[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 12, Ch. 1, of the
2004 Code. Amendments noted where applicable.]
A.
Purpose and definition. In order to protect the parks, parkways,
recreational facilities and conservancy areas within the City of Amery
from injury, damage or desecration, these regulations are enacted.
The term "park" as hereinafter used in this chapter shall include
all grounds, structures 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 City.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump or deposit any
rubbish, refuse, earth or other material in any park or public waters,
except in containers provided for that purpose.
(2)
Sound devices. No person shall operate or play any amplifying system
unless specific authority is first obtained from the City Administrator/Clerk-Treasurer.
Vulgar, boisterous behavior and overly loud music and loud speakers
which tend to interfere with the enjoyment of the park by others shall
not be permitted.
(3)
Pets. No person shall permit any dog, cat or other pet owned by him/her
to run at large in any park. Pets are prohibited in swimming areas
and children's playgrounds except while on leashes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
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 City Council.
(5)
Throwing stones and missiles prohibited. No person shall throw stones
or other missiles in or into any park.
(6)
Removal of park equipment prohibited. No person shall remove benches,
seats, tables or other park equipment from any park.
(7)
Trapping. No person shall trap in any park unless specific written
authority is first obtained from the City Council.
(8)
Making of fires. No person shall start, tend or maintain a fire except
in personal grills or designated fireplaces. 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.
(9)
Protection of park property. No person shall kill, injure or disturb
or attempt to injure or disturb waterfowl, birds or animals, wild
or domestic, within any park, except as permitted by this chapter.
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, flower
bed, turf, soil, sand, fountain, ornament, building, structure, apparatus,
bench, table, official notice, sign or other property within any park.
(10)
Motorized vehicles. Except for authorized maintenance vehicles,
no person shall operate an unlicensed or licensed motorized vehicle
outside of areas specifically designated as parking areas or areas
where the operation of such vehicles is specifically permitted. Motor
vehicles are restricted to the roads and drives and parking areas.
No motor vehicles of any nature may be used on the seeded areas except
vehicles which have City Council authorization for shows, rides or
exhibits and then only for the purpose of loading and unloading. No
person shall operate any off-the-road vehicle, motorcycle, trail bike,
all-terrain vehicle, truck or other motorized vehicle in any park,
playground or other public ground where pathways or trails have been
developed and/or designated for walking, hiking, jogging, running,
bicycling, cross-country skiing, sledding or other pedestrian use.
All motorized vehicles are limited to use of roadways specifically
for their use and according to other restrictions in this Code.
(11)
Snowmobiles. Snowmobiling is not permitted in City parks except
in designated areas during periods when sufficient snow cover exists.
(12)
Speed limit. No person shall operate any vehicle in a City park
in excess of 15 miles per hour. unless otherwise posted.
(13)
Glass beverage bottles in parks prohibited. No person shall
bring into, carry onto or possess while in any public park glass bottles
or glass containers, including those containing or normally used for
containing soda water, fermented malt beverages or alcohol.
(14)
Reckless driving in parks prohibited. No person shall operate
a motor vehicle in a reckless manner in any of the public parks of
the City.
(15)
Parking in parks. No person shall park any motor vehicle in
any park in the City except in a designated parking area.
(16)
Horse and carriages. No person shall ride a horse or drive a
horse-driven vehicle in any park, except on roads or designated bridle
paths, except when approval of the City Council is first obtained.
It shall be unlawful for any person to ride a horse or drive a horse-driven
vehicle in a careless, negligent or reckless manner which may endanger
the safety and well-being of others. Horseback riding shall be allowed
only during the daylight hours. No person shall ride a horse which
cannot be held under such control that it may be easily turned or
stopped. No horse shall be ridden in a reckless manner. Pedestrians
shall have the right-of-way when crossing a bridle path, and whenever
groups of people are visible within 300 feet horses shall be ridden
at slow gait.
(17)
Removing tree protectors. No person shall remove any device
for the protection of trees or shrubs.
(18)
Golfing and sporting activities. No golfing or practicing golf
in City parks or recreation areas shall be allowed except with the
use of a whiffle ball. All sporting activities must be held in areas
so designated for that purpose.
(19)
Arrows. No person shall use or shoot any bow and arrow in any
City park, except in authorized areas.
(20)
Fees and charges. The City Council shall have the authority
to establish such fees as deemed necessary for use of any park facility,
shelter or land area. It shall be unlawful to use such areas without
payment of such fee or charge when required.
(21)
Firearms; hunting. Possessing or discharging of any firearm
or weapon of any kind is prohibited in all City parks.
(22)
Fish cleaning. Cleaning of fish in shelters, toilet facilities
or picnic areas is prohibited in all City parks.
(24)
Camping. Overnight camping is not permitted in any City park.
(25)
Commercial enterprise. No person shall sell, or offer for sale,
any article, thing, privilege or service in any park without prior
written permission from the City Council.
(26)
Posted regulations. In addition to the regulations herein contained
and provided, the City Council may post from time to time specific
rules and regulations, and such specific rules and regulations shall
be incorporated by reference into this chapter as fully as set forth
herein.
(27)
Tampering with buoys. Tampering with or disturbing any buoys
or markers so placed in any public waters is prohibited.
(28)
Rest rooms and washrooms. No person shall fail to cooperate
in maintaining rest rooms and washrooms in a neat and sanitary condition.
No person over the age of five years shall use the rest rooms and
washrooms designated for the opposite sex.
(29)
Loitering on equipment preventing use. No loitering is permitted
on playground equipment so as to disrupt use by persons waiting to
use such equipment.
(30)
Responsibility for equipment damage. Any person or persons causing
any damage to property in the City park shall be punished and/or fined
under the appropriate ordinance and be required to make full and complete
restitution.
(31)
Satellite toilets; dumpsters. It will be the obligation of civic
organizations or other major park users to provide satellite toilets
and extra garbage dumpsters during the time of celebrations or special
events.
(32)
Waste disposal restrictions. No person shall dispose of any
garbage, bottles, tin cans or any other solid waste material, including
demolition material, in any City park where the waste is generated
from outside of the City park property.
(33)
Bicycle restrictions. No person shall ride a bicycle or skateboard
or roller-blade in a reckless manner or ride in and around any bleacher
area or shelter house areas. All bicycles will be placed in bicycle
racks when unattended. No bicycles are permitted in any park building
whether ridden or parked there for any reason.
(34)
Picnic areas. No person in a park shall leave a picnic area
before a fire in the said picnic area is completely extinguished and
before all trash, garbage and other refuse in the said picnic area
is placed in the disposal receptacles provided for that purpose.
No person shall fly a radio-controlled model airplane or helicopter
in any park in the City of Amery except in areas specifically designated
and posed for such purpose.
Except as authorized by the City Council, no person shall dig
into the turf of any City-owned park property for any purposes whatsoever
or remove any trees or flowers. Absent authorization by the City Council,
the use of metal detectors and digging for buried objects on City
park property is prohibited.
A.
Park hours. All grounds and facilities in the City park system, except
the City beach, shall be closed between 11:00 p.m. and 5:00 a.m. the
following day.
B.
City Beach closing hours. The "City beach" is defined to be the real
property owned by the City located between the shores of South Twin
Lake and the two City streets known as Water Avenue and Elm Street
West. The City beach shall be closed from 9:00 p.m. to 5:00 a.m. the
following day.
C.
Exceptions.
(1)
The restrictions set forth in Subsection A above shall not apply to the following individuals:
(a)
Individuals who are attending or participating in Council-authorized
community celebrations or events held at the park. However, all such
individuals exempted by this subsection shall be out of the park within
1/2 hour of the end or closing of the celebration or the event for
that evening.
(b)
Individuals or groups who have received permission from the City
Council for any special group activity. The City Council may by resolution
modify closing hours for particular events.
(c)
Individuals who are law enforcement officers, firefighters, emergency
personnel, City employees or City officers who are in the course of
their official duties.
(2)
A vehicle may be driven through a park on a public road.
(3)
The launching of a watercraft or the loading of a watercraft for
purposes of transporting the watercraft to a public road is permitted
after closing hours.
D.
Park closing and opening dates. The City Council may by resolution
open and close any park, beach, swimming area, recreational facility
or area because of season, condition, construction or when, in the
interest of public safety, it is deemed necessary.
A.
Definition. An ultralight aircraft, vehicle or hang glider is an
unpowered or powered aircraft which is not subject to extensive regulation
by the Federal Aviation Administration by virtue of its characteristics
and which is defined as an ultralight vehicle by 14 CFR 103.1 and
which is defined as an ultralight aircraft by § 114.195,
Wis. Stats.
B.
Regulations regarding use.
(1)
No person shall operate any ultralight aircraft within the City in
such a manner or in such a location as to endanger or injure any person
or property. No person shall operate an ultralight aircraft in the
City in violation of any applicable state and federal regulations
and standards. No person shall cause an ultralight aircraft to land
or to take off from any property without permission of the owner or
occupant of said property, provided that an emergency landing may
be made to prevent a catastrophe. In the case of landing or taking
off from a City public park or other City property, the operator of
such ultralight aircraft shall first obtain a permit from the City
Council. No fee shall be charged by the City Council for such permit
which may be issued for a period up to 30 days nor shall the City
Council sponsor such activity.
(2)
Any person desiring to land or to take off from any property owned
by the City of Amery shall, prior to receiving a permit, procure evidence
of insurance providing for not less than $500,000 of coverage for
each occurrence for damage to property or personal injury. Evidence
of such insurance shall include a certificate of insurance naming
the City of Amery as an additional insured and said certificate shall
be filed with the City Administrator/Clerk-Treasurer at the time the
applicant seeks a permit.
A.
Policy on reservation. City-owned park and park facilities and shelter
areas are primarily for the nonexclusive use of the residents and
visitors of the City. However, under proper circumstances, exclusive
use of the same or parts thereof may be permitted. This section is
intended to regulate exclusive use of municipally owned parks, park
facilities, park shelters or parts thereof in the City to the end
that the general welfare of the City is protected.
B.
Reservation of park space. A person or group, firm, organization,
partnership or corporation may reserve the use of a park facility
or a park shelter by written application filed with the City Administrator/Clerk-Treasurer
for a permit for exclusive use of the same. The City Administrator/Clerk-Treasurer
shall issue permits for exclusive use of a portion of a park or park
shelter, while the City Council shall issue permits for the exclusive
use of City parks. Park facilities are reserved on a first-requested,
first-reserved basis.
C.
Application. Applications shall be filed with the City Administrator/Clerk-Treasurer
at least 14 days prior to the date on which the exclusive use of the
entire park is requested, or at least three days prior to the date
on which a park shelter or a portion of a park is to be used, and
shall set forth the following information regarding the proposed exclusive
use:
(1)
The name, address and telephone number of the applicant.
(2)
If the exclusive use is proposed for a group, firm, organization,
partnership or corporation, the name, address and telephone number
of the headquarters of the same and the responsible and authorized
heads or partners of the same.
(3)
The name, address and telephone number of the person who will be
responsible for the use of the said park, area or facility.
(4)
The date when the exclusive use is requested and the hours of the
proposed exclusive date.
(5)
The anticipated number of persons to use the said park, area or facility.
(6)
Any additional information which the City Council or City Administrator/Clerk-Treasurer
finds reasonably necessary to a fair determination as to whether a
permit should be issued.
D.
Deposit. All applicants for reservation of park space or shelters
for which a permit is required shall pay a deposit as prescribed in
the Schedule of Fees to pay for the City's maintenance and cleanup
expenses.
E.
Action on application. The City Council shall act promptly on all
applications for permits for exclusive park use (not shelter use)
after consulting with the applicant, if necessary.
F.
Reasons for denial. Applications may be denied for any of the following
reasons:
(1)
If it is for a use which would involve a violation of federal or
state law or any provision of this Code.
(2)
If the granting of the permit would conflict with another permit
already granted or for which application is already pending.
(4)
The application is made less than the required days in advance of
the scheduled exclusive use.
(5)
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
by others of the park or park facility is expected and would be seriously
adversely affected.
(6)
If the law enforcement requirements of the exclusive use will require
so large a number of persons as to prevent adequate law enforcement
to the park, park facility or shelter area involved or of the rest
of the City.
(7)
The exclusive use will reasonably create a substantial risk of injury
to persons or damage to property.
(8)
The exclusive use is so poorly organized that participants are likely
to engage in aggressive or destructive activity.
G.
Indemnification. Prior to granting any permit for exclusive use of
the park, the City 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 City 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 City and such third
parties as may be injured or damaged thereby, caused by the permittee,
its agents or participants.
H.
Permit not required for City activity. A permit is not required for
exclusive use of the park or a park facility sponsored by the City.
I.
Permit revocation. The City Council, Mayor, City Administrator/Clerk-Treasurer
and/or Chief of Police 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 a major change in the
conditions forming the basis of the issuance of the permit.
J.
Form of permit. Each permit shall be in a form prescribed by the
City Council and shall designate the park, park facility or shelter
area involved, date, hours of the exclusive use, purpose of the exclusive
use and the name of the person, group, firm, organization, partnership
or corporation to which the permit is issued.
K.
Class B fermented malt beverage licenses. When fermented malt beverages are sold at any event authorized by this section, a valid fermented malt beverage license shall be obtained and the provisions of Chapter 163, Alcohol Beverages, Article I, Licensing, and § 163-23, Outside consumption, shall be fully complied with. Said license must be held by the person who filed the original license and shall be presented to any law enforcement officer upon request.
A.
No person shall construct, build, erect, or maintain any pier or
boat hoist into the waters of the different lakes and rivers under
the jurisdiction of the City extending from the shoreline of any park
or other public area owned or controlled by the City unless specific
authority for the construction of such pier or boat hoist has first
been granted by the Committee on Public Welfare.
B.
Any such pier or boat hoist erected or maintained as above described without prior authority by the Committee on Public Welfare shall be subject to removal upon 10 days' written notice given by said Committee to either the person who has erected such pier or boat hoist or who maintains or uses said structure or claims ownership thereof, or in case such owner or user cannot be found, by attaching such written notice to such pier or boat hoist. In case of the failure to remove such structure, any such person shall be subject to a forfeiture under § 1-5 for each offense, and shall also be liable at the suit of the City for the cost of removal.
A.
The bulkhead line of that part of the shore of North Twin Lake is
established and determined as set forth in the following description:
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A line in Government Lot Seven, Section 29, Township 33 North,
Range 16 West, from the Northeast (NE) corner of Lot 24 of the Plat
of Arlington Heights in the City of Amery; run thence South 30°
30' East 380 feet along the West line of Arlington Boulevard; thence
South 24° 13' West 153.51 feet to the point of beginning of the
bulkhead line to be described; thence South 43° 04' West 182.05
feet; thence South 52° 13' West 108.18 feet; thence South 50°
44' West 277.85 feet; thence North 4° 16' West 187.10 feet; thence
North 57° 44' West 277.85 feet; thence North 4° 16' West 187.10
feet; thence North 57° 04' West 225.84 feet; thence North 69°
33' West 155.00 feet, to a point where the ordinary high water mark
of North Twin Lake becomes very well defined on the ground.
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B.
The bulkhead line of that part of the shore of Apple River is established
and determined as set forth in the following description:
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Bulkhead line to begin at a point on the center line of Lot
13, Knollwood Addition to City of Amery extended East a distance of
50 feet from the East line of said Lot 13, and running thence North
35° 40' East a distance of 385 feet to terminate on existing shoreline.
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B.
Alcohol beverages. No person may possess or consume fermented malt
beverages or intoxicating liquor on the swimming beach property.
C.
Smoking; chewing of tobacco. No person may smoke or chew tobacco
products on the swimming beach property. "Smoking" means to carry
a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
Chewing tobacco products means the chewing of any tobacco products.
D.
Unattended child 11 years of age or younger. A child 11 years of
age or younger is not permitted on the beach property unless supervised
by a person at least 12 years of age.
