(a) 
The city manager or his designated representative shall have the responsibility for the enforcement of all codes and ordinances regulating the conduct and use of city parks including but not limited to this division.
(b) 
Any conduct expressly prohibited or unauthorized herein shall be considered unlawful and a violation of this division. Failure to comply with any requirement herein shall also be deemed to be unlawful and a violation of this division.
(c) 
Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this division.
(d) 
The placement of a schedule or sign by the city manager or his/her designee shall be prima facie evidence of the hours of operation or approved schedule pursuant to the authority granted herein, and in full force and effect.
(e) 
Violations of this division may result in the applicant’s loss of the security deposit as an offset against city’s costs in rectifying the violations. The retention of the security deposit does not preclude any additional lawful action being taken, including but not limited to criminal and injunctive relief.
(Ordinance 2009026, sec. 2 (90.51), adopted 12/15/09; 2013 Code, sec. 40-51; Ordinance 2020-06, sec. 1(90.51), adopted 8/4/20; Ordinance adopting 2021 Code)
(a) 
The city manager or his/her designee may establish and post a schedule of visiting/occupancy hours and/or restrictions on the public’s use of park land. The city manager or his/her designee may close or restrict the use of a park when necessitated by reason of public health, public safety, maintenance, resource protection or other reasons in the public interest. Entering or using park land in a manner which is contrary to the schedule of visiting hours, closures or restrictions is prohibited.
(b) 
It shall be unlawful for any person, firm or corporation to commit any act that is prohibited by this division.
(c) 
Excessive noise between the hours of 10:00 p.m. and 7:00 a.m. which unreasonably disturbs persons is prohibited.
(d) 
Any act or conduct by any person which interferes with, impedes or disrupts the use of the park or impairs the safety of any person is prohibited. Individuals who are loud, boisterous, rowdy, disorderly, or otherwise disturb the peace may be requested to leave or be subject to ejection, consistent with state and local laws and ordinances.
(e) 
The operation or use of any sound producing, amplification or motorized equipment, including but not limited to vehicles, in such a manner as to unreasonably annoy or endanger persons at any time, violate or exceed state or local laws governing noise levels from motorized, or sound amplification equipment is prohibited.
(f) 
The possession and/or consumption of alcoholic beverages on any portion of park land is prohibited.
(g) 
The police chief, or his/her designee, may refuse entry to any person for a period of up to one (1) year on the following basis:
(1) 
Any breach of the peace that has occurred on public lands within the preceding ninety (90) days;
(2) 
Any person who has violated any term or condition of the park facility application;
(3) 
Any person who has violated any term or condition of this division.
(Ordinance 2009026, sec. 2 (90.52), adopted 12/15/09; 2013 Code, sec. 40-52; Ordinance 2020-06, sec. 1(90.52), adopted 8/4/20)
All of the regulations provided in this division are hereby declared to be governmental and for the preservation and protection of the health, safety and welfare of the general public in accordance with the city council’s police powers. Any member of the city council or any city official or employee charged with the enforcement of this division, acting for the city in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his duties.
(Ordinance 2009026, sec. 2 (90.53), adopted 12/15/09; 2013 Code, sec. 40-53; Ordinance 2020-06, sec. 1(90.53), adopted 8/4/20)
(a) 
A park fee schedule is attached to the ordinance from which this division derives as appendix A and is incorporated herein by reference as if fully set forth herein. Reduction or waiver of fees may be considered by the city manager or his/her designee, upon approval of application by person seeking the waiver or reduction.
(b) 
It shall be unlawful and a violation of this division to fail to pay required recreation use fees, or maintain the requisite insurance coverage as established herein or by separate city ordinance relative to fees.
(c) 
Currently seated city council members are exempt from all fees except security deposits.
(Ordinance 2009026, sec. 2 (90.54), adopted 12/15/09; 2013 Code, sec. 40-54; Ordinance 2020-06, sec. 1(90.54), adopted 8/4/20)
(a) 
The city has priority use of all parks and park facilities (“facilities”). Facilities are available to anyone on a first-come, first-serve basis for times not scheduled or reserved for city use, and as set forth in this division.
(b) 
Residents shall have priority over nonresidents for use of parks and recreation facilities unless deposits have already been accepted by the city.
(Ordinance 2009026, sec. 2 (90.55), adopted 12/15/09; 2013 Code, sec. 40-55; Ordinance 2020-06, sec. 1(90.55), adopted 8/4/20)
Refunds of fees paid are available due to inclement weather or closure by the city; provided however, that a request for refund is submitted to the department that received the rental fees, in writing, within one business week after the scheduled session. Failure to timely submit a written request for refund forfeits the refund. Telephone requests for refunds will not be accepted. Rescheduling in lieu of a refund is permitted based upon availability of time slots. There shall be no refunds for cancellations unless expressly allowed by the city manager or his/her designee.
(Ordinance 2009026, sec. 2 (90.56), adopted 12/15/09; 2013 Code, sec. 40-56; Ordinance 2020-06, sec. 1(90.56), adopted 8/4/20)