Title 34 City Parks

"City" is the City of Rutland, Vermont.

"Superintendent" means the superintendent of recreation and parks for the City of Rutland.

"Park" is any area in the city, only used by the city, and devoted to active or passive recreation.

(d)

"Person" is any person, firm, partnership, association, corporation, company or organization of any kind.

(e)

"Vehicle" is any conveyance, whether motor powered, animal-drawn, or self-propelled. The term shall include any trailer in tow of any size, kind or description.

§ 8002 Park Property.

No person in a park shall:

Buildings and other property:

Disfiguration and removal. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, 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, facilities or park property or appurtenances whatsoever, either real or personal.

Restrooms and washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.

Removal of natural resources. Dig or remove any soil, rock, 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.

Erection of structures. Construct or erect any building or structure or whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.

Trees, Shrubbery, Lawns:

Injury and removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.

Wild animals, birds, etc.:

§ 8003 Sanitation, Use of Tobacco Products.

Hunting. Hunt, kill, trip shoot or throw missiles at any animal, reptile or bird in the park.

[Amended 9-7-2010, effective 10-14-2010]

No person in a park shall:

Pollute the natural waters located in the parks.

Refuse and trash. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so 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.

Be in possession of lighted tobacco products in any form.

Place, maintain or chew, within their mouth, smokeless tobacco products.

§ 8004 Traffic.

No person in a park shall:.

Motor vehicle laws apply. Fail to comply with all applicable provisions of the state motor vehicle statutes or city ordinances in regard to equipment and operation of vehicles.

Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding 15 miles an hour, except upon such roads as the superintendent may designate, by posted signs, for speedier travel.

Operation confined to designated areas. Drive any vehicle on any area except the paved park road or trails or parking areas designated by the superintendent.

Parking.

Designated areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions.

§ 8005 Recreational Activities.

No person in a park shall:

Bathing and swimming.

Designated areas. Swim, bath, or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefore, and in compliance with such regulations as are herein set forth or may be hereafter adopted.

Certain hours. Frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the superintendent for such purposes for each individual area.

Firearms. No person shall use, carry, or possess firearms of any descriptions, or air-rifles, spring-guns, bow-and-arrows, slings or any other forms of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into parks areas from beyond park boundaries is forbidden.

Picnic areas and use.

Regulated. Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority 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 to achieve this end.

Availability. Violate the regulation that use of the individual fireplaces together with tables and benches follows generally the rule of "first come, first served."

Non-exclusive. Use any position of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.

Duty of picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.

Camping. No person shall set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as house-trailer, camp-trailer, camp-wagon, or the like, without a permit from the superintendent.

(5)

Games. Take part in the playing of any games involving thrown or otherwise propelled objects in annoyance or discomfort of others. The playing of rough, or comparatively dangerous games such as football and baseball is prohibited except on the fields and courts or areas provided therefore.

(6)

Horseback riding. Ride a horse except on designated bridle trails. Where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub.

§ 8006 Behavior.

No person in a park shall:

Intoxicating beverages.

Prohibition. Have brought alcoholic beverages, nor shall any person drink alcoholic beverages at any time in the park, except when allowed by rule or regulation of the superintendent.

Drunkenness. Have entered or be under the influence of intoxicating liquor.

Fireworks and explosives. Brought, or have in his possession, or set off or otherwise cause to explode or discharge or burn, any firecrackers, torpedo, rocket, or other fireworks or explosives.

§ 8007 Merchandising, Advertising and Signs.

Loitering and boisterousness. Engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace.

No person in a park shall:

Vending and peddling. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any person acting by and under the authority by permit of the superintendent.

Advertising. Announce, advertise, or call the public attention in any way to any article or service for sale or hire.

Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park.

§ 8008 Park Operating Policy.

Hours. The parks shall be open to the public during the hours of operation as designated by the superintendent.

Closed hours. Any park or portion thereof may be declared closed to the public by the superintendent as he may deem necessary.

Permits required for park uses. A permit shall be obtained from the superintendent before participating in the following park activities:

For any person who plans to conduct or participate in any organized entertainment, demonstration or public gathering.

This ordinance required issuance of a permit for any other purpose or reason mentioned herein, the person seeking the permit shall file an application with the superintendent stating the following:

The name and address of the applicant;

The name and address of the person, persons, corporation or association sponsoring the activity, if any;

The day and hours for which the permit is desired;

The park or portion thereof for which such permit is desired;

[e]

An estimate of the anticipated attendance;

[f]

Any other information which the superintendent shall find reasonably necessary to a fair determination as to whether a permit should issue hereunder.

Standards for issuance. The superintendent shall issue a permit hereunder when he finds:

That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.

That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.

That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city.

[e]

That the facilities desired have not been reserved for other use at the day and hour required in the application.

Appeal. Within seven days after receipt of an application the superintendent shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within seven days to the board of aldermen, which shall consider the application under the standards set forth in Subsection (a)(3) hereof and sustain or overrule the superintendent's decision within seven days. the decision of the board of aldermen shall be final.

(5)

Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.

(6)

Liability of permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.

(7)

Revocation. The superintendent shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.

(8)

The superintendent shall give notice of the issuance of the permit to any other department or official of the city who may be affected by the activity permitted.

(9)

The permittee shall be held liable to repair or replace any equipment or city property damaged by the activity allowed in the permit.

§ 8009 Giorgetti Fund.

[Amended 6-4-2007 by No. 249, effective 7-4-2007]

The Giorgetti Fund shall be maintained by the City Treasurer as an independent interest bearing account.

Expenditures from the Giorgetti Fund shall only be used for maintenance, upkeep or improvements to Giorgetti Park and/or Pine Hill Park, except as noted below.

Any expenditure that deviates from Subsection (b) above shall only be by vote of three quarters of the Rutland City Board of Aldermen at a duly warned meeting. Any such deviations shall only be for maintenance, upkeep or improvements to recreational facilities owned by the City of Rutland and within the City of Rutland.

§ 8010 Giorgetti Park Capital Fund.

[Amended 6-4-2007; 12-20-2013 by No. 275]

The Superintendent and the Mayor shall appropriate $30,000 annually for capital improvements at Giorgetti Park to be transferred to the Giorgetti Capital Fund.

This ordinance shall sunset June 30, 2019, unless expressly renewed by the Board of Aldermen.

§ 8011 Enforcement.

[Amended 6-4-2007 by No. 249, effective 7-4-2007]

Officials. The superintendent and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this ordinance.

Ejectment. The superintendent and any park attendant shall have the authority to eject from the park any person acting in violation of this ordinance.