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.
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.
The Parks and Recreation Advisory Board of the City of O'Fallon,
Missouri.
The City of O'Fallon, Missouri.
The City Council of the City of O'Fallon, Missouri.
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.
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.
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.
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors and motorized bicycles.
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.
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.
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.
Any person employed by the City of O'Fallon Parks Department.
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.
The use of a park for the intent for which it was designed
or designated for a special event.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
A person authorized and commissioned by the City of O'Fallon,
Missouri, as a Law Enforcement Officer.
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.
Any person employed by the City of O'Fallon Recreation Department.
A festival or event sponsored, permitted or authorized in
one of O'Fallon Parks by the Parks Director or Recreation Director.
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).
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.
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.
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.
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.
