[Ord. 76-582 § 1 (part); prior code § 31.01-1]
This chapter shall be known and may be cited as the "Davenport Park Rules Ordinance."
[Ord. 2008-273, § 1; Ord. 76-582 § 1 (part); prior code § 31.01-2]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words 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.
A.
CITY – Means the City of Davenport.
B.
DIRECTOR – Means a person who is the director of the department of parks and recreation and includes any person whom the director designates to act for the director under this chapter.
C.
PARK – Means a park, reservation, playground, recreation center or any other area in the City, owned or used by the City, and devoted to active or passive recreation.
D.
PERSON – Means any person, firm, partnership, association, corporation, company or organization of any kind.
E.
VEHICLE – Means any wheeled conveyance, whether motor-powered, animal-drawn or self-propelled. The term includes any trailer in tow of any size, kind or description. Exception is made for baby carriages and vehicles in the service of the City parks.
[Ord. 2008-273 § 3; Ord. 76-582 § 1 (part); prior code § 31.01-3]
A.
Buildings and Other Property.
1.
Disfiguration and Removal. No person in a park shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
2.
Restrooms and Washrooms. No person in a park shall fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition; nor shall any person over the age of five years use the restrooms and washrooms designated for the opposite sex.
3.
Removal of Natural Resources. No person in a park shall dig or remove any sand, soil, rock, stones, trees, shrubs or plants, 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 issued under this chapter.
4.
Erection of Structures. No person in a park shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special written permit issued under this chapter.
5.
Sleeping in the Park. No person shall sleep or simulate sleep on any park fixture or furniture, including but not limited to picnic tables or benches, at any time. No person shall sleep or simulate sleep anywhere within a park from midnight to 6:00 a.m.
6.
LeClaire Bandshell. No person shall be upon or in or otherwise make use of the LeClaire Bandshell without permission of the park director, said permit must be immediately available for inspection.
B.
Trees, Shrubbery, Lawns.
1.
Injury and Removal. No person in a park shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant; nor attach any rope, wire, or other contrivance to any tree or plant; nor dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
2.
Climbing Trees, Etc. No person in a park shall climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences or upon any other property not designated or customarily used for such purposes.
3.
Hitching of Animals. No person in a park shall tie or hitch a horse or other animal to any tree or plant.
C.
Wild Animals, Birds, Etc.
1.
Hunting. No person in a park shall hunt, molest, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall any person remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird; nor shall any person collect, remove, have in his 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. Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattle snakes, moccasins, coral snakes, or other deadly reptiles may be killed on sight.
2.
Feeding. No person in a park shall give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substances.
[Ord. 76-582 § 1 (part); prior code § 31.01-4]
A.
Pollution of Waters. No person in a park shall throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters.
B.
Refuse and Trash.
1.
No person in a park shall have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or any other trash.
2.
No such refuse or trash 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.
3.
Where receptacles are not so 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.
[Ord. 87-269 § 1; Ord. 78-614; Ord. 76-582 § 1 (part); prior code § 31.01.-5]
A.
Applicability of State Motor Vehicle Laws. No person in a park shall fail to comply with all applicable provisions of the state and City motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this chapter and other ordinances.
B.
Enforcement of Traffic Regulations. No person in a park shall fail to obey all peace officers and park employees, such persons being authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director.
C.
Obedience to Traffic Signs. No person in a park shall fail to observe carefully all traffic signs indicating speed, direction, caution, stopping, or parking, and all others posted for proper control and to safeguard life and property.
D.
Speed of Vehicles. No person in a park shall ride or drive a vehicle at a rate of speed exceeding 20 miles per hour, except upon such roads as the director may designate, by posted signs, for other speed limits.
E.
Operation Confined to Roads: Exceptions. No person in a park shall drive any motor vehicle upon any bicycle path or other area except the paved park roads designed for motor vehicle traffic or parking, or such other areas as may on occasion be specifically designated as temporary parking areas by the director. This section shall not apply to the operation of police vehicles by authorized police personnel.
F.
Snowmobiles, Etc. No person in a park shall operate in any park or recreation area snowmobiles, hover craft, mini-bikes, motorcycles, go-carts, except in areas specifically designated by the director for such use.
G.
Trucks and Commercial Vehicles. No person in a park shall operate in or through any park, any trucks or commercial vehicles of any kind except for the delivery of the load thereon for use in such park.
H.
Parking.
1.
Designated Areas. No person in a park shall park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there at and with the instructions of any attendant or peace officer who may be present.
2.
Prohibited Activities. No person in a park shall park a vehicle in a park for the purposes of washing, repairing or maintaining the same.
3.
Double Parking. No person in a park shall double park any vehicle on any road or parkway unless directed by a park official or peace officer.
4.
Designated Hours. No person shall park or store a vehicle in any City park at any time other than those hours that the park is open to the public which is sunrise to one-half hour past sunset.
I.
Bicycles.
1.
Confined to Roads. No person in a park shall ride a bicycle on other than a vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.
2.
Operation. No person in a park shall ride a bicycle in any manner other than in accordance with Chapter 10.84.
3.
Rider Prohibited. No person in a park shall ride any other person on a bicycle.
4.
Designated Racks. No person in a park shall leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.
5.
Immobile. No person in a park shall leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by them.
[Ord. 76-582 § 1 (part); prior code § 31.01-6]
A.
Bathing and Swimming.
1.
Designated Areas. No person in a park shall: swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are set forth in this section or may be hereafter adopted; nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the director, upon a finding that such use of the water would be dangerous or otherwise in-advisable.
2.
Certain Hours. No person in a park shall: frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the director for such purposes for each individual area.
3.
Bathhouses. No person in a park shall: dress or undress in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.
B.
Boating.
1.
Designated Areas. No person in a park shall bring into or operate any boat, raft, or other water craft, whether motor powered or not, upon any waters, except at places designated for boating by the director. Such activity shall be in accordance with applicable regulations as are now or may hereafter be adopted.
2.
Operation of Boats. No person in a park shall: navigate, operate, direct or handle any boat in violation of federal, state or local laws pertaining to the operation of boats.
3.
Prohibition During Closing Hours. No person in a park shall: launch, dock, or operate any boat of any kind on any waters between the closing hour of the park at night and opening hour the following morning, nor shall any person be on, or remain on or in, any boat during the closed hours of the park.
C.
Hunting and Firearms. No person in a park shall: hunt, trap or pursue wild life at any time. No person shall within a park use, carry or possess firearms of any descriptions, or air rifles, spring-guns, bow-and-arrows, slings or any other forms of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden, except on special written permit issued under this chapter.
D.
Picnic Areas and Use.
1.
Regulated. No person in a park shall: picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
2.
Availability. No person in a park shall: violate the regulation that use of the individual Fireplaces together with tables and benches follows generally the rule of "first come, first served."
3.
Nonexclusive. No person in a park shall: use any portion of the park areas or of any of the buildings or structures therein without a permit issued by the director, for the purpose of holding activities to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.
4.
Duty of Picnicker. No person in a park shall: leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where 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.
E.
Camping. No person shall: without a permit from the director, set up tents, shacks, or any other temporary shelter for the purpose of camping, nor shall any person leave in a park after closing hours any equipment, structure or vehicle to be used or that could be used for such purposes, such as house trailer, camp trailer, camp wagon or the like.
F.
Games. No person in a park shall: take part in or abet any recreational activity or the playing of any games except in areas set apart therefor.
G.
Horseback Riding. No person in a park shall: ride, drive, or lead a horse except on park drives. Where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended, nor be hitched to any rock, tree or shrub.
H.
Firearms, Missiles and Fireworks. No person in a park shall: carry, shoot, fire, explode or impel, any firearms, air rifles, bows and arrows, pellet guns, sling shots, fireworks, firecrackers, rockets, torpedoes or missiles or explosives of any kind in any park, without a permit from the director.
[Ord. 76-582 § 1 (part); prior code § 31.01-7]
No person shall:
A.
Hold or take part in any public meeting or event, religious, political, charitable or otherwise, including picnic parties and entertainment for charitable or religious purposes, in any public park without first obtaining permission from the director of parks and recreation. Such assemblages shall be conducted in a lawful and orderly manner; and shall occupy such grounds and facilities as may be assigned to or reserved for them.
B.
Sell or offer for sale any food, beverage, refreshments or any article or service whatsoever in any park or recreation area except by concessionaires under contract with the park and recreation commission or by nonprofit, charitable or religious groups, authorized by permit from the director of parks and recreation.
[Ord. 2005-553 § 2; Ord. 79-1168 § 4; Ord. 76-582 § 1 (part); prior code § 31.01-8]
A.
Intoxication. No person in a park shall: have entered or be in or remain in a park or recreation area under the influence of beer, alcoholic beverages or drugs.
B.
Domestic Animals. No person in a park shall: have been responsible for the entry of a dog or other domestic animal into the park or recreation area unless carried, led by a chain, strap or rope not exceeding six feet in length, or kept in a wagon, automobile or other vehicle by chain, rope or strap not exceeding six feet in length. Dogs, cats or other domestic animals shall not be permitted to enter any lake, pond, fountain, swimming pool or stream within any park, or recreation area.
C.
Fires. No person in a park shall: build or attempt to build a fire except in such areas and under such regulations as may be designated by the director. No person shall drop, or throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto.
D.
Closed Areas. No person in a park shall: 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.
E.
Going Onto Ice. No person in a park shall: go onto the ice on any of the waters except such areas as are designated as skating areas.
F.
Exhibit Permits. No person in a park shall: fail to produce and exhibit any permits from the director upon request of any peace officer or park attendant who shall desire to inspect the same.
G.
Interference With Permittees. No person in a park shall: disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of the permit.
H.
Trespass on The Golf Course. No person in a park shall: enter upon or remain upon any golf course except for the purpose of playing golf.
I.
No person in a park or aquatic center shall:
1.
Engage in actual or simulated sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions (other than in an appropriate structure designed for such activity), or other sexual activity;
2.
Appear in a state of nudity;
3.
Fondle the genitals of himself, herself, or another person.
A violation of this section shall be deemed a simple misdemeanor offense punishable as provided by state law. For purposes of subsection I, "nudity" means the showing, in a park or aquatic center, of the human male or female genitals, pubic area, anus or buttocks, or the showing of the covered male genitals in a discernibly turgid state. Subsection I shall not apply to limited or minimal exposures incident to the use of public restrooms or locker rooms or such other places where such exposures occur incident to the prescribed use of those facilities. |
[Ord. 2008-273 § 4; Ord. 78-610; Ord. 76-582 § 1 (part); prior code § 31.01-9]
A.
Hours. Parks shall be open to the public every day of the year from sunrise to one-half hour past sunset, with the exception of those areas and facilities with special hours of operation set by the director which shall be posted thereon.
B.
Closed Areas. Any section or any part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals and either entirely or merely to certain uses, as the director shall find reasonably necessary.
C.
Permit. A permit shall be obtained from the director before participating in a park activity prohibited by these rules:
1.
Application. A person seeking issuance of a permit under this chapter shall file an application with the appropriate director. The application shall state:
a.
The name and address of the applicant,
b.
The name and address of the person, persons, corporation or association sponsoring the activity, if any,
c.
The day and hours for which the permit is desired,
d.
The park or portion thereof for which such permit is desired,
e.
An estimate of the anticipated attendance, and
f.
Any other information which the director shall find reasonably necessary to a fair determination as to whether a permit should issue under this chapter;
2.
Standards for Issuance. The director shall issue a permit under this chapter when he finds:
a.
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park,
b.
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation,
c.
That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct,
d.
That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the City,
e.
That the facilities desired have not been reserved for other use at the day and hour required in the application;
3.
Appeal. Within seven days after receipt of an application the director shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within five days to the board of park and recreation commissioners, which shall consider the application under the standards set forth in subdivision (2) of this subsection and sustain or overrule the director's decision within 15 days. The decision of the board of park and recreation commissioners shall be final;
4.
Effect of Permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits;
5.
Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatsoever by reason of the negligence of the person or persons to whom such permit shall have been issued;
6.
Revocation. The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.
[3-10-2021 by Ord. No. 2021-93]
A.
No person, at any time, shall use a tobacco product or nicotine product of any kind while present on any City park property or in any City park facility, except during the course of play of the game of golf on Emeis, Duck Creek, and Red Hawk golf courses. "Tobacco product" means any product made or derived from tobacco that is intended for human use, including any component, part, or accessory of a tobacco product including, but is not limited to, cigarettes, electronic smoking devices, cigarette tobacco, roll-your-own tobacco, smokeless tobacco, chewing tobacco and dissolvable tobacco. "Electronic smoking devices" mean any device that can be used to deliver an aerosolized solution that may or may not contain nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, e-hookah, or other simulated smoking device. "Nicotine product" does not include any product approved by the United States Food and Drug Administration for tobacco cessation such as gum or patches.
[Ord. 2008-273 § 5; Ord. 2007-378 § 1; Ord. 2002-514 § 1; Ord. 76-582 § 1 (part); prior code § 31.01-10]
A.
Responsible Officials. The director and park attendant and police officers of the City shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B.
Ejectment. The director, any park attendant or any police officer of the City shall have the authority to eject from the park any person acting in violation of this chapter. Failure to comply with an order to leave the park upon notification from the director, any park attendant or City police officer for failure to comply with this chapter shall be a simple misdemeanor.
C.
Seizure of Property. The director, any park attendant or ambassador, or any peace officer shall have the authority to seize, confiscate and dispose of any property, thing or device in the park, or used, in violation of this chapter or left unattended.
D.
Emergency Closing. In the event of a disturbance in any park involving a crowd of persons who are disorderly or engaging in a conduct disturbing the peace and quiet of other persons in a park or of persons in or on public or private property near the park, and such disturbance does not abate on orders of a police officer of the City, any police officer may close the park, and, thereafter, order all persons therein to depart and prevent entry of persons into the park.
E.
Violation and Penalty. A violation of any provision of this chapter or of any permit issued pursuant to this chapter or of any order given under authority of this chapter is a simple misdemeanor and is punishable in accord with Iowa law. Certain violations of this chapter shall be punishable by payment of a scheduled fine as set forth herein. A violation of subsection 12.72.090A shall carry a fine of $65 plus court costs.