For the purpose of this article the following terms shall have
the following meanings unless the context indicates otherwise:
A field or area that has been closed for any use due to weather
or maintenance by the recreation manager.
A field that has been designated by the recreation manager
to be used only for the purpose of conducting league play or tournament
play only.
An athletic event which is authorized, organized or scheduled
with the assistance of the city parks and recreation department by
a nonprofit organization.
A park, reservation, playground, recreation center, or any
other area in the city owned, leased, controlled or used by the city,
and devoted to active or passive recreation, including all planted
expressways, parkways, triangles and traffic circles maintained by
the city.
Any person, firm, partnership, corporation, association,
company or organization of any kind.
That person designated by the city manager to act as recreation
manager for the city.
(Ordinance adopting Code)
Within the limits of said parks, it shall be unlawful for any
person or persons to do any of the acts hereinafter specified, except
as may be otherwise provided:
(1)
To
hitch, fasten, lead, drive, or let loose any animal, reptile or fowl
of any kind, provided that this shall not apply to dogs when led by
a cord or chain, not more than six (6) feet long, except in designated
areas.
(2)
To
ride or drive any horse or other animal, except in designated areas.
(3)
To
ride, drive, or go at a rate of speed faster than speed limits as
posted on standard traffic signs, upon any bicycle, motorcycle, automobile
or any other vehicle whatsoever, upon any drive or street in any park
of the city, or to ride or drive any such motorcycle, automobile,
or other motorized vehicle upon any walk in such park, or to ride
or drive any such motorcycle, automobile or other motorized vehicle
upon the turf, grass or soil, except in designated areas.
(4)
To
carry or discharge any firearms, firecrackers, rockets, torpedoes
or any other fireworks, airguns, BB guns, bows and arrows, slingshots
or hit golf balls, except in designated areas.
(5)
To
damage, cut, break, injure, deface, or disturb any tree, plant, shrub,
rock, building, cage, pen, monument, fence, bench or other structure,
apparatus, or property; or to pluck, pull up, cut, take or remove
any shrub, bush, plant or flower; or to mark or write upon, paint
or deface in any manner any building, monument, fence, bench, or other
structure.
(6)
To
cut or remove any turf, wood, grass, soil, rock, sand, gravel, or
fertilizer.
(7)
To
swim, bathe, wade in, or pollute the water of any fountain, pond,
lake, or stream.
(8)
To
make or kindle a fire except in picnic stoves, braziers, firepits,
or designated areas provided for that purpose.
(9)
To
wash dishes or to empty salt water or other waste liquids elsewhere
than in sinks provided for such purposes.
(10)
To leave garbage, cans, bottles, papers, or other refuse elsewhere
than in receptacles provided therefor.
(11)
To participate or engage in any activity on any public park area
when such activity will create a danger to the public or may be considered
a public nuisance. Overnight camping is prohibited on any park property
except by special permit issued by the city manager or his designate.
(12)
To play or bet at or against any game which is played, conducted,
dealt or carried on with cards, dice, or other device, for money,
chips, shells, credit or any other representation of value, or to
maintain or exhibit any gambling table or other instrument of gambling
or gaming.
(13)
To use or speak any threatening, abusive, insulting or indecent language
in any of the public parks, and no person shall commit, in any parks,
any obscene, lewd, or indecent act or create any nuisance.
(14)
To disturb in any manner any picnic, meeting, service, concert, exercise
or exhibition.
(15)
To distribute, post, place or erect any advertising, handbill, circular,
bill, notice, paper or other advertising device without prior permission
of the city manager or his designate.
(16)
To sell or offer for sale any food, drinks, confections, merchandise,
or services unless such person has a written agreement or a permit
issued by the city manager or his designate.
(17)
To practice, carry on, conduct or solicit any trade, occupation,
business or profession or to circulate a petition of any kind or character
without approval of the city manager or his designate.
(18)
For any person over the age of six (6) years to use the restrooms
and washrooms designated for the opposite sex.
(19)
To remain, stay or loiter in any public park between the hours of
12:00 midnight and 5:00 a.m. of the following day or remain, stay
or loiter in any park in other than open hours if posted as open other
than 5:00 a.m. to 12:00 midnight of the same day except by a special
permit issued by the city manager or his designate.
(20)
To possess or consume any alcoholic beverage including liquor, wine,
beer, or any other type, within any city park or city-owned swimming
pool.
(21)
To participate or to attempt to participate as a coach, assistant
coach, manager, trainer, umpire, referee or other official during
any game, practice, or tournament sponsored by an organized sports
association, if such person is not recognized as such or if the person’s
recognition has been suspended, terminated or revoked by such sports
association.
(22)
To use any tobacco product, or to smoke or possess any burning tobacco
weed, plant or other tobacco product except in designated smoking
areas or in paved parking areas.
(23)
To interfere or disrupt any game, league play, tournament or practice
of any organized sports association, or any city sponsored or approved
organized athletic activity.
(24)
To use any abusive or profane language or gestures toward any coach,
assistant coach, trainer, manager, umpire, referee, player, or other
official during a practice, game or league play of any organized sports
association or any city sponsored or approved organized athletic activity.
(25)
For any person ejected from a game, field or facility by the umpire,
referee, or other game official to fail to leave the game, field or
facility, or to otherwise fail to comply with the ejection order.
(26)
For a person 18 years of age or older to participate or to attempt
to participate in any game, practice, or tournament of a youth sports
association as a coach, assistant coach, trainer, manager, umpire,
referee or in any other official capacity without first having on
file with the recreation manager a current certificate of satisfactory
compliance with the city policy for criminal background check from
the sponsoring youth sports association.
(Ordinance adopting Code)
The recreation manager is authorized to close any section or
part of a park at any time and for any period or interval of time
due to weather, maintenance or other public health or safety reason.
It shall be unlawful for any person to go upon any section or area
of a park which has been closed by the recreation manager.
(a)
Officials.
The city manager or his designate, park attendants
designated by the city manager or his designate, and police department
shall, in connection with their duties imposed by law, diligently
enforce the provisions of this article.
(b)
Ejectment.
The city manager or his designate, park attendants
designated by the city manager or his designate shall have the authority
to eject from the park any person acting in violation of this article.
(c)
Seizure of property.
The city manager or his designate
or any member of the police department shall have the authority to
seize and confiscate any property, thing or device in the park used
in violation of this article.
(Ordinance adopting Code)
(a)
The
recreation manager is authorized to designate fields as game fields
by posting a sign thereon stating: “Game Field–Restricted
to League Play Only.”
(b)
It
shall be unlawful for any person to go upon a field which has been
designated a game field except for the purpose of participating in
approved league play.
(Ordinance adopting Code)
(a)
The
recreation manager is authorized to designate any field as a closed
field for purposes of maintenance or to protect the surface of the
field from damage by posting a sign thereon stating: “Closed
Field–Do Not Trespass.”
(b)
It
shall be unlawful for any person to go upon a field which has been
designated as a closed field except for the purpose of authorized
maintenance or repairs.
(Ordinance adopting Code)
Except with prior approval of the recreation manager, no practice
is allowed on any game field or areas where games and practices have
been canceled due to weather conditions. Each sports organization
shall require in its bylaws that any team guilty of violating this
provision shall forfeit one league game.
(Ordinance adopting Code)
Sports associations which desire to use any city park or athletic
facility shall be required to execute a facility use agreement with
the city which contains the duties and responsibilities of the parties.
The use of city park or athletic facilities by youth sports associations
shall be restricted to organizations that have at least 75% of the
youth listed on the cumulative playing rosters of the organization
as residents. For purposes of this section, a resident is defined
as an individual currently residing in the city, or currently attending
public school in the city.
(Ordinance adopting Code)
The recreation manager shall control all concession rights for
all parks and athletic facilities. No concession may be sold in any
park or facility by any person except with the approval of the recreation
manager.
(Ordinance adopting Code)
Organizations or associations conducting organized leagues must
provide and keep in force for the duration of the season, with an
insurance company duly licensed in the state and rated A- or better
by A.M. Best, general liability insurance in an amount specified by
the city’s risk manager. Insurance limits will be reviewed on
an annual basis. In addition, the policy shall include the city as
an additional named insured. No games may be played until an acceptable
proof of insurance has been received by the recreation manager and
reviewed for adequacy by the city’s risk manager.
(Ordinance adopting Code)
All groups or organizations desirous of establishing leagues
and utilizing recreational facilities owned, leased, or controlled
by the city for competitive or recreational league play must comply
with the following requirements:
(1)
Be
a nonprofit organization serving and operating exclusively for amateur
sports competition.
(2)
If
requested, file a yearly financial report with the recreation manager.
(3)
Have
an active board of directors with a president or chairperson, vice-president
or cochairperson, secretary, and treasurer.
(4)
Have
on file with the recreation manager a current copy of the organization’s
articles of incorporation, constitution, bylaws (which must be in
harmony with parks and recreation department policies), a certificate
of liability insurance, and names of the organization’s board
of directors.
(5)
Have
a policy that permits individuals to file for exemption from registration
fees.
(6)
Have
a nondiscrimination policy in which programs operated by the organization
are open to all residents of the city regardless of race, age, socioeconomic
level, color, sex, national origin, religion, and handicap status.
(Ordinance adopting Code)
All youth sports associations which desire to use any city facilities
shall comply with the city policy adopted by the city council by resolution
from time to time for criminal background checks for youth sports
association coaches, assistant coaches, managers, umpires, referees,
or other volunteers.
(Ordinance adopting Code)
(a)
Public parks.
All forms of drilling and mining are permanently
prohibited in any public park located within the city limits.
(b)
Drilled and abandoned well or mine.
No previously drilled
and abandoned well or mine may be reopened in any public park located
within the city limits.
(c)
Penalty.
Any person who violates or fails to comply
with this section shall be guilty of a misdemeanor, and upon conviction
shall be fined not more than $500.00. Each day any violation or noncompliance
continues constitutes a separate offense. A violation of any term
or provision of this section may be enjoined by civil injunctive relief.
The city may, at its sole discretion, seek injunctive and other equitable
relief to restrain any violation of this section and may, in addition,
pursue any lawful remedies to correct, abate, or punish any violation
hereof. The penalties and remedies provided for in this section are
not exclusive of each other or of any other remedy at law or in equity,
and all such remedies are declared to be cumulative.
(Ordinance 1194 adopted 10/23/18)
