[Ord. No. 4081, 11-23-2020; Ord. No. 4254, 8-25-2022]
As used in this Chapter, the following
terms shall have these prescribed meanings:
BOARD
The Board of Aldermen of the City of Fenton.
CITY PARK
A park, reservation, playground, or any other area of the
City, owned or used by the City, and devoted to active or passive
recreation, excluding RiverChase YMCA
CITY PARK FACILITIES
Facilities and/or amenities located in or on City Parks,
including, but not limited to, ball fields, sports courts, rooms,
and pavilions or shelters.
DIRECTOR
The Public Works Director or his/her designee.
FIREWORK
A device containing gunpowder and other combustible chemicals
that causes an explosion when ignited.
HEATING DEVICE
A camp stove, grill, heater, or other container or device
capable of generating or containing an open flame, excluding handheld
lighters less than six (6) inches in length.
PERMIT
A document issued by the City authorizing exclusive use of
City Parks or City Park Facilities, or portion thereof, as provided
for in this Chapter.
PERSON
Includes persons, associations, partnerships, firms, and
corporations or any other company or organization of any kind.
SPECIAL EVENT
A non-commercial activity or event in a City Park, which
by their attendance [typically more than seventy-five (75) people]
or amenities (pony rides, hot air balloons, or tents or amusement
devices that require a permit), require exclusive use of an entire
City Park or a large area of a City Park to accommodate the activity
or event, or if the activity or event requires the use of City personnel
or services that are not provided through the City's normal operations.
RIVERCHASE YMCA
The City's recreation facility, located at 990 Horan Drive,
that is contractually operated and managed by the YMCA
VEHICLE
Any wheeled 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 baby carriages and
vehicles of the City.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
A. No person in a City Park shall:
1.
Willfully mark, deface, disfigure,
injure, tamper with, affix other items to, or displace, or remove
any buildings, bridges, tables, benches, fireplaces, railings, paving
or paving materials, water lines or other 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, City Park Facilities, or other property,
structure, or appurtenances whatsoever, either real or personal; except
that the use of temporary decorations for an event approved by Permit
is permissible.
2.
Dig or remove any soil, rocks, 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 in conjunction with a City-authorized project and
in accordance with all applicable rules and regulations.
3.
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, unless specifically authorized by the Board.
4.
Damage, cut, carve, transplant, or
remove any trees or plants or injure the bark or pick flowers or seeds
of any tree or plant; or hang any clothing, blankets, decorations,
or other materials on any tree or plant; or attach any rope, wire,
or other contrivance to any tree or plant; or dig in or otherwise
disturb grassy areas, nor in any way injure or impair the natural
beauty or usefulness of any area.
5.
Hunt, molest, harm, trap, kill, or
shoot at any animal, reptile, or bird; or remove the eggs, nest, or
young of any bird.
6.
Give or offer to give any animal
or bird any noxious substance.
7.
Use, possess, or bring into any City
Park any glass bottle or container.
8.
Use a bow and arrow, cross bow, firearm,
or similar device, unless specifically authorized by the Board.
9.
Use, ignite, explode, fire, or otherwise
discharge any Fireworks, unless specifically authorized by the Board.
10.
Possess drugs of any kind or description,
except for prescription drugs easily identified as such, in any City
Park at any time. Such prescription drugs shall not be left unattended.
11.
Obstruct, hinder, or block unreasonably
the use of any walkway, sidewalk, or City Park area. No extension
cords or similar cords or hoses shall be permitted except when expressly
approved by Permit and taped down or placed in a manner not to cause
a tripping hazard.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
A. Unless otherwise posted, no person shall
fish in any City Park lake without having first obtained a fishing
permit from the State of Missouri Conservation Department, if they
have reached the age of sixteen (16) or have not reached the age of
sixty-five (65). The permit must be in his or her possession while
fishing. No person shall keep in his or her possession or about his
or her person more than six (6) fish total of any variety per day,
with the following size and limit restrictions:
1.
One (1) bass per day (eighteen-inch
minimum length).
2.
Three (3) catfish per day.
B. No person shall violate any size requirement,
rule, or restriction as listed by the Missouri State Conservation
Department.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
No person in a City Park shall ride
or drive a Vehicle at a rate of speed exceeding fifteen (15) miles
per hour, nor shall they at any time drive any Vehicle on any area
except the paved park roads, parking areas, or other such areas as
may on occasion be designated as temporary parking areas by the Board;
or park a Vehicle in other than established or designated parking
areas.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
No person in any City Park may park
or cause to be parked any Vehicle on grassy areas except as specifically
permitted by the Board. No person shall park a Vehicle other than
in areas designated for such.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
No person shall enter any City Park
by truck or bus exceeding an unloaded weight of eight thousand (8,000)
pounds unless specific permission, in writing, is obtained from the
Board. This does not include Vehicles delivering to or coming from
City Parks for City-approved projects or events.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
No person shall swim, dive, or wade
in any lake, pond, or stream within any City Park; except places that
are provided therefor.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
A. All fires or use of any Heating Device
in any City Park are prohibited, except for the following:
1.
Fires may be built only in receptacles
and City Park Facilities provided by the City and intended therefor;
and
2.
Patrons may use their own portable
Heating Devices when approved by the Director and in conjunction with
an approved Permit.
B. No person who has built any fire shall
leave the area where the fire was built without first extinguishing
the fire.
C. No person shall drop, throw, or scatter
lighted matches, burning cigarettes or cigars, tobacco, papers, or
other flammable material within any City Park area.
D. Notwithstanding any other provision herein,
fires and use of any Heating Device may be prohibited entirely in
any City Park or in any designated area therein by the posting of
notices prohibiting the same.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
Camping is prohibited in any City
Park, except as specifically permitted, in writing, by the Board.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
A. Domestic animals are allowed in City Parks
subject to the following:
1.
No person shall permit a domestic
animal to run loose in a City Park.
2.
No leash on which a dog or cat is
tethered may be longer than six (6) feet in length and must be held
by a competent person.
3.
No vicious animal of any kind shall
be brought into a City Park at any time even though restrained as
described above.
4.
No animal shall be tethered to any
bush, tree, or shrub or to any City Park structure.
5.
No person shall run any animal behind
or aside any Vehicle or bicycle, whether on a leash or not.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
It shall be unlawful for any person,
while in or about any City Park, to ride a horse or pony or allow
to run at large a horse, pony, or other similar animal with the exception
of pony rides for City-sponsored events or other Special Events.
[Ord. No. 4254, 8-25-2022]
It shall be unlawful for any person, while in or about any City
Park, to erect, fly, ride in, or operate a hot air balloon, or other
similar device, with the exception of City-sponsored events or other
Special Events.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
A. No person in a City Park shall:
1.
Throw, discharge, or otherwise place
or cause to be placed in the waters of any fountain, pond, lake, stream,
storm sewer, or drain flowing into such waters, any substance, matter
or thing, or liquid or solid, which will or may result in pollution
of such waters.
2.
Litter, or cause to be littered on
any of the grounds, driveways, buildings, or other structures by scattering,
dumping, or leaving, paper, garbage, cans, broken glass, bottles,
ashes, rubbish, waste, or other trash. All such rubbish or waste shall
be carried away from the park by the person responsible for its presence
and properly disposed of elsewhere.
3.
Leave blankets, bags, or needles
unattended.
4.
Use trash receptacles for deposit
of garbage or other rubbish brought from outside a City Park.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
No person shall solicit alms or contributions
for any purpose whatsoever, whether public or private, within any
City Park, except when in conjunction with a use approved by Permit
or other area dedicated to speech as identified by the City.
[Ord. No. 4254, 8-25-2022; Ord.
No. 4456, 6-27-2024]
A. Solicitation
Of Any Business Or Service Is Prohibited. No person is permitted to
offer or advertise merchandise or other goods for sale or hire. Excepting
City-sponsored events and activities, maintaining of a concession
or the use of any City Park Facility, including any trail, road, bench,
open area, table, or other City Park property for commercial purposes
such as offering an exercise class, clinic, dog training, or similar
commercial classes, clinics, or activities is prohibited unless a
license is issued by the Board or its designated representative(s).
Such license shall be clearly displayed by the person(s) seeking to
conduct commercial activities within the City Park. The licensing
process will help to ensure that the City is aware of the activity
taking place within the City Park, that the proposed date/time/location
does not conflict with scheduled activities/events/operations, that
overcrowding does not occur to interfere with the guests and patrons
of the City Park, that the business or service uses do not overlap
to create a hazard (such as a dog training class occurring at the
same time and same location as a yoga class), to ensure the person
engaging in commercial activity in the City Park has insurance and
other protections in place to insulate the City from liability from
the same, and that no harm is done to the landscape of the City Park.
B. Nothing
within this Section shall apply to a City-sponsored event, usage of
an athletic field covered by a Permit, or any event that is required
to obtain a Special Event Permit.
C. Applications
for a license for activity provided in this Section shall be submitted
to the City Clerk on forms provided by the City. The City Clerk shall
be authorized to create an application form in accordance with the
requirements of this Section. The application at minimum shall request
the date, time, and location of the desired activity, contact information
for the applicant, proof of insurance at the current sovereign immunity
rates and naming the City as an additional insured, unless waived
by the Board, hold harmless, indemnification, and waiver and release
agreement, and license fee.
D. Commercial
Activity License Fees are established by the Board on a case-by-case
basis, taking into account the activities' impact on other park activities
and uses, the duration of the event, and any Direct Cost. Direct Costs
are any costs incurred by the City to provide services and/or amenities
for a Commercial Activity above and beyond typical operations, including
but not limited to City personnel salaries and overtime. Commercial
Activity License Fees that do not require Board approval and are issued
by the City Clerk or designee are twenty-five dollars ($25.00).
E. In
its review of the license request, the Board or its designated representative(s)
should consider:
1. The risk of damage to City Park Facilities;
2. The disruption of or conflict with the public's use and enjoyment
of the City Park;
3. Whether the issuance of such license may result in crowded or congested
conditions due to the anticipated number of attendees for a planned
event;
4. The nature of the requested activity, including whether such activity
involves:
a. The sale of products or items, which is prohibited unless it is a
First-Amendment-protected activity;
b. The use of furniture, tents, or large "prop" amenities, which is
prohibited; or
c. The use of models or equipment.
5. The time and duration requested for such commercial purposes, including:
a. Whether the activity will last one (1) hour or more;
b. Whether the number of people involved is twenty-five (25) or more;
or
c. Whether the time requested conflicts with a period of peak visitation
to the City Park or other scheduled events, activities, or operations.
F. Any
license request involving less than twenty-five (25) people, lasting
for less than one (1) hour, lasting only one (1) date, and complying
with the above, will be granted by the City Clerk or a designee, provided
the City Clerk may approve a location other than as requested to ensure
no interference with other activities of the City Park. All such license
requests must be submitted at least forty-eight (48) hours before
the proposed activities. The City Clerk will submit any application
that the City Clerk believes conflicts with any of the above factors
to the Board for review. Any license request involving twenty-five (25)
or more people, lasting one (1) hour or more, is reoccurring on more
than one (1) date, or otherwise conflicts with any of the above factors
must be submitted at least thirty (30) days in advance of the proposed
activities so that the Board may review the request, and the license
authority may be limited to certain designated areas. The Board may
in its sole discretion deny any license that does not meet the intent
and requirements of this Section. The City Clerk or Board may impose
conditions on the license to ensure a requested activity is consistent
with the intent and requirements of this Section. Each license issued
by the City shall only be effective on the date and time specified
on the license and for the location so specified and shall incorporate
all rules and regulations set forth in this Chapter. No license issued
under the provisions of this Section shall be assigned or transferred
to any other person or business or transferred to another location.
G. The
City Clerk or Director shall have the authority to revoke a license
issued pursuant to this Section upon a finding of violation of any
rule or any provision of this Code or other City ordinance, rule,
or policy applicable to use of such licensed area, or upon good cause
shown. If a license is revoked, a refund will not be provided and
shall be grounds for denial of subsequent license requests.
H. The
City's issuance of a license hereunder is not intended to, and expressly
does not, create a vested property right in any use allowed by the
City's grant of a license nor does it create a right or expectation
in the applicant to the City's issuance of a subsequent license for
the same activity. The City shall have the authority to stop or otherwise
halt the activities of any license that is at any time presenting
a threat to the health, safety, or welfare of the visitors to the
City Park.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
No person shall operate any motor-driven
model airplane, car, or toy in a City Park area not designated for
such use.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
No person shall play or practice
golf in any area of a City Park not designated for such use.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
A. No person in a City Park shall:
1.
Operate a skateboard or ride a bicycle
on other than a paved road or path designated for that purpose, except
a bicyclist may wheel or push a bicycle by hand over any grassy area
or wooded trail or on any paved area reserved for pedestrian use.
2.
Leave a bicycle in a place other
than a bicycle rack.
3.
Fail to comply with all local and
State regulations regarding bicycle safety.
4.
Operate a skateboard or bicycle in
any City Park after dark or before 6:00 A.M. the following day.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
A. No person in a City Park shall:
1.
Possess, bring, or consume any intoxicating
beverages of any kind or description, including beer otherwise known
as three and two-tenths percent (3.2%), unless of legal age.
2.
Possess alcoholic beverages during
league or tournament play within five hundred (500) feet of Diamonds
1, 2, or 3 in Fenton City Park or any ball field located at Fenton
Sports Complex, unless beverages have been purchased at a City concession
stand.
3.
Possess alcoholic beverages at RiverChase
YMCA, unless beverages are in conjunction with a RiverChase YMCA or
City-sponsored event or an approved Permit.
4.
Leave alcohol unattended or fail
to properly dispose of alcoholic beverages.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
A. When Required. A Permit approved by the
Director or Board shall be obtained from the City before any exclusive
use of any City Park or Park Facility or portion thereof will be permitted.
B. Permit Effect. No person not invited by
a permittee shall loiter or remain in or on any City Park Facility
reserved by an issued Permit.
C. Permit Application. Applications shall
be submitted, in writing, in advance of the proposed use. The Director
shall be authorized to develop and update application forms to accomplish
the purposes of this Chapter. At minimum, the application shall contain:
1.
The name and address of the applicant.
2.
The name and address of the person
sponsoring the activity, if any.
3.
The day and hours for which the Permit
is desired.
4.
The City Park and/or City Park Facility
or portion thereof for which the Permit is desired.
5.
An estimate of the anticipated attendance.
6.
Any other information which the Director
finds reasonably necessary to a fair determination as to whether a
Permit should issue hereunder.
D. Permit Requirements.
1.
Code Compliance. Any permittee shall,
as a condition of issuance of a Permit, be bound by all City Park
rules, regulations, and policies and all applicable provisions of
this Code as though fully inserted into the issued Permit.
2.
Waiver. Any permittee shall, as a
condition of issuance of a Permit, agree to a waiver and release of
liability provision. The permittee shall also, as a condition of any
Permit issued, be responsible for the cost of any damage to City Park
Facilities or other property occurring during such permitted event
and, depending on the type of Permit, may be required to submit a
deposit to cover any such damage prior to issuance of any Permit.
3.
Insurance Required — When.
All groups, associations, or assemblies comprised of more than seventy-five
(75) persons or uses that include outside amenities, such as amusement
devices or rides or the erection of tents, must obtain a certification
of liability insurance naming the "City of Fenton" as an additional
insured in an amount no less than the individual and combined sovereign
immunity limits established by Section 537.610, RSMo., for political
subdivisions. Nothing in this requirement or the insurance shall be
deemed a waiver of the City's sovereign immunity. Upon request, the
Board may waive or modify these insurance requirements upon good cause
shown.
E. Permit Fees. A schedule of fees shall be
kept on file with the Public Works Department and City Clerk.
F. Permit Standards. The Director shall issue
a Permit when he/she finds that:
1.
The proposed activity or use will
not unreasonably interfere with or detract from the general public
enjoyment of the City Park;
2.
The proposed activity and use will
not unreasonably interfere with or detract from the promotion of public
health, welfare, safety, and recreation;
3.
The proposed activity or use is not
reasonably anticipated to incite violence, crime, or disorderly conduct;
4.
The proposed activity will not entail
unusual, extraordinary, or burdensome expense or police operation
by the City; and
5.
The City Park Facilities desired
have not been reserved for other use at the day and hour requested
in the application.
G. Board Approval Required When. Special Events
must be approved by the Board before the Director shall issue a Permit.
H. Revocation. The Director shall have the
authority to revoke a Permit issued pursuant to this Section upon
a finding of violation of any rule or any provision of this Code or
other City ordinance, rule, or policy applicable to use of such permitted
area, or upon good cause shown. If a Permit is revoked, a refund will
not be provided.
I. Cancellation. The Director shall have the
authority to cancel a Permit issued pursuant to this Section due to
inclement weather conditions or upon other good cause shown. Refunds
shall be dictated by City policy.
J. Supervision. The Director shall generally
oversee the Permits issued hereunder and shall, with the approval
of the Board, supervise the recreational use of City Parks and City
Park Facilities to carry out the City's recreational program.
[Ord. No. 4081, 11-23-2020; Ord. No. 4153, 8-26-2021; Ord. No. 4254, 8-25-2022]
A. Fenton City Park will be open from 6:00
A.M. to 11:00 P.M. daily.
[Ord. No. 4409, 2-22-2024]
B. Fenton Sports Complex will be open from
6:00 A.M. to dusk daily, or until 11:00 P.M. as approved by a Permit
issued by the Director. Ballfields within Fenton Sports Complex are
only open for operation under a Permit issued by the Director.
C. The Olde Towne Pavilion will be open from
8:00 A.M. to dusk daily, or until 11:00 P.M. as approved by a Permit
issued by the Director.
D. All other City Parks will be open from
dawn to dusk daily.
E. No
person shall enter any City Park or remain therein after such Park
is closed, except by permission from the Director in association with
an approved Permit.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
The Director has the right to refuse
field usage at any time to any person without a Permit, based on field
conditions, reservations under a Permit approved for exclusive use
by other persons, or weekly scheduled field work. Field usage at Fenton
Sports Complex shall only be under a valid Permit.
[Ord. No. 4081, 11-23-2020; Ord.
No. 4254, 8-25-2022]
The provisions of this Chapter shall
not be applicable to City employees while engaged in their official
duties, nor shall the provisions of this Chapter apply to Board members
or City Officials while attending to City business.
[Ord. No. 4254, 8-25-2022]
Any person aggrieved by any final decision of the Director or any denial of a permit or license request or revocation of the same shall have the right to appeal said decision in accordance with Chapter
160. To the extent provided by law, such appeal shall be required for the person to exhaust all administrative remedies and have a final decision of the City.