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)