[HISTORY: Adopted by the City Council of the City of Marion as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 47 of the 2000 Code]
The purpose of this article is to provide rules governing the use of the public parks of the City.
Use of motorized bikes, scooters or vehicles is restricted to designated roads, roadways and parking areas, except official vehicles or with written permission.
[Amended 3-23-2023 by Ord. No. 23-02]
All parks are closed to public use from 10:00 p.m. to 6:00 a.m., and no person or property shall be present on park property during those hours unless written permission from the Park Board has been granted or unless the use is limited to a particular recreational facility which is posted for use after 10:00 p.m.
No person shall litter park grounds with any form of waste material.
Use of firearms, BB guns, slingshots, javelins, bow and arrow, rubber guns or other dangerous instruments or toys in parks is prohibited. Likewise, throwing stones or other missiles on park property is prohibited. The provisions of this section shall not apply to the playing of disk "frisbee" golf on established disk golf courses.
Hunting and trapping on park property are prohibited.
Consumption of beer, wine or alcoholic beverages is prohibited in any park from 10:00 p.m. to 6:00 a.m. except by special permit.
Setting a fire is prohibited except in fireplaces and/or in designated areas.
[Amended 3-23-2023 by Ord. No. 23-02]
Removal of dead wood from park areas is prohibited without written permission from the Parks Director or designee.
[Amended 3-23-2023 by Ord. No. 23-02]
Cutting, digging, removing, damaging or interfering with any tree, bush or plant material in any park is prohibited without written permission from the Parks Director or designee.
No person shall play, practice or otherwise hit a golf ball in any manner in any park area without special permission from the Park Board.
Use of liquid or solid fuel propelled rockets or model airplanes, with or without cables, is prohibited in all park areas, except by written permission of the Park Board or its authorized representative.
[Amended 3-23-2023 by Ord. No. 23-02]
Use of a musical instrument with sound amplifier or sound equipment that includes amplifiers is prohibited in all park areas without written permission of the Park Board or authorized representative.
No services shall be rendered for a fee or merchandise sold or made available or business of any kind transacted or entertainment given for a fee in any park without first obtaining written permission from the Park Board or its authorized representative.
[Ord. No. 02-27]
It is unlawful for any person to coast, sled, skateboard or roller blade in a municipal park, except in the areas blocked off or otherwise designated by the City for such purposes.
[Ord. No. 15-02]
A. 
Smoking and the use of any tobacco product, nicotine product, or electronic vaporizer, by any person, in any publicly owned outdoor park or outdoor recreational facility is prohibited at all times.
B. 
Definitions.
(1) 
The term "publicly owned outdoor park or outdoor recreational facility" means any publicly owned outdoor park or facility including any park, playground, athletic field or complex, skate park, aquatic area, shelter, trail and includes any associated restroom or parking lot.
(2) 
The term "tobacco product" as used in this section means any cigarette or tobacco product as defined in Chapter 453A of the Iowa Code.
[Amended 3-23-2023 by Ord. No. 23-02]
(3) 
The term "nicotine product" as used in this section means any product containing nicotine including look-a-like products where the original would include tobacco or nicotine including products that are dissolvable, spit less, snus, or for chewing.
(4) 
The term "smoking" as used in this section means inhaling or exhaling from any lighted or heated pipe, cigar, cigarette, or any other lighted or heated tobacco, plant material, liquid, oils, nicotine or other chemicals that may be inhaled by the user.
(5) 
The term "electronic vaporizer" as used in this section means any device, including, but not limited to, e-cigarettes, e-pens, e-hookah, e-cigars, and vape pens used to vaporize plant material, liquids, oils, nicotine or other chemicals that may be inhaled by users.
C. 
This section does not apply to the use of prescription medications by the person to whom the prescription was issued nor to the use of gum or patches designed as and marketed for smoking cessation.
[Adopted by Ord. No. 17-22 (Ch. 43 of the 2000 Code)]
The purpose of this article is to provide rules governing the use of the Uptown Artway.
The Uptown Artway shall be located in area currently designated for the Art in the Alley Project including property located between 7th and 8th Avenues and 10th and 11th Streets in the City of Marion, legally described as follows:
All of the north/south and east/west alleys in Block 13, Original Town, now the City of Marion, Linn County, Iowa; and
The East 14.5 feet of Lot 7 and West 7.5 feet of Lot 8, Block 13, Original Town, now City of Marion, Linn County Iowa; and
The West 22 feet of Lot 7, Block 13, Original Town, now City of Marion, Linn County, Iowa; and
The East 23.5 feet of the West 45.5 of Lot 7, Block 13, Original Town, now City of Marion, Linn County, Iowa; and
Lot 5, except West 36 feet of North 5 feet and Except East 10 feet of West 46 of North 27 feet and West 20 1/2 feet of Lot 6, Block 13, Original Town, now City of Marion, Linn County, Iowa; and
Lots 3 and 4, Block 13, Original Town, now City of Marion, Linn County, Iowa.
[Amended 3-23-2023 by Ord. No. 23-02]
Use of motorized bikes, scooters or vehicles, or similar motorized devices or vehicles, is prohibited within the Uptown Artway, except for official vehicles or with written permission. This prohibition shall not apply to motorized wheelchairs or similar personal assistive mobility devices.
No person shall litter the Uptown Artway with any form of waste material.
Use of firearms, BB guns, slingshots, javelins, bow and arrow, rubber guns or other dangerous instruments or toys in the Uptown Artway is prohibited. Likewise, throwing stones or other missiles on the Uptown Artway property is prohibited.
Consumption of alcohol is prohibited in the Uptown Artway from 2:00 a.m. until 6:00 a.m. except by special permit. Alcohol consumed in the Uptown Artway shall be brought into the Uptown Artway in a closed container. Glass containers are prohibited at all times. No one under the age of 21 shall consume alcohol in the Uptown Artway.
Setting a fire is prohibited except in fireplaces and/or in designated areas.
Use of a musical instrument with sound amplifier or sound equipment that includes amplifiers is prohibited in the Uptown Artway without prior approval from the City.
No services shall be rendered for a fee or merchandise sold or made available or business of any kind transacted or entertainment given for a fee in the Uptown Artway without prior approval from the City.
It is unlawful for any person to coast, sled, skateboard or roller blade in the Uptown Artway, except in the areas blocked off or otherwise designated by the City for such purposes.
A. 
Smoking in the Uptown Artway is prohibited at all times in accordance with Iowa Code 142D which prohibits smoking in any public place or outdoor entertainment venue. Further, the use of any tobacco product, nicotine product, or electronic vaporizer, by any person in the Uptown Artway is also prohibited at all times.
B. 
Definitions.
(1) 
The term "tobacco product" as used in this section means any cigarette or tobacco product as defined in Chapter 453A of the Iowa Code.
[Amended 3-23-2023 by Ord. No. 23-02]
(2) 
The term "nicotine product" as used in this section means any product containing nicotine including look-a-like products where the original would include tobacco or nicotine including products that are dissolvable, spit less, snus, or for chewing.
(3) 
The term "smoking" as used in this section means inhaling or exhaling from any lighted or heated pipe, cigar, cigarette, or any other lighted or heated tobacco, plant material, liquid, oils, nicotine or other chemicals that may be inhaled by the user.
(4) 
The term "electronic vaporizer" as used in this section means any device, including, but not limited to e-cigarettes, e-pens, e-hookah, e-cigars, and vape pens used to vaporize plant material, liquids, oils, nicotine or other chemicals that may be inhaled by users.
C. 
This section does not apply to the use of prescription medications by the person to whom the prescription was issued nor to the use of gum or patches designed as and marketed for smoking cessation.
Special events may be scheduled in the Uptown Artway, subject to the following rules:
A. 
Definitions.
(1) 
Public event: Any special event which is open to attendance by the general public.
(2) 
Private event: Any special event to which attendance is limited to a specific group of people or invitees.
B. 
Reserving the Uptown Artway. The Uptown Artway may be reserved for public events. Interested parties shall fill out an application and hold-harmless agreement with the City of Marion in order to schedule a special event in the Uptown Artway. The Uptown Artway may not be reserved for private events.
[Amended 3-23-2023 by Ord. No. 23-02]
C. 
Fire Code compliance. All scheduled events must comply with the Fire Code requirements for outdoor space/places of assembly as addressed in the Fire Prevention Code currently adopted.[1]
[Amended 3-23-2023 by Ord. No. 23-02]
[1]
Editor's Note: See Ch. 126, Art. V, Fire Prevention Code.