[R.O. 2008 § 225.010; Ord. No. 6535, 1-10-2019[1]; Ord. No. 6781, 4-22-2021]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ALL-TERRAIN VEHICLE
Any motorized vehicle designed and manufactured for off-highway use, which is fifty (50) inches or less in width, with unladen dry weight of six hundred (600) pounds or less, traveling on three (3) or more low-pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control.
BOARD
The Parks and Recreation Advisory Board of the City of O'Fallon, Missouri.
CITY
The City of O'Fallon, Missouri.
CITY COUNCIL
The City Council of the City of O'Fallon, Missouri.
DIRECTOR OF PARKS
The Director of Parks is the official responsible for managing park grounds and maintenance of park facilities and amenities such as playgrounds, fields and pavilions.
DIRECTOR OF RECREATION
The Director of Recreation is the official responsible for managing programming, use and rental of park facilities and amenities and maintenance of the Renaud Center, O'Day Lodge, Krekel Civic Center and Alligator Creek Aquatic Center.
ELECTRIC RIDE-ON TOYS
Any three- or four-wheeled device designed for children to ride the device moves by way of a small motor and a 12-volt battery with a maximum speed of five (5) miles per hour.
MOTOR VEHICLE
Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.
MOTORIZED BICYCLE
Any two-wheeled or three-wheeled device, except motorized scooters, having an automatic transmission and a motor with cylinder capacity of not more than fifty (50) cubic centimeters which produces less than three (3) gross brake horsepower and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground.
MOTORIZED SCOOTER
Any two-, three-, or four-wheeled device having handlebars that are attached to a footboard, which is designed to be ridden in a standing or seated position and is powered by a motor that is capable of propelling the device with or without human propulsion. This shall not include legitimate devices for use by physically disabled persons, such as electric wheelchairs or scooters, when operated by a physically disabled person.
OFF-ROAD VEHICLE
Any vehicle designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland, or other natural terrain without benefit of a road or trail, including, but not limited to, the following: jeeps, all-terrain vehicles, dune buggies, multi-wheel drive or low-pressure tire vehicles, a vehicle using an endless belt, or tread or treads, or a combination of tread and low-pressure tires, motorcycles, trail bikes, minibikes and related vehicles, and any other means of transportation deriving power from any source other than muscle or wind and capable of cross-country travel as described above.
PARK PERSONNEL
Any person employed by the City of O'Fallon Parks Department.
PARK PROPERTY
Any park preservation, playground, recreation center, building or structure, or any other area owned or used by the City and devoted to passive or active recreation, and historical or memorial purposes.
PARK USAGE
The use of a park for the intent for which it was designed or designated for a special event.
PERSON
Includes any person, firm, partnership, association, corporation, company or organization of any kind.
POLICE
A person authorized and commissioned by the City of O'Fallon, Missouri, as a Law Enforcement Officer.
RANGER
A person authorized and employed by the City of O'Fallon, Missouri, to enforce any and all provisions of Chapter 225 of the Code of the City of O'Fallon, Missouri, and to regulate and direct traffic in and adjacent to any City of O'Fallon, Missouri, park or any other area if so directed by the Police.
RECREATION PERSONNEL
Any person employed by the City of O'Fallon Recreation Department.
SPECIAL EVENT
A festival or event sponsored, permitted or authorized in one of O'Fallon Parks by the Parks Director or Recreation Director.
VEHICLE
Any conveyance, whether motor powered, animal drawn or self-propelled. The term shall include any trailer in tow of any size, kind or description. Exception is made for vehicles in the service of the City parks.
[1]
Editor's Note: Section 1 of this ordinance repealed former Ch. 225, City Park Regulations, adopted and/or amended 11-8-2007 by Ord. No. 5250 § 1, and as further amended.
[R.O. 2008 § 225.015; Ord. No. 6535, 1-10-2019]
It shall be unlawful to willfully fail or refuse to comply with any lawful order or direction of any City of O'Fallon, Missouri, Ranger or other City employee.
[R.O. 2008 § 225.020; Ord. No. 6535, 1-10-2019]
A. 
It shall be unlawful for any person while in or about any park property, which includes any park preservation, playground, recreation center, building or any other area owned or used by the City and devoted to passive or active recreation, and historical or memorial purposes, to:
1. 
Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, playground equipment, bridge, table, bench, fireplace, railing, paving or paving materials, water line or other public utility or parts or appurtenances thereof, sign, notice or placard whether temporary or permanent, monument, stake, post or other boundary marker, or other structure or equipment, facility or park land property or appurtenances whatsoever.
2. 
Intentionally act in a manner which results in restrooms and washrooms not being left in a neat and sanitary condition. No person over the age of six (6) years shall use or enter the restrooms and washrooms designated for the opposite sex. This Section does not apply to children with special needs who may require the assistance of their parent or guardian or City employees or agents of the City performing cleaning.
3. 
Damage or remove any rock, stone, tree, shrub or plant, down timber or other wood or materials or make any excavation by tool, equipment, blasting, or other means or agency except on special written permit as provided for in this Chapter.
4. 
Construct or erect any building or structure, or plant or place any plant, tree or shrub of whatever kind, whether permanent or temporary in nature, or run or string any public service utility into, upon or across such lands, except on special written permit as provided for in this Chapter.
5. 
Climb on any tree, building or pavilion or walk, stand or sit upon any monument, vase, fountain, railing or fence or upon any other property not designated or customarily used for such purposes.
6. 
Feed, hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw projectiles of any kind or nature at any animal, fish, reptile or bird; nor shall be/she remove or have in his/her possession the young of any wild animal or the eggs or nest or young of any reptile or bird; nor shall he/she collect, remove, have in his/her possession, give away, sell or offer to sell, or buy or offer to buy, or accept as a gift any specimen alive or dead of any of the group of tree snails or in any manner violate the Missouri Wildlife Code.
7. 
Give, offer or attempt to give any animal or bird any food, beverage or any known noxious substances.
[R.O. 2008 § 225.030; Ord. No. 6535, 1-10-2019]
A. 
It shall be unlawful for any person while in or about any park property, which includes any park preservation, playground, recreation center, building or any other area owned or used by the City and devoted to passive or active recreation, and historical or memorial purposes, to:
1. 
Throw, discharge or otherwise place or cause to be placed any solid or liquid in the waters of any fountain, swimming pool, spray pad, pond, lake, stream, or any other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such water, which will or may result in the pollution of said waters or damage to equipment, individuals, animals or fish.
2. 
Dump, deposit or leave any cigarette butts, syringes or medical equipment, ashes, glass or glass bottles, papers, boxes, cans, rubbish, waste, garbage, refuse or other trash in any City park or facility other than in authorized receptacles in conjunction with authorized park usage. Nor shall such refuse or trash be placed in any waters in or contiguous to any park.
3. 
Bring any glass containers onto park property or into any parks and recreation facility.
[R.O. 2008 § 225.040; Ord. No. 6535, 1-10-2019; Ord. No. 6781, 4-22-2021]
A. 
It shall be unlawful for any person while in or about any park property, which includes: any park preservation, playground, recreation center, building or any other area owned or used by the City and devoted to passive or active recreation, and historical or memorial purposes.
1. 
Fail to comply with all applicable provisions of the State laws and City ordinances and regulations pertaining to equipment and operation of motor vehicles.
2. 
Fail to obey the reasonable instructions of Police Officers, Rangers and Park Personnel or Recreation Personnel; such persons being hereby authorized and instructed to direct traffic whenever needed in the City parks.
3. 
Fail to carefully observe all traffic signs indicating speed, direction, caution, stopping or parking, as well as all other signs posted to control traffic and to safeguard life and property.
4. 
Drive, ride or park a vehicle as follows:
a. 
Drive or ride a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except as otherwise posted.
b. 
Drive or park any motor vehicle on any park area except the paved park roads or designated parking areas, unless authorized for a special event.
c. 
The closing of park driveways or parks, or any section thereof of parks, shall only be at the direction of the City Council, Police, the Park Director or Recreation Director.
d. 
The closing of park driveways or any section thereof shall be accomplished by the erection of a suitable barrier or other visible marker across the driveway.
5. 
Drive a truck in excess of one (1) ton upon the driveways, parking lot or any other area, except when making deliveries of operation or maintenance supplies to the park or for some social function under permit of the Parks Director and/or the Recreation Director.
6. 
Repair or service a vehicle except those in need of emergency repair.
7. 
Operate a vehicle in a careless and imprudent manner on any park drive, parking lot or area.
8. 
Operate any vehicle in any City park without any required operator or vehicle license, except for authorized children's battery-powered toys.
9. 
Operate a motorized scooter or motorized bicycle.
[R.O. 2008 § 225.050; Ord. No. 6535, 1-10-2019; Ord. No. 6781, 4-22-2021]
A. 
It shall be unlawful for any person while in or about any park property, which includes: any park preservation, playground, recreation center, building or any other area owned or used by the City and devoted to passive or active recreation, and historical or memorial purposes.
1. 
Park a vehicle contrary to the directions and instructions of any Park Personnel, Recreation Personnel or Police Officer who may be present.
2. 
Park any motor vehicle on any park area except the paved park roads or designated parking areas, unless authorized for a special event.
3. 
No personal or commercial vehicle can be parked overnight in any park with the exception of those on site for authorized and permitted special events and tournaments, medical emergencies or vehicles requiring emergency repairs. Emergency repairs and medical emergencies are limited to twenty-four (24) hours. Special events and tournaments require a permit from the Park Director and Recreation Director.
[R.O. 2008 § 225.070; Ord. No. 6535, 1-10-2019]
A. 
It shall be unlawful for any person while in or about any park property, which includes any park preservation, playground, recreation center, building or any other area owned or used by the City and devoted to passive or active recreation, and historical or memorial purposes, to:
1. 
Bathing And Swimming.
a. 
Swim, wade, bathe or wash in any waters or waterway in any park, except in such waters and at such places as are provided for such use.
b. 
Congregate around any swimming pool, bathhouse, waters or places designated for the purpose of swimming or bathing, except between such hours of the day as shall be designated by the Director for such purposes for each area.
c. 
Undress in any area or in any vehicle, or other places, except in bathing houses and restrooms provided for that purpose.
d. 
Disregard or disobey any rules regulating the use of any swimming pool, spray pads, water feature or facility as established by the Director and posted at the facility.
2. 
Firearms.
a. 
No person in a City park shall use, carry or possess firearms (except as otherwise allowed by law).
b. 
Firearms are not permitted in any City of O'Fallon buildings per Code Section 215.280.
c. 
No person in a City park shall use or possess any weapon that can be potentially inimical to wildlife or dangerous to human safety, any instrument that can be loaded with or fire blank cartridges, or any kind of trapping device. This prohibition includes but is not limited to air rifles, spring guns, bows and arrows, slings, and similar dangerous or damaging devices.
d. 
Shooting into park areas from beyond park boundaries is forbidden.
e. 
The Director may from time to time permit the trapping of any animals considered to be a nuisance or threat to safety to the extent allowed by law.
3. 
Picnic Area Use. No person shall:
a. 
Picnic or loiter in areas closed to public access or where such activities are prohibited.
b. 
Violate the regulation that use of the individual barbecue pits together with tables and benches follows generally the rule of first come, first served.
c. 
Have exclusive use of any area unless granted such permission by the Director.
d. 
Leave a picnic area before a barbecue pit fire is completely extinguished, and before all trash, papers, cans, garbage and other refuse is placed in the receptacles provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
4. 
Camping. No person shall camp in any City park area other than by permit in the designated group camping area of O'Day Park. This area shall only be available for camping in accordance with the guidelines and rates determined and set by the City, collected and enforced by the Director.
5. 
Horseback Riding. No person shall ride a horse or pony or allow same to run at large except in conjunction with a civic parade or event sponsored by the City or a bona fide organization with the permission of the Director. Such horseback riding shall be confined to the driveways of the park. When permitted in parades, horses shall be thoroughly broken and properly restrained, ridden with due care, and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub. The person authorized to bring in the horse is responsible to clean up after the horse.
6. 
Tennis And Multiuse Courts.
a. 
All courts may be reserved by the Parks and Recreation Department for games, lessons or tournaments for a definite period of time as determined by the Director.
b. 
Courts may not be used for any activity other than the playing of the sport for which they were designed.
7. 
Musical Instruments, Sound Equipment.
a. 
No person shall operate or play any musical instrument, radio, mechanical or electronic audio or video device, loudspeaker, public address system or sound-amplifying equipment of any kind within the boundaries of any City park or declared festival district in such a manner as to cause the sound emanating therefrom to exceed a loudness of seventy-five (75) decibels when measured on the seventy (70) D.B. scale at a distance of fifteen (15) feet from the sound source, without a written permit issued by the Director.
b. 
In the event the operation or playing of any such device shall unduly disturb other park occupants or persons living near the parks, the Director or Police shall have the authority to order the person responsible for such disturbances to reduce the sound to a level that will not disturb other park occupants or persons living near any park, regardless of permit or sound levels.
c. 
In the event the person or persons responsible for disturbing other park occupants or persons living near any park by operating or playing any such device fails to reduce the sound level as directed by the Director, Police or any parks personnel employed by the City, he/she shall be subject to arrest if he or she is believed to have committed any offense and/or ejection from the park regardless of any permit or sound level.
8. 
Boating. No person shall use or attempt to use any boat or canoe in any body of water in any park unless authorized by the Director.
9. 
Metal Detecting. The City's parks and all of its property are owned for the general good of the City's residents. Everything on and in park grounds, therefore, belongs to the people of the City. Recreational metal detecting is not permitted within restricted areas of the parks and may only be carried on elsewhere on park property if conducted in such a way as to protect the people's property. Any items found or recovered from park property must be turned in to the Parks and Recreation Department.
a. 
Restricted areas include:
(1) 
Athletic fields.
(2) 
Historical areas.
(3) 
Irrigated lawns.
(4) 
Archaeological sites.
(5) 
Landscaped areas.
(6) 
Any locations marked with signs prohibiting metal detecting.
b. 
The only permissible subsurface probe or excavating tool is a hand tool specifically intended for use in metal detecting and so designed and constructed to minimize disruption to the ground surface and maximize effective site restoration and having a probe not greater than four (4) inches in width and twelve (12) inches in length (for example, a commercially available implement commonly known as a "dirt dagger").
c. 
All disturbed areas shall be restored to their original condition.
10. 
Bicycles, Rollerblades, Scooters And Skateboards. It shall be unlawful for any person while in or about a City park to:
a. 
Ride a bicycle or scooter or use rollerblades or a skateboard where signage prohibits.
b. 
Ride a bicycle or scooter or use rollerblades or a skateboard without reasonable regard to the safety of one's self and others. Anyone engaging in such activities is encouraged to wear the appropriate safety equipment.
11. 
Drones. It will be unlawful for any person to fly a drone or any remote-controlled flying device in or over any portion of a public park when any person is present.
[R.O. 2008 § 225.080; Ord. No. 6535, 1-10-2019]
A. 
It shall be unlawful for any person while in or about any park property, which includes any park preservation, playground, recreation center, building or any other area owned or used by the City and devoted to passive or active recreation, and historical or memorial purposes, to:
1. 
Sell or distribute alcohol of any kind in any City park without a permit from the Director and the appropriate City, State and county liquor license. Glass bottles are prohibited.
2. 
Drink or consume alcoholic beverages while under the age of twenty-one (21) years.
3. 
Be under the influence of controlled substances or drugs, consume or use controlled substances or drugs, or have in his/her possession controlled substances or drugs of any kind, type or description unless prescribed by a doctor of medicine.
4. 
Discard smoking or other paraphernalia on the ground.
5. 
Have brought, or have in his/her possession, or discharge any fireworks, rockets or explosives, or to discharge or throw them into any park area from roadways or land adjacent thereto without permission of the Director. This prohibition includes any substances or compound that would be dangerous from any of the foregoing standpoints. This Section does not regulate fireworks displays sponsored by the City of O'Fallon, Missouri.
6. 
Allow any dog or pet to run at large in any park.
a. 
Pets should be retained at all times on an adequate leash not greater than six (6) feet in length.
b. 
It is the responsibility of the pet owner to maintain direct control of the leash at all times.
c. 
All pets must have a current St. Charles County rabies control tag attached to their collars or in their owners' possession.
d. 
Pet owners are responsible for cleaning up after their pets, including, but not limited to, feces. Pet waste receptacles are located in the parks.
e. 
Pets may be banned from certain areas or events within the parks, with the exception of service animals and law enforcement animals.
f. 
These areas/events will be posted, and include but are not limited to:
(1) 
All playground areas.
(2) 
Heritage and Freedom Fest.
(3) 
Celebration of Lights Holiday Stroll.
7. 
Occupy any seat or bench, baseball diamond, building, field, court, horseshoe pit or enter into or loiter or remain in any pavilion or other park structure or grounds or section thereof which may be reserved and designated by the Director for use by other persons or groups.
8. 
In order to protect the free and safe movement of attendees throughout the park grounds, no one may solicit sales of goods or contributions except at stands designated and authorized for that purpose.
9. 
Petition for signatures for any purpose within one hundred (100) feet of the entrance to a City-sponsored event or facility requiring admission.
10. 
Build or attempt to build a fire on the ground, paving or any other areas except under such regulations as may be designated by the Director.
11. 
Engage in loud, boisterous, threatening, abusive, insulting or indecent language; or engage in any disorderly conduct or behavior tending to be a breach of the public peace or otherwise create a nuisance.
12. 
Fail to produce and exhibit any permit from the Director he/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 City ordinance or regulation.
13. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit.
[R.O. 2008 § 225.090; Ord. No. 6535, 1-10-2019]
A. 
It shall be unlawful for any person while in or about any park property, which includes any park preservation, playground, recreation center, building or any other area owned or used by the City and devoted to passive or active recreation, and historical or memorial purposes, to:
1. 
Expose or offer for sale any article or item; nor shall anyone station or place any stand, cart or vehicle for the transportation, sale, or display of any such article or item other than in compliance with a permit issued by the Director, which must be carried while vending.
2. 
Announce, advertise or call the public attention in any way to any article or service for sale or hire.
3. 
Paste, glue, tack or otherwise post any political, commercial or personal sign, placard, advertisement or inscription whatever in or on any public land, building, wall, fence, tree, post, telephone pole or on any such surface on or along any roadway adjacent to a park.
4. 
Pass out commercial handbills, pamphlets, newsletters, literature, pictures or make speeches designed to promote the sale of any item or thing within any City park facility or a designated festival district without the written permission of the Director.
5. 
Engage in any business or conduct or provide any service, training, instruction, practice, coaching, or enterprise of any nature in any park or in any recreation facility. Exception is given to the activities provided by the Parks and Recreation Department.
6. 
The provisions of this Section relating to merchandising, conducting business, advertising and signs shall not apply to licensed concessionaires or organizations participating in festivals and civic events as approved by the Director.
[R.O. 2008 § 225.100; Ord. No. 6535, 1-10-2019; Ord. No. 6781, 4-22-2021]
A. 
Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall generally be as follows.[1]
1. 
Dawn – Dusk. Fort Zumwalt Park, Knaust Park, O'Day Park, Sports Park.
2. 
Dawn – 11:00 P.M. Civic Park, Dames Park, Ozzie Smith Sport Complex, Westhoff Park.
3. 
Dawn – 10:00 P.M. Westhoff Plaza Skatepark.
[1]
Editor's Note: City staff will endeavor to make changes in hours or policies known via the website at www.ofallon.mo.us/parks&rec or by phone by contacting the Renaud Center.
B. 
Only persons authorized by permit of the Parks Director and/or the Recreation Director may be in any park during closed periods.
C. 
The finding of lost articles by park attendants shall be reported to the Director who shall make a reasonable effort to locate the owner. The Parks Director and/or the Recreation Director and park attendants shall make a reasonable effort to find articles reported lost.
D. 
Permit. A permit shall be obtained from the Parks Director and the Recreation Director or his/her designate before hosting the following park activities: The hosting of a public picnic, public celebration or event, concert, organized use of picnic grounds, baseball or softball fields, tennis/multi use courts, soccer fields, football fields, and any other areas or fields to be used for league play, games or tournament play by persons, schools, companies, etc. Guidelines and fees will be as stated in the Facility Use, Special Event and Athletic Field Policies.
1. 
Application. A person seeking issuance of a permit shall submit an application to be reviewed by the Parks Director and the Recreation Director.
2. 
Standards For Issuance. If the facilities desired by the applicant have not been reserved for another use during the time sought in the application, the permit will be issued if it is found that the proposed activity or use of the park will not:
a. 
Unreasonably interfere with or detract from the general public enjoyment of the park;
b. 
Unreasonably interfere with or detract from the promotion of public health, welfare and safety and recreation;
c. 
Is not anticipated to incite disorderly conduct, violence or crime;
d. 
Will not entail unusual, extraordinary or burdensome expense or Police supervision by the City; and
e. 
The facility desired has not already been reserved for another use during or adjacent to this request.
3. 
A permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in the permit itself. Permittee agrees that all persons involved in the event will observe the terms and conditions of the permit when issued and will comply with requests of the Director concerning traffic arrangements, sound and crowd control measures, and use of park facilities.
4. 
The permittee shall be liable to any person by reason of the negligence of the permittee.
5. 
The Parks Director and/or the Recreation Director, and Police, shall have the authority to revoke a permit upon determination of violation of any rule or ordinance or for other good cause.
[R.O. 2008 § 225.110; Ord. No. 6535, 1-10-2019]
A. 
Officials. The Director, Police or other officials employed by the City shall in connection with their duties imposed by law enforce the rules and regulations of this Chapter 225.
B. 
Arrest Or Ejectment. The Director, Police or other officials employed by the City shall have the authority to have arrested or ejected from the park any person acting in violation of rules and regulations or any ordinances governing the parks of the City of O'Fallon, Missouri.
C. 
Seizure Of Property. The Director, Police or any other officials employed by the City shall have the full authority to seize and confiscate any property, thing, animal or device used in the park in violation of these rules and regulations.
D. 
In addition to the provisions of Subsections (A) through (C) of this Section, any person who has been found to be in violation of any of the provisions of this Chapter shall be guilty of an offense and upon conviction thereof may be punished as set out in Section 100.010 of this Code.