[HISTORY: Adopted by the Common Council of the City of Colby 10-5-1995 as Title 12, Ch. 1, of the
1995 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 Colby
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.
GREEN BELTS
OPEN SPACES
PARK FACILITIES
PARKS
PLAYGROUND
PUBLIC PROPERTY
SWIMMING AREA
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Areas of municipally owned lands that are intended to serve
an environmental control function such as erosion control, flood control
and groundwater preservation, which land is not generally desirable
for public development, but may include any special-interest activities
which may lend themselves to the area, such as trails.
Areas of municipally owned lands maintained in their natural
state, thus supporting native plants and animals.
Any park area, equipment or structure that has been set aside
with a specific use intended.
Includes all existing, proposed and future municipal property
set aside for active or passive use of leisure time.
An area either within a larger park area or a small area
set aside for the purpose of promoting imaginative and creative play
of school children and providing a means of physical exercise through
the use of play apparatus.
All municipally owned parks, park facilities, playgrounds,
swimming areas, green belts, open spaces, streets, parking facilities
and easements for public use.
Any open swimming area developed with the intent for use
for swimming purposes and under the supervision of a professional
lifeguard.
C.
Regulations and restrictions.
(1)
Littering prohibited. Depositing rubbish or litter in any park or
public property is prohibited. No person shall place or deposit any
filth, ashes, embers, dirt, garbage, rubbish, paper or other litter,
refuse or offensive matter in or on any park or other public property.
This provision shall not prevent the proper use of rubbish burners
or other receptacles where they are provided by the City.
(2)
Sound devices. No person shall operate or play any amplifying system
unless specific authority is first obtained from the Common Council
or a designated committee thereof.
(3)
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 Common Council or a designated committee
thereof.
(4)
Throwing stones and missiles prohibited. No person shall throw stones
or other missiles in or into any park.
(5)
Removal of park equipment prohibited. No person shall remove benches,
seats, tables or other park equipment from any park.
(6)
Trapping. "Trapping," when used in this subsection, includes the
taking, or the attempting to take, of any wild animal by means of
setting or operating any device, mechanism or contraption that is
designated, built or made to close upon, hold fast or otherwise capture
a wild animal or animals; live traps on a person's property are excluded.
The trapping of wild animals is hereby prohibited in City parks unless
authorized by the Common Council.
(7)
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.
(8)
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.
(9)
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 Common Council authorization for shows, rides or exhibits
and then only for the purpose of loading and unloading.
(10)
Snowmobiles. No person shall operate a snowmobile in a City
park except in designated areas. Snowmobiles shall only be operated
on designated trails.
(11)
Speed limit. No person shall operate any vehicle in a City park
in excess of 15 miles per hour unless otherwise posted.
(12)
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 alcoholic beverages.
(13)
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.
(14)
Parking in parks. No person shall park any motor vehicle in
any park in the City except in a designated parking area.
(15)
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 Common 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.
(16)
Removing tree protectors. No person shall remove any device
for the protection of trees or shrubs.
(17)
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.
(18)
Arrows. No person shall use or shoot any bow and arrow in any
City park, except in authorized areas.
(19)
Fees and charges. The Common 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.
(20)
Camping. Camping in all City parks is prohibited.
(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.
(23)
Controlled substances. Possessing, using or dispensing of a
controlled substance in violation of the Uniform Controlled Substances
Act is prohibited in all City parks.
It shall be unlawful for any person to fly, operate or make
use of any remote- or radio-controlled model airplane, helicopter
or any other such airborne device in, over or upon any street, park
or other public or private property, except in areas specifically
designated and posted for such purpose and with the consent of the
property owner or lessee of the property.
Except as authorized by the Common Council or designated committee
thereof, no person shall dig into the turf of any City-owned park
or recreational property for any purposes whatsoever or remove any
trees or flowers. Absent authorization by the Common Council, the
use of metal detectors and digging for buried objects on City parks
or recreational property, except beaches where no vegetation is present,
is prohibited.
A.
Park hours. Subject to certain exceptions listed in Subsection B below, all City parks shall be closed from 10:00 p.m. to 5:00 a.m. the following day. Closing hours shall not be applicable for authorized events.
B.
Park closing and opening dates. The Chief of Police or Common Council
will have full authority to open and close any park, facility or area
because of weather conditions, physical condition, construction or
when, in the interest of public safety, it is deemed necessary.
A.
Policy on reservation. The 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, excluding camping areas,
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 Clerk-Treasurer
for a permit for exclusive use of the same. The City Clerk-Treasurer
shall issue permits for exclusive use of a portion of a park or park
shelter, while the Common 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 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 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 using the park, area or facility.
(6)
Any additional information which the Common Council or City Clerk-Treasurer
finds reasonably necessary to a fair determination as to whether a
permit should be issued.
D.
Action on application. The Common Council shall act promptly on all
applications for permits for exclusive park use (not shelter use)
after consulting with the applicant, if necessary.
E.
Reasons for denial. Applicants may be denied for any of the following
reasons:
(1)
The use is one which would involve a violation of federal or state
law or any provision of this Code.
(2)
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)
The application 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)
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.
F.
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.
G.
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.
H.
Permit revocation. After granting a permit, the Common Council and/or
Chief of Police 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
for the issuance of the permit.
I.
Form of permit. Each permit shall be in a form prescribed by the
Common 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.
J.
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 290, Intoxicating Liquor and Fermented Malt Beverages, § 290-16, and Chapter 301, Juveniles, § 301-1, 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.
K.
Care of facilities. Persons reserving City facilities shall be completely
responsible for cleaning up the facilities after the event to the
satisfaction of City officials. Inadequate cleaning shall result in
the permit holders being billed for such cleanup costs.
