The following words, terms, and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Athletic field.
Any field located in the city which is designated an athletic
field by the city council, which fields shall include any stands,
bleachers, dugouts, sideline areas or any areas on which athletic
play is conducted; such athletic play shall include but shall not
be limited to football, soccer, baseball, and softball.
Park.
A park, reservation, playground, recreation center, swimming
pool or any area in the city owned or used by the city and devoted
to active or passive recreation.
Vehicle.
Any device in, or by which any person or property is or may
be transported or drawn upon, except devices moved only by human power
or used exclusively upon stationary rails or tracks baby carriages
personal mobility devices and vehicles in the service of the city
or a public utility [sic].
(Ordinance 202302-01-103 adopted 2/6/2023)
The city parks shall be closed to the public between the hours
of 10:00 p.m. and 6:00 a.m. on the following day, and it shall be
unlawful for any person to enter or be found in city parks between
such hours, except for events approved or scheduled by the city administrator
or city council.
(Ordinance 202302-01-103 adopted 2/6/2023)
The city shall charge and collect the fees for the use of buildings
and facilities and for recreational programs and services in the amounts
established in a "master fee schedule" adopted from time-to-time by
ordinance of the city council.
(Ordinance 202302-01-103 adopted 2/6/2023)
Within the limits of any city park, it shall be unlawful for
any person to do any of the following acts except as may be otherwise
provided:
(1)
Use of vehicles:
(A)
It shall be unlawful for any person to drive any vehicle on
park roads at a rate of speed in excess of that which is reasonable
and prudent under the conditions and circumstances then prevailing,
taking into account the conditions of the roadways and other motor
and pedestrian traffic therein, and in no event shall any person drive
in or through any park property at a rate of speed in excess of twenty
(20) miles per hour unless otherwise posted.
(B)
It shall be unlawful for any person to ride, use or operate
any horse, motorcycle, motor scooter or any other vehicle in or upon
any area contained within a city park, except on the designated roadways,
parking areas or equestrian trails, if any.
(2)
Driving and parking vehicles.
(A)
No vehicle shall be driven or parked over or across curbs, sidewalks,
grass, or lawn within any park area unless signs permit. When vehicles
are parked or left in violation of this section and the owner or operator
of the vehicle cannot be found, the city may tow the vehicle.
(B)
No vehicle may be parked overnight, except the city vehicles,
or other vehicles authorized by the city. Vehicles in violation may
be towed at the owner's expense.
(3)
Unlawful to damage plants in parks or other recreational facilities.
(A)
To damage, cut, break, injure, any tree, shrub, plant, rock,
or to pick, pluck, pull up, cut, take, or remove any shrub, bush,
plant, or flower or to remove any wood, turf, grass, soil, rock, sand,
gravel or fertilizer within or upon any parks, parkways, greenbelts,
or other recreational areas.
(B)
It shall further be prohibited to bring in any vegetation to
any park, parkway, greenbelt, or other recreational area or facility
except by permit of the city administrator or designated representative.
For the purposes of this section, plants shall be defined to include
any vegetation, shrubs, bushes, trees, vines, hedges, grasses, flowers,
or the seeds thereof.
(4)
Unlawful to place dyes or detergents in water or impede flow
of water in fountains or pools.
It shall be unlawful
to place dyes, detergents, or, in any way, clog or impede the flow
of water in any public fountain, reflective pool, swimming pool, stream,
or waterfall.
(5)
Fires.
Fires shall be permitted in city parks
and public property only in enclosed fireplaces or grills provided
for this purpose, except with written permission of the city administrator,
or his authorized representative, and then only in designated areas.
The same rule shall apply for ceremonial bonfires. It shall be unlawful
to leave an area without extinguishing a fire. Privately owned charcoal
grills are not permitted on grass areas or on picnic tables. After
use, coals shall be thoroughly extinguished with water and cooled
and then disposed of in a trash can. No fires are permitted during
county burn bans.
(6)
Overnight camping.
Overnight camping shall be
prohibited in a city park or on public property except by special
permission of the city administrator or his designated representative.
Permits may be issued only to those groups whose program includes
camping, both overnight and day, and whose leaders, as well as participants,
have received special training in camping and related activities.
Permits shall only be for designated areas. Each person camping under
a permit shall obey all park rules and regulations and restore the
camp site to its original condition.
(7)
Park hours.
(A)
A person commits an offense if the person enters or remains on park property when the park is closed, as provided by section
10.03.062.
(B)
It is a defense to prosecution under this subsection, that a
person was on park property between midnight and 6:00 a.m. and:
(i) Was attending an event for which a permit extending
park hours had been issued by the city administrator or his designee;
or
(ii) A sign had been posted on the park property by
the city extending park hours and the person was on park property
during the posted, extended park hours.
(8)
Unauthorized sale of goods within park unlawful.
It shall be unlawful to offer any goods, services, or thing for sale
within parks, parkways, or other recreational facilities, except in
commercial areas where property zoned for retail and commercial use
has a certificate of occupancy for such business purposes or unless
specifically authorized by the city administrator or his designee.
(9)
Protracted sleeping or lounging and disorderly conduct in park
unlawful.
It shall be prohibited to sleep or protractedly
lounge on the seats, benches, or other areas or engage in loud, boisterous,
threatening, abusive, insulting, or indecent language, or engage in
any disorderly conduct or behavior tending to cause a breach of the
public peace in any park or other public facility.
(10)
Unlawful to possess glass drink containers or take broken glass
and other dangerous objects on public property.
[It shall
be unlawful] for any person to possess any glass container within
any city park or athletic field in the city, including all areas or
structures within the boundaries of any park or athletic field within
the city. It shall also be unlawful to willfully break bottles or
other glass, or similarly dangerous objects on any park or city-controlled
public property.
(11)
Unlawful to leave minor child unattended.
It shall
be unlawful for a parent, guardian, or any other type of custodian
to abandon, or, in any way, leave unattended a minor child (under
seven (7) years) in a park or recreation facility, except for a supervised
program or activity.
(12)
Use of bicycles, skates, in-line skates, skateboards, coasters,
and other similar recreational and non-recreational devices.
(A)
Bicycle riding, skating, in-line skating, skateboarding and/or
the use of coasters and/or other similar recreational and/or nonrecreational
devices, whether motorized or nonmotorized, shall be governed by safe
riding practices and consideration for use of park areas by others.
(B)
Where special parking provisions have been made for bicycles,
skates, in-line skates, skateboards, coasters and/or other similar
recreational and/or nonrecreational devices, whether motorized or
nonmotorized, parking shall be limited to that area.
(C)
Bicycle riding, skating, in-line skating, skateboarding and/or
the use of coasters and/or other similar recreational and/or nonrecreational
devices, whether motorized or nonmotorized, shall be prohibited upon
any playground, flowerbed, pedestrian-only sidewalk, tennis court,
painted concrete, laminate surface, athletic court, picnic pavilion
and/or any other area designated by city or in any area where other
activities are in progress.
(Ordinance 202302-01-103 adopted 2/6/2023)
The code enforcement officer shall, in connection with their
duties imposed by law, diligently enforce the provisions of this article.
(Ordinance 202302-01-103 adopted 2/6/2023)
Any person violating the provisions of this article shall be
deemed guilty of a misdemeanor and, upon conviction in the municipal
court of the city, shall be subject to a fine not to exceed the sum
of $500.00 for each offense; and each day such offense shall continue
shall be deemed to constitute a separate offense, unless the violation
relates to fire safety, zoning or public health and sanitation, including
dumping and refuse, in which the fine shall not exceed the sum of
$2,000.00. Each continuing day's violation and each occurrence
in violation of this article shall constitute a separate and distinct
offense. The penal provisions imposed under this article shall not
preclude the city from filing suit to enjoin the violation nor shall
it preclude the city from taking such other lawful action as is necessary
to prevent or remedy any violation. The city retains all legal rights
and remedies available to it pursuant to local, state, and federal
law.
(Ordinance 202302-01-103 adopted 2/6/2023)
The city shall not be held liable or responsible for any loss
or damage to personal property or for any loss, damage, personal injury,
serious bodily injury or death of any person or animal entering into,
within or using a park.
(Ordinance 202302-01-103 adopted 2/6/2023)