[HISTORY: Adopted by the Town Board of the Town of Brookfield.
Amendments noted where applicable.]
(1)
Purpose and definitions. In order to protect the parks, parkways,
recreational facilities, and conservancy areas within the Town of
Brookfield from injury, damage, or desecration these regulations are
enacted. The term "park" as hereinafter used in this section shall
include all grounds, structures, lagoons, ponds, and watercourses
which are or may be located within any area dedicated to the public
use as a park, parkway, recreation facility or conservancy district
in the Town and the term "person" shall, include any individual, firm,
corporation or group of persons.
(2)
Specific regulations.
(a)
Park hours. Each park shall be closed and all activities therein
shall be terminated at 10:00 p.m., daily, and shall not reopen until
6:00 a.m. the following morning and shall be closed during hours of
darkness, as defined in Wis. Stats. § 340.01(23). No person
shall enter or remain in any park at any time other than as herein
provided.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(b)
Smoking. No person shall smoke or hold a lighted cigarette,
cigar or pipe in any structure within any park, or in any other area
in any park where notices prohibiting smoking are posted pursuant
to an order of the Town Board.
(c)
Dumping. No person shall dump or deposit any rubbish, refuse,
pet waste, earth, or other material in any park.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(d)
Sound devices. No person shall operate or play any amplifying
system until specific written authority is first reviewed by the Police
Chief and obtained from the Town Board.
(e)
Pets. No person shall permit any dog, cat or other pet owned
by him or her to run at large or be on leash in any park. Exception:
Service or guide dogs are permitted per ADA and federal law.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(f)
Bill posting. No person shall post, paste, fasten, paint or
attach any placard, bill, notice, sign or advertising matter upon
any structure, tree or other natural object in any park, except park
regulations and other signs authorized by the Park and Recreation
Department and the Town Board.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(g)
Vehicles and parking. No motor vehicle, motorcycle, go-cart,
snowmobile, or other motor driven vehicle shall be driven or parked
in any park, except in designated parking areas.
(h)
Throwing stones and missiles. No person shall throw stones or
other missiles, other than those items used specifically for recreation
or sports activities, in or into any park.
(i)
Firearms, fireworks, bows and arrows. No person shall carry,
shoot fire or discharge any gun, pistol, rocket, torpedo, bow and
arrow or any fireworks of any description within or into any park.
The word "gun" shall include gas-operated guns, pellet guns, or any
device which will propel projectiles.
(j)
Golf, hardball. No person shall shoot or strike a golf ball
or throw or bat a hardball in any park, except that hardball may be
played in areas designated for this purpose.
(k)
Moving of park equipment. No person shall remove benches, seats,
tables, or other park equipment from any park.
(l)
Beer and liquor. No person shall have in his or her possession
or drink beer, wine or intoxicating liquor in any park; provided,
however, that the possession and drinking of beer and wine shall be
permitted in those parks which are designated by the Town Board. Permits
must be obtained by submission of an application to the Town Clerk
no less than one month in advance of the date of the event. This application
must state the date and time and name of the group that the applicant
represents and shall be filed with a permit fee in an amount as listed
in the Schedule of Fees and Forfeitures. The applicant must also deposit
at the time of application an amount as listed in the Schedule of
Fees and Forfeitures to be retained by the Town to defray the costs
of clean up, repairs, and any damage done to park facilities or equipment
resulting from the use thereof by the applicant. If the applicant
cleans up the park after use, and there is no damage, the deposit
shall be refunded to the applicant.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(m)
Camping. No camping shall be permitted in any park.
(n)
Trapping. No person shall trap in any park, unless specific
written authority is first obtained from the Town Board.
(o)
Making of fires. No person shall start, tend or maintain a fire
except in personal grills or designated fireplaces unless permitted
by Town Board. Personal grills shall be used only in designated picnic
areas. The use of personal grills is permitted, provided lawns and
vegetation are not endangered. Unburned fuel and ashes shall be disposed
of in such a manner as to prevent fire or damage to any park property.
(p)
Horses and carriages. No person shall ride a horse or drive
a horse driven vehicle in any park except where approval of the Town
Board is first obtained. It shall be unlawful for any person to ride
a horse or drive a horse drawn vehicle in a careless, negligent or
reckless manner which may endanger the well being of others.
(q)
Bicycles. All ordinances of the Town of Brookfield relating
to the use of bicycles shall be applicable in all parks. Bicycles
shall be parked only in areas so designated.
(r)
Interference with permittee. No person shall in any manner harass,
disturb or interfere with persons holding written, permits granted
by the Town Board for the use of shelter areas or other park facilities.
(s)
Protection of park property. No person shall kill, injure, or
attempt to injure waterfowl, birds, or animals, wild or domestic within
any park. No person shall climb any tree or remove flowers or fruit,
wild or cultivated, or break, cut down, trample upon, remove, or in
any manner injure, deface, write upon or ill use any tree, shrub,
flower, flowerbed, turf, soil, sand, fountain, ornament building,
structure, apparatus, bench, table, official notice, sign, or other
property within any park.[1]
[1]
Editor's Note: Former Subsection (2)(t), Use of water areas, of the 2005 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 25, General Provisions, Art. II). This ordinance also redesignated former Subsection (2)(u) through (z) of the 2005 Code as Subsections (2)(t) through (y), respectively.
(t)
Possession of glass beverage bottles prohibited. No one shall
possess or consume any beverage in glass bottle or glass containers
in a Town park.
(u)
Cleaning of fish prohibited. No one shall engage in the cleaning
of fish in a Town park.
(v)
Wild animals, birds.
1.
Hunting. No person shall hunt, molest, harm, frighten, kill,
trap, chase, tease shoot or throw missiles at any animal, reptile,
or bird, nor shall he/she remove or have in his/her possession the
young of any wild animal or the eggs or nest of any reptile or bird.
Exception to the foregoing is made in that snakes known to be deadly
poisonous such as rattlesnakes or other deadly reptiles may be killed
on sight.
2.
Feeding. No person shall give or offer or attempt to give to
any animal or bird any food, alcohol, tobacco or other noxious substance.
(w)
Sanitation.
1.
Pollution of waters. No person shall throw, discharge or otherwise
place or cause to be placed in the waters of any fountain, pond, stream
or other body of water in or adjacent to any park or any tributary,
stream, storm sewer or drain flowing into such bodies of waters any
substance, matter or thing, liquid or solid, which will or may result
in the pollution of such waters.
2.
Refuse and trash. No person shall bring in or dump deposit or
leave any bottles broken glass, ashes, paper, boxes, cans, dirt, rubbish,
waste, garbage or other trash. No such refuse shall be placed in any
waters in or contiguous to any park or left anywhere on the grounds
thereof, but shall be placed in the proper receptacles where these
are provided. Where such 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. Waste from non-park-related
activities and outside groups is prohibited from all parks and park
trash receptacles and dumpsters.
(x)
Signs. No person shall announce advertise or call public attention
in any way to any article or service for sale or hire. Nor shall any
person paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatsoever nor shall any person erect or cause to be
erected any sign whatsoever on any public lands or highways or roads
adjacent to a park.
(y)
Use of metal detectors on public property. Absent authorization
by the Town Board, the use of metal detectors and digging for buried
objects on Town property is prohibited.
(1)
Group permits. Permits for groups wishing to reserve the use of a
shelter area, park of other park facility in the Town shall apply
for and obtain a written permit from the Park and Recreation Department
for such use. Persons using park facilities pursuant to such permit
shall observe all ordinances and regulations which apply to casual
users of the park facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Other permits. No person shall sell, convey or offer for sale any tangible or intangible articles or merchandise nor solicit for the sale of any article for future delivery or for any subscription to any publication within any Town park, except that when a permit shall have been issued pursuant to § 19.02(1), above, to a civic group, service club or veterans organization for a community festival or carnival, such sales shall be permitted on the dates covered by such permit. This section shall not apply to sales of craft supplies and similar items by authorized personnel of the Park and Recreation Department or under their supervision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Reasons for permit denial. Applications may be denied for any of
the following reasons.
(a)
If it is for a use which would involve a violation of federal
or state law or any provision of this Code.
(b)
If the granting of the permit would conflict with another permit
already granted or for which application is already pending.
(c)
If the application does not contain the information required
by the Park and Recreation Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
The application is made less than the required days in advance
of the scheduled exclusive use.
(e)
If it is for a use of the park or park facility at a date and
time when, in addition to the proposed use, anticipated nonexclusive
use of others of the park or park facility is expected and would be
seriously affected.
(f)
If the law enforcement requirements of the exclusive use will
require so large a number of persons as to prevent the adequate law
enforcement to the park, park facility or shelter area involved or
the rest of the Town.
(g)
The exclusive use will reasonably create a substantial risk
of injury to persons or damage to property.
(h)
The exclusive use is so poorly organized that participants are
likely to engage in aggressive or destructive behavior.
(4)
Permit revocation. The Town Board, after granting a permit, may revoke
a permit already issued if it is deemed that such action is justified
by an actual or potential emergency due to weather, fire, riot, other
catastrophe or likelihood of a breach of the peace or by major change
in the conditions forming the basis of the issuance of the permit.
(5)
Indemnification. Prior to granting a permit for exclusive use of
the park, the Town may require the permittee to file evidence of good
and sufficient sureties, insurance in force or other evidence of adequate
financial responsibility, running to the Town and such other third
parties as may be injured or damaged in an amount depending upon the
likelihood of injury or damage as a direct and proximate result of
the exclusive use sufficient to indemnify the Town and such third
parties as may be injured or damaged thereby caused by the permittee,
its agents or participants.
(6)
Liability. A person or persons to whom a permit is issued shall be
liable for any loss, damage, or injury sustained by any person to
whom such permit shall have been issued.
No person shall do the following:
(1)
Appear at any place in other than proper clothing.
(2)
Enter an area posted as "closed to the public," nor shall any person
use or abet the use of any area in violation of posted notices.
(3)
Sleep or protractedly lounge on the seats or benches or other areas
or engage in loud boisterous, threatening, abusive, insulting or indecent
language or engage in any disorderly conduct or behavior tending to
breach of the public peace.
(4)
Fail to produce and exhibit any permit from the Park and Recreation
Department or the Director he 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
Disturb or interfere unreasonably with any person or party occupying
any area or participation in any activity under the authority of a
permit including Town-sponsored events and sports teams.
