[Ord. No. 54-2015 §1, 12-21-2015]
The following words and phrases, when used in this Chapter, shall have the meanings set forth herein:
BOARD
The Parks and Recreation Board.
BUILDINGS
Those buildings, or any portion thereof, under the supervision of the Parks and Recreation Department, made available for exclusive use permittees.
PARK
A park, reservation, playground, swimming pool, recreation center or any other area in the City or State owned or used by the City and devoted to active or passive recreation, including Herculaneum City Park, Kade's Playground, All Bark Village Dog Park, Bates Memorial Park, Dunklin-Fletcher Park, Governor Daniel Dunklin's Grave, Shot Tower Park and Joachim Loop Trail.
PERSONS
Includes persons, associations, partnerships, firms and corporations, or any company or organization of any kind.
RESERVATION
A permit for exclusive use of parks or portions thereof, of buildings, or portions thereof, as provided for and defined in this Section.
VEHICLE
Any wheeled conveyance, whether motor-powered, animal-drawn or self-propelled. The term shall include any trailer in tow of any size, kind or description.
[Ord. No. 54-2015 §1, 12-21-2015]
No person shall enter, be or remain in any park or building of the City unless the person complies with all of the regulations set forth in this Chapter, applicable to such park or building.
[Ord. No. 54-2015 §1, 12-21-2015]
A. 
It shall be unlawful for any person to enter and use the park facilities or equipment in the parks of the City of Herculaneum, except during the following hours:
1. 
Park opening: one-half hour after sunrise as determined by the National Weather Service.
2. 
Park closing: one-half hour after sunset as determined by the National Weather Service.
B. 
Exceptions.
1. 
During the hours from one-half hour after sunset until one-half hour after sunrise, only activities sponsored by or approved by the City Park Board shall be permitted.
2. 
Lighted areas (tennis courts, basketball courts and baseball fields) so long as the area is lighted but no later than 10:00 P.M. daily, except as approved by the City.
3. 
Fishing may occur at designated areas at Bates Park at night.
4. 
Approval of other activities must be in writing, and such document must be approved by the Park Board and signed by the Park Board President with notice given to the Police Department.
[Ord. No. 54-2015 §1, 12-21-2015]
A. 
The City's parks' facilities shall be made available for the exclusive use of persons and groups subject to the issuance of a permit by the Park Board and subject to the payment of fees therefor. No exclusive use of any park facilities for preadvertised assemblies or groups may be made without the issuance of a permit therefor. All applications for exclusive use of any park facilities must be signed or cosigned by an adult, which adult shall agree to be responsible for said exclusive use.
B. 
No exclusive use permit will be granted if, prior to the time the application was filed, the City has scheduled a City-sponsored event at the same time and place as the activity proposed in the application.
C. 
All facilities shall be on a first-come, first-served basis, unless previously reserved.
D. 
The Park and Recreation Board may reserve the facilities for any purpose it feels is necessary for the benefit of the citizens of Herculaneum.
E. 
In addition to this Chapter, each park may have a set of rules posted at or near the main entrance, which shall govern the use of that individual park.
F. 
Any section or part of any park may be declared closed to the public by the City at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain hours, as the City shall find reasonably necessary.
[Ord. No. 54-2015 §1, 12-21-2015]
A. 
Any person seeking to reserve a park or portion of a park shall file an application approved by the Park Board and pay any applicable fee as set by the Park Board.
B. 
All persons to whom a reservation has been granted must agree in writing to hold the City harmless and indemnify the City from any and all liability for injury to persons or property occurring as a result of the activity sponsored by the permittee; and said person shall be liable to the City for any and all damages to parks, facilities and buildings owned by the City which result from the activity of the permittee or is caused by any participant in said activity.
[Ord. No. 54-2015 §1, 12-21-2015]
A. 
No park property, animate or inanimate, shall be damaged, destroyed or removed from the park or moved from the location where it is installed or planted. No holes shall be dug, and no structure, either temporary or permanent, shall be erected unless authorized. For any damages done by a minor, parents will be held responsible for the damages.
B. 
The facilities and equipment shall be used for the purposes for which they were designed and no other. Use of facilities and equipment for purposes other than for which they were designed is prohibited.
C. 
No person shall climb or be upon any building, shed, table, bench or other structure of any kind in any City park, except for playground equipment at Kade's Playground.
[Ord. No. 54-2015 §1, 12-21-2015]
A. 
In parks where vehicle traffic is permitted, the maximum speed limit for all vehicles is ten (10) miles per hour; and these vehicles must be removed from the park prior to the time designated and posted for closing of the park or be subject to be towed at the owner's expense.
1. 
Motorcycles, motorbikes and similar motor-driven vehicles are not permitted in any park except where designated parking areas allow for parking.
2. 
No person shall operate or park any vehicle as defined in this Chapter within a park upon areas designated as no-parking areas, city vehicles excepted when being used in the course of city work.
3. 
Bicycles may be walked in grassy areas and along pedestrian walkways and may be parked where they will not inconvenience others.
4. 
No off-road motorized vehicles are allowed in the parks except where designated parking areas allow for parking.
5. 
No person shall be permitted to park, ride, drive or otherwise operate any vehicle in any creek, stream or river bed or bank in any public park, city vehicles excepted as required in the course of city work.
6. 
It shall be unlawful for any person to be upon bicycles, roller skates or skateboard or riding in or by means of any coaster, toy, vehicle, motorized scooter, electric scooter, all-terrain vehicles, hover board, Segway, motorized play vehicle or similar device while in or upon any portion of any park premises unless specifically designated therefor; provided, however, this provision shall not apply to show, exhibition, demonstration or other activity which is a part of a special event being sponsored on park premises, nor shall this provision apply to child-carrying devices such as baby strollers, carriages or wagons or to a disabled person.
[Ord. No. 54-2015 §1, 12-21-2015]
No permit shall be issued authorizing the use of any park or building where the activity proposed is to be held for the sole purpose of advertising or sale of any produce, goods, wares, merchandise, services or events and its purpose is for personal benefit other than civic, fraternal, political, religious, veteran, service or similar organizations, except as approved by the City.
[Ord. No. 54-2015 §1, 12-21-2015]
The City has no facility for trailers, campers, buses or overnight autos in any City park. There is no designated area for overnight camping in tents. Due to this lack of proper facilities, overnight camping of any sort is prohibited, except for overnight camping in tents as approved by the City.
[Ord. No. 54-2015 §1, 12-21-2015; Ord. No. 19-2018, 5-7-2018]
A. 
No person shall build any fire in any public park or playground except in fireplaces or other spaces set apart and designated for that purpose, except as approved by the City.
B. 
For other than one- and two-family dwellings, no hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose, shall be used or kindled on any balcony or under any overhanging portion or within ten (10) feet (3 m) of any structure. Listed (UL) electric ranges, grills, or similar electrical apparatus shall be permitted. No outside cooking device shall be used for incineration of waste or rubbish of any type.
[Ord. No. 54-2015 §1, 12-21-2015; Ord. No. 04-2016 §1, 2-1-2016]
It shall be unlawful for any person to discharge firearms, fireworks, or weapons of any sort while on park premises, except as approved by the City.
[Ord. No. 54-2015 §1, 12-21-2015]
A. 
No person shall be permitted to swim, wade, dive or use any other means of floating on or underneath any waterways within said park or adjacent to said park within the City of Herculaneum.
B. 
No person shall place any boat, canoe or water conveyance on any lake or waterway in any park except from an approved boat ramp. The City may, by permit, authorize boating on such lake or waterway in other manners.
C. 
No fishing shall occur after park closing, except at Bates Park.
[Ord. No. 54-2015 §1, 12-21-2015]
A. 
Use of the playground is at each person's own risk.
B. 
Children must be accompanied by an adult at all times.
C. 
No beverages in glass permitted.
D. 
Proper footwear is required at all times. The following footwear is prohibited: high heels, spike or cleat shoes (rubber or metal).
E. 
Improper use of equipment is prohibited.
F. 
Pushing and shoving are prohibited.
G. 
Rough playing and yelling is prohibited.
H. 
No wheeled items, such as bicycles, roller skates, roller blades, or skateboards are permitted in the playground area, except that strollers, wheelchairs and walkers may be used.
I. 
Pogo sticks are prohibited.
J. 
All animals, except service animals, are prohibited.
K. 
Chairs are prohibited, except that strollers, wheelchairs and walkers may be used.
[Ord. No. 54-2015 §1, 12-21-2015]
A. 
As a condition of admission to such dog exercise area, the owner of such dog(s) must use a suitable container or instrument to remove dog feces from the designated area and dispose of it in waste containers.
B. 
Aggressive, sick dogs, and/or dogs with any external parasites are not permitted in the exercise area. Owners are legally responsible for any injury caused by their dog.
C. 
All dogs must be under visual and voice control by owners at all times.
D. 
Excessively barking or uncontrollable dogs must be removed immediately.
E. 
Dogs shall not be left unattended in the exercise area. No person may bring more than three (3) dogs into the exercise area at any one time.
F. 
Dogs under four (4) months old are not permitted in the exercise area.
G. 
All dogs shall have been vaccinated and legally licensed prior to using the facility and shall wear license and ownership tags.
H. 
Female dogs in estrus (heat) are not permitted in the exercise area.
I. 
Professional dog trainers may not use the facilities in the conduct of their business.
J. 
Children under fourteen (14) years of age shall be accompanied by an adult while in the exercise area and be not permitted to run, shout, scream, wave their arms, or otherwise excite or antagonize dogs in the exercise area.
K. 
Bicycles, roller blades, roller skates, skateboards and strollers, and the like, are not permitted in the exercise area. Wheelchairs are permitted.
L. 
Choke, prong, pinch and spiked collars on dogs are not permitted in the exercise area.
M. 
The owner of any dog using the designated exercise areas must have in his possession at all times that the dog is in the exercise areas, a leash for such dog which shall be worn by the dog at all times that the dog is not in the exercise area.
N. 
Owners shall otherwise comply with all rules governing the parks and relevant parking regulations.
O. 
No food shall be permitted in the dog exercise area.
P. 
Use of dog exercise areas by any dog shall constitute implied consent of the dog's owner to all of the conditions stated in this Section and the permit and shall constitute a waiver of liability to the City of Herculaneum and an agreement and undertaking to protect, indemnify, defend and hold the City of Herculaneum harmless for any injury or damage caused by such dog during any time the dog is in an exercise area.
[Ord. No. 54-2015 §1, 12-21-2015]
In an effort to reduce the negative impact of tobacco use on parks and recreation patrons, the use of all tobacco products, including e-cigarettes, is prohibited in any park, except in designated areas.
A. 
No person within any park or building shall use or attempt to use or interfere with the use of any table, space or facility within said park or building which at the time is reserved for any other person or group which has received a reservation from the City.
B. 
No person within any park or building shall interfere with any Parks and Recreation Department employee at any time in the performance of his duty.
[Ord. No. 54-2015 §1, 12-21-2015]
A. 
Any person violating or failing or refusing to comply with any of the provisions of this Chapter and the posted rules and regulations shall be guilty of a misdemeanor, and upon conviction of a violation of any provision of this Chapter, or the posted rules and regulations, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed ninety (90) days, or both such fine and imprisonment, at the discretion of the court.
B. 
Each violation, failure or refusal to comply with the provisions of this Chapter or the posted rules and regulations shall constitute a separate offense.