The City Manager shall have jurisdiction and control over the
administration of the park system, including the authority to promulgate
reasonable rules and regulations in conformance with this chapter.
The City Manager may delegate responsibilities pertaining to the operation
and maintenance of parks to City employees who shall be directed by
and responsible to the City Manager.
[Amended 2-13-2019 by Ord. No. 3684]
No activity for which admission is charged or goods are sold shall be conducted in any City park without a permit issued pursuant to and in accordance with the following provisions listed below and may also require a special event or march/public assembly permit pursuant to Chapter
562 of the Code of the City of Fond du Lac:
A. Applications shall be submitted on forms available for that purpose.
B. No permit shall be granted to a group exceeding 50 people except
if, in the discretion of the City, a larger group can be accommodated.
C. No permit shall be granted for an activity that constitutes a public
nuisance or is of a nature that is offensive to other users of the
park system.
D. The City reserves the right to approve the park and the location
in a park for the permitted event or activity.
E. Permits may be issued only when the City determines that such activity
will not interfere with other events or activities.
F. The City reserves the right to revoke any permits issued under this
section for violations of park rules and regulations.
G. If a shelter is required for the activity, existing fees for the
shelter shall be paid prior to the issuance of a permit.
H. Permits will not be issued for activities that in the opinion of
the City will cause damage to grass, equipment or other park facilities
other than normal wear and tear.
I. The area shall be cleaned of all litter and debris and restored to
the condition existing prior to the event.
[Amended 7-10-2002 by Ord. No. 3108; 9-12-2007 by Ord. No. 3333; 7-9-2014 by Ord. No. 3556]
No person, firm or corporation, except an authorized police
officer, using City parks shall either perform or permit to be performed
any of the following acts in any City park or on any City-owned or
-controlled land, trail or open space area, except as authorized by
the City Park Division:
A. Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any buildings, bridges, tables, benches, fireplaces, railings,
paving or paving material, waterlines 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, facilities or park property
or appurtenances whatsoever, either real or personal.
B. 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 such waters.
C. Bring in or dump, deposit or leave any bottles, broken glass, ashes,
paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other
trash. Refuse or trash shall not be placed in any waters in or contiguous
to any park or left anywhere on the grounds but shall be placed in
the proper receptacles where these are provided. Where 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.
D. Bring into any park any garbage from home or other place with the
intent of depositing same in a park container or receptacle.
E. Disturb the peace or use any profane, obscene or blasphemous language.
F. Endanger the safety of any person by any conduct or act.
G. Commit any assault or battery or engage in fighting.
H. Prevent any person from using any park or any of its facilities or
interfere with such use in compliance with this chapter and the rules
applicable to such use.
I. 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
herein or may be adopted.
J. Operate a bicycle or other similar vehicle in any area of a City
park where signs are posted prohibiting bicycle operation.
K. Bring into or possess in any City park any glass beverage container.
"Glass beverage container" means an individual, separate glass bottle,
jar or carton that is originally used to contain a beverage as defined
in § 100.33(1)(a), Wis. Stats., for retail sale.
L. Operate any engine-driven vehicle, such as, but not limited to, an
all-terrain vehicle (ATV), snowmobile, motorcycle, dirt bike, go-kart,
automobile, truck, or dune buggy, except as may be specifically authorized
by the City Park Division.
M. Ignite and maintain campfires, except where otherwise authorized
for cooking purposes.
N. Hunt, trap, threaten, chase, injure or attempt to injure, destroy
or attempt to destroy animals, birds and wildlife except under the
supervision of the City Park Division.
O. Ride, lead or travel by horseback.
P. Cut, remove, plant, trample and/or disturb trees, vegetation and
flora except by or under the supervision of the City Park Division.
Q. Operate or discharge any firearm, bow and arrow or crossbow, slingshot,
air gun, paintball gun, spring gun or any similar device. Operation
or discharge of bows and arrows and crossbows must be in compliance
with § 839-2B(1) and (2), or as subsequently amended.
R. Carrying a firearm; entering or remaining at a special event, march, or public assembly as defined in Chapter
562 of the Code of the City of Fond du Lac; or a special event as defined and subsequently amended in Wis. Stat. § 943.13(1m)(c)3; if the organizers of said event have notified the actor not to remain at the event while carrying a firearm or with that type of firearm. This subsection does not apply, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the special event grounds or building that is used as a parking facility.
[Amended 2-13-2019 by Ord. No. 3684]
S. Consume, bring into or give away any liquor, beer or other alcohol beverages or fermented malt beverages except as specified by §
488-6 of this chapter.
[Amended 10-11-1995 by Ord. No. 2808; 3-13-1996 by Ord. No. 2830; 9-12-2007 by Ord. No. 3333]
A. Lakeside Park, East and West.
(1) No person shall consume, bring into or give away any liquor, beer
or other alcohol beverages or fermented malt beverages within Lakeside
Park, East and West, between the hours of 8:00 p.m. and 8:00 a.m.,
except that possession and consumption of such beverages are permitted
between the hours of 8:00 p.m. and 11:00 p.m. by persons who have
obtained a reservation for a picnic area issued by the Park Superintendent
or his/her designee and who are possessing or consuming the beverages
in compliance with the date, time and area specified in such reservation.
Possession or consumption of alcohol beverages is only permitted in
the pavilion, shelter or open grill areas.
(2) On Independence Day such beverages shall be permitted outside of these areas from 8:00 p.m. to 11:00 p.m., provided that no beverages shall be possessed or consumed in those areas specified by Subsection
C.
(3) During festivals approved by the City Council, alcohol beverages
shall be permitted in all areas reserved for festival activities.
(4) The possession and consumption of fermented malt beverages shall
be permitted until 11:00 p.m. at the athletic fields when such beverages
are being sold during softball tournaments sanctioned by the City
Council.
(5) No alcohol or fermented malt beverages shall be carried into Lakeside Park during Walleye Weekend except by persons granted special permits to sell such beverages in accordance with Subsection
E.
B. McDermott and Buttermilk Creek Parks. Possession or consumption of
alcohol beverages shall be permitted in Buttermilk Creek Park and
McDermott Park between the hours of 8:00 a.m. and 11:00 p.m. by persons
who have obtained a reservation for a picnic area and shall only be
possessed or consumed in the shelter or open grill areas of those
parks.
C. Lakeside Park. No person shall possess or consume intoxicating liquor
or fermented malt beverages in the playground, zoo area, lighthouse
triangle flower bed area or any other area of the park that is posted
as an area where alcohol beverages are prohibited.
D. Possession or consumption prohibited. No person shall possess or
consume intoxicating liquor or fermented malt beverages at any time
in the following parks:
[Amended 4-24-2014 by Ord. No. 3544; 7-28-2021 by Ord. No. 3732]
(3) Catherine Whittier Lewis Park.
(7) Huck Park aka "Hucks Bellevue Park."
(8) James "Maggie" Megellas Park.
(17)
Other City-owned open spaces and trails.
E. Sale of fermented malt beverages and intoxicating liquors. No person shall sell, barter, exchange, offer for sale or have in his possession with intent to sell, deal or traffic in fermented malt beverages or intoxicating liquors in or on any public park or play area within the City, with the following exception: fermented malt beverages may be sold upon granting of a special permit by the City Council, along with the necessary liquor license. Such sales will commence not earlier than 10:00 a.m. and will cease not later than 9:00 p.m. The permittee will deposit the sum of $100 with the City to guarantee the cleanup of the area where such beverages are permitted to be sold following the event for which the permit is granted. Such $100 will be returned to the permittee following an inspection by the City and its approval. The permittee may also be required to obtain a special event permit pursuant to Chapter
562 of the Code of the City of Fond du Lac.
[Amended 2-13-2019 by Ord. No. 3684]
[Amended 9-12-2007 by Ord. No. 3333]
A. Hours.
(1) The following parks shall be closed between the hours of 9:00 p.m.
and 8:00 a.m.:
[Amended 7-28-2021 by Ord. No. 3732]
(c)
Catherine Whittier Lewis Park.
(g)
Huck Park aka "Hucks Bellevue Park."
(h)
James "Maggie" Megellas Park.
(2) The following parks shall be closed between the hours of 11:00 p.m.
and 8:00 a.m.:
B. Exceptions. No person shall be on the premises of any park during
the closed hours with the following exceptions:
(1) City employees. Any City official, employee or agent who is performing
an official duty.
(2) Ice skaters. Any person using an approved ice skating rink in any
park may be on the premises until 10:00 p.m. while the rink is in
operation.
C. Other open space lands. City-owned and/or controlled open space areas
and trails shall be utilized by the public during daylight hours only.
[Amended 2-13-2019 by Ord. No. 3684]
No person shall engage in special activities, including flying
model airplanes, golf practice, ice-skating and games, except at locations
specifically designated for such activities by the City. Areas for
such activities may be reserved by groups for use at specified times.
The City reserves the right 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 by City officials to achieve this end. No person
in any park not holding a valid reservation shall use any portion
of the picnic areas or any of the buildings or structures to the exclusion
of other persons.
No person other than employees or permittees of the parks shall
vend, sell, peddle or offer for sale any commodity, article or service
within any park.
No person shall use a bow and arrow in any City park unless
approved by the City.
[Amended 2-12-2003 by Ord. No. 3129]
A. Permit fee. No person shall use any City-owned or operated watercraft
launch site without obtaining a daily or annual permit. The permit
shall apply to the use of watercraft launch site by any person or
vehicle launching any watercraft at the site.
(1) Payment of fees. Permit fees shall be paid on a daily or annual basis.
The daily and annual fee amounts shall be established by resolution
of City Council.
(2) Daily fees. Daily permits shall only be valid during the day of purchase.
Said permits shall be displayed on the rear-view mirror of the motor
vehicle used to launch the craft and shall remain on display for the
entire time the vehicle is on the premises of the City launch site.
(3) Annual fees. Annual permits shall be valid from March 1 of the issuing
year to February 28 of the subsequent year. Annual permit stickers
shall be prominently displayed on the left-hand side of the tongue
of the trailer used to transport the craft to the launch site; if
no trailer is used, the stickers shall be prominently displayed on
the back left bumper of the vehicle used to transport the craft to
the launch site.
(4) Exemptions. Exemption from payment of the watercraft launch fee may
be granted for the launching of certain authorized government watercraft
by the express approval of the Fond du Lac Park Superintendent.
B. Avoidance of fees. No person or owner of a vehicle shall engage in
any shift, scheme, device or plan which results in payment of less
than the actual permit fee due for any person or vehicle launching
a watercraft from a City of Fond du Lac watercraft launch site.
C. Responsibility of owner. If any vehicle with a watercraft trailer
is found upon any street, alley, highway, park or other public grounds
of the City in violation of this section and the identity of the driver
cannot readily be determined, the owner or person in whose name such
vehicle is registered shall be held prima facie responsible for such
violation.
D. Revenues. All revenues derived from launch fees shall be
used to fund water-based site improvements and for watercraft launch
site operation and maintenance.
[Amended 4-13-2016 by Ord. No. 3602]
Penalty. Any person found to be in violation of any parking violation shall be subject to a penalty as provided in the Parking Deposit Schedule; all other violations of this chapter are subject to a penalty as provided in §
1-4 of this Code.