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished.
B. 
No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other material within or against any building, boat or vehicle or under any tree or in underbrush.
It shall be unlawful for any person in a park or recreation area to:
A. 
Camp or stay overnight anywhere except in areas designated for camping or staying overnight in vehicles or trailers.
B. 
Take part in the playing of any games involving thrown or otherwise propelled objects except in those areas designated for such forms of recreation.
C. 
Play football, baseball, basketball, soccer or lacrosse except in areas designated for such games.
D. 
Roller-skate or use skateboards except in those areas specifically designed for such pastimes.
E. 
Enter an area posted as "closed to the public."
F. 
Engage in threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.
G. 
Fail to produce and exhibit any permit he or she claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
H. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
I. 
Erect or occupy any tent, stand or other structure in any park or playground or sell or give away from any such tent, stand or other structure any food, drink or other thing without permit.
J. 
Swim or dive from any dock, bulkhead, ramp or bridge in any park or recreational area.
K. 
Possess, use or consume any alcoholic beverage in any park or recreational facility, except in conjunction with a permit issued for organized group picnics or functions.
It shall be unlawful for any person or group of persons to hold a picnic in any park except in areas set aside or specifically designated as picnic areas. A permit must be secured for any use of the Log Cabin or Cypress Park covered shelter.
Any person desiring to use any kind of a boat in parks shall abide by the ordinances relating to boating in public places. No boats with motors shall operate in Stevenson Pond in a manner that will produce a wake or wave or otherwise interfere with or disturb nonpowered boats or canoes or exceed any posted speed limit.
Except for lighted tennis courts, designated camping areas and in accordance with permitted activities, no person shall be in any park during the hours the park is closed.
A. 
Permits for special events in parks and recreation facilities shall be obtained by application to the approving authority or his or her designee in accordance with the following procedure:
(1) 
A person seeking issuance of a permit hereunder shall make application at the City Hall and provide:
(a) 
The name and address of the applicant and responsible person or organization sponsoring the event.
(b) 
The day and hours for which the permit is desired.
(c) 
The park or portion thereof for which the permit is desired.
(d) 
Any other information reasonably necessary to a determination as to whether a permit should be issued hereunder.
(2) 
Standards for issuance of a use permit shall include the following findings:
(a) 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public's enjoyment of the park.
(b) 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(c) 
That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
(d) 
That the proposed activity will not entail extraordinary or burdensome expense or police operation by the City.
(e) 
That the facilities desired have not been reserved for another use on the date and hour requested in the application.
(f) 
That the applicant has paid the appropriate fee.
B. 
A permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in said permits.
C. 
An applicant for a permit may be required to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined prior to the commencement of any activity or issuance of any permit.
D. 
Revocation. The City Council or the City Manager shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
A. 
The City Police Department, designated City employees and attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
The City Police Department, designated City employees and any attendant shall have the authority to order any person or persons acting in violation of this chapter to leave the park or recreation area.
[Amended 6-2-1997 by Ord. No. 349]
Any violation of the provisions of this chapter shall constitute a municipal infraction, subject to a fine as set forth in the Fees, Charges and Rates Schedule, adopted by resolution of the City Council from time to time.[1]
[1]
Editor's Note: The current Fees, Charges and Rates Schedule is on file in the City Clerk's office.