[HISTORY: Adopted by the Village Board of the Village of Birnamwood 8-8-2022 by Ord. No. 22-8-8. Amendments noted where applicable.]
In order to protect the parks, parkways, recreational facilities and conservancy areas within the Village of Birnamwood from injury, damage or destruction, the regulations in this chapter are enacted.
As used in this chapter, the following terms shall have the meanings indicated:
PARK
Includes all grounds, structures, watercourses and ponds which are or may be located within any area dedicated to the public use as a park, parkway, recreation facility, playground, recreational area, or conservancy area in the Village or under the administration of the Village Board.
A. 
Littering prohibited.
(1) 
No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any park. 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.
(2) 
No person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park, or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
B. 
Sound devices. No person shall operate or play any amplifying system after the park closes at 11:00 p.m.
C. 
Bill posting. No person shall post, paste, fasten, paint or attach any placard, bill, notice, sign or advertising matter upon any structure, tree or other natural object in any park, except park regulations and other signs authorized by the Village Board.
D. 
Throwing stones and missiles prohibited. No person shall throw stones or other missiles which may cause harm in or into any park.
E. 
Removal of park equipment prohibited. No person shall remove benches, seats, tables or other park equipment from any park, unless specifically authorized by the Village President or Village Clerk-Treasurer.
F. 
Trapping. "Trapping," when used in this section, includes the taking or the attempting to take of any wild animal by means of setting or operating any device, mechanism or contraption that is designated, built or made to close upon, hold fast or otherwise capture a wild animal or animals; live traps on a person's property are excluded. The trapping of wild animals is hereby prohibited in Village parks, except municipal trapping authorized by the Village Board.
G. 
Making of fires. No person shall start, tend or maintain a fire except in personal grills or designated fireplaces. Personal grills shall be used only in designated picnic areas. The use of personal grills is permitted, provided lawns and vegetation are not endangered. Unburned fuel and ashes shall be disposed of in such a manner as to prevent fire or damage to any park property. Control of the fire and the smoke will be the responsibility of the person using such a fire.
H. 
Protection of park property and animals.
(1) 
No person shall kill, injure or disturb or attempt to injure or disturb waterfowl, birds or animals, wild or domestic, within any park, except as permitted by this chapter. No person shall climb any tree or remove flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure, deface, write upon or ill use any tree, shrub, flower, flower bed, turf, soil, sand, fountain, fireplace, monument, railing, waterline improvement, ornament, building, structure, apparatus, bench, table, official notice, sign or other property within any park.
(2) 
No person shall deface by throwing stones, pebbles or other debris at any of the toilets, bubblers or other sanitary facilities located in any Village park; or deface by drawing with crayon, chalk, paint or anything else on any of the buildings or equipment at any Village park; or deface any equipment by means of a sharp instrument.
I. 
Motorized vehicles. Except for authorized maintenance vehicles, no person shall operate an unlicensed or licensed motorized vehicle outside of areas specifically designated as parking areas or areas where the operation of such vehicles is specifically permitted. Motor vehicles are restricted to the roads and drives and parking areas. No motor vehicles of any nature may be used on the seeded areas except vehicles which have Village Board authorization for shows, rides or exhibits and then only for the purpose of loading and unloading. No vehicle maintenance or car washing is permitted in any Village park.
J. 
Snowmobiles. No person shall operate a snowmobile in a Village park except in designated areas.
K. 
Speed limit. No person shall operate any vehicle in a Village park in excess of 10 miles per hour unless otherwise posted.
L. 
Glass beverage bottles in parks prohibited. No individual shall possess or consume any beverage in a glass bottle or glass container in any Village park.
M. 
Reckless driving in parks prohibited. No person shall operate a motor vehicle in a reckless manner in any of the public parks of the Village.
N. 
Parking in parks. No person shall park any motor vehicle in any park in the Village except in a designated parking area. The overnight parking of vehicles is prohibited without prior authorization.
O. 
Horse and carriages. No person shall ride a horse or drive a horse-driven vehicle in any park or lead a horse into a park, except on roads or designated bridle paths, except when approval of the Village Board is first obtained. It shall be unlawful for any person to ride a horse or drive a horse-driven vehicle in a careless, negligent or reckless manner which may endanger the safety and well-being of others. Horseback riding shall be allowed only during the daylight hours. No person shall ride a horse which cannot be held under such control that it may be easily turned or stopped. Horses shall not be left unbridled or unattended.
P. 
Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.
Q. 
Golfing and sporting activities. No golfing or practicing golf in Village parks or recreation areas shall be allowed except with the use of a whiffle ball. All sporting activities must be held in areas so designated for that purpose.
R. 
Arrows. No person shall use or shoot any bow and arrow in any Village park, except in authorized areas.
S. 
Fees and charges. The Village Board shall establish such fees as deemed necessary for use of any park facility, shelter or land area. It shall be unlawful to use such areas without payment of such fee or charge when required.
T. 
Firearms; hunting. Possessing or discharging of any air gun, slingshot, explosive, firearm or weapon of any kind is prohibited in all Village parks.
U. 
Fish cleaning. Cleaning of fish in shelters, toilet facilities or picnic areas is prohibited in all Village parks.
V. 
Controlled substances. Possessing, using or dispensing of a controlled substance in violation of the Uniform Controlled Substances Act is prohibited in all Village parks.
W. 
Vendors restricted. No person shall sell, vend or give away any article of merchandise whatever without a written permit from the Village Board. No person shall expose or offer for sale any article or thing nor station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, excepting regularly authorized concessionaires acting by and under the authority and regulation of the Village Board, unless special permission is granted by the Village Board during a special event.
X. 
Alcohol beverages. The consumption or possession of alcohol beverages in Village parks shall be as regulated.
Y. 
Disorderly conduct. No person shall engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or other disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance, endangers other persons or property, or interferes with the use of the park by others.
Z. 
Skates. No skateboards, in-line skates or roller skis will be permitted in a Village park at any time, except in designated areas.
AA. 
Restrooms and washrooms. No person shall fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of five years shall use the restrooms and washrooms designated for the opposite sex.
BB. 
Misuse of equipment. Jumping, standing or misuse will not be permitted on any bench, bleachers or picnic tables; any misuse or use with intent to do damage will be considered vandalism and may result in dismissal from the park.
CC. 
Loitering on equipment preventing use. No loitering is permitted on playground equipment so as to disrupt use by persons waiting to use such equipment.
DD. 
Responsibility for equipment damage. Any person or persons causing any damage to property in the Village park shall be punished and/or fined under the appropriate ordinance and be required to make full and complete restitution.
EE. 
Tent stakes. No person shall pound or drive into the blacktop or paving any metal, plastic or wooden stake without authorization. All holes left from such stakes must be plugged immediately after removing the stake.
FF. 
Satellite toilets; dumpsters. It will be the obligation of civic organizations or other major park users to provide satellite toilets and extra garbage dumpsters during the time of celebrations or special events, if so directed by Village officials.
GG. 
Waste disposal restrictions. No person shall dispose of any garbage, bottles, tin cans or any other solid waste material, including demolition material, in any Village park, where the waste is generated from outside of the Village park property.
HH. 
Bicycle restrictions. No person shall ride a bicycle or skateboard or roller blades in a reckless manner or ride in and around any bleacher area or shelter house areas. All bicycles will be placed in bicycle racks when unattended. No bicycles are permitted in any park building, whether ridden or parked there for any reason.
II. 
Use of picnic areas. No person in a park shall leave a picnic area before a fire in the said picnic area is completely extinguished and before all trash, garbage and other refuse in the said picnic area is placed in the disposal receptacles provided for that purpose.
JJ. 
Bathing and swimming. No person in the park shall swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereafter adopted.
A. 
Regulation of animals in public grounds and facilities. Pets, including animals of any species, shall not be permitted in any Village park, except for Village-approved events.
B. 
Exception: Guide or signal dogs or any other animal specially trained to assist disabled persons.
Except as authorized by the Village Board, no person shall dig into the turf of any Village-owned park or recreational property for any purpose whatsoever or remove any trees or flowers. This includes the use of a metal detector and digging for buried objects on any Village-owned property.
A. 
Park hours.
(1) 
All Village parks shall be closed to the general public from the hours of 11:00 p.m. to 7:00 a.m. the succeeding day, and it shall be unlawful for any person or group to occupy or be present in any park during hours in which the park is not open to the public.
(2) 
The regular closing hours of the Village parks do not apply to persons in attendance at a regularly scheduled ball game at playing fields located in J.E. Roepke Memorial Ball Park, except that those persons shall vacate the park within 20 minutes after the ending of a regularly scheduled game.
(3) 
Any Village park or portion thereof may be declared closed to the public by the Village President or law enforcement authorities at any time and for any period of time, either temporarily or for a regular or stated interval.
B. 
Exception: authorized persons. The regular closing hours of Village parks do not apply to persons having permission from the Village Board to be present in the Village parks during closed hours.
A. 
The Village-owned parks and park facilities and shelter areas are primarily for the nonexclusive use of the residents and visitors of the Village. However, under proper circumstances, exclusive use of the same or parts thereof may be permitted.
B. 
A person or group may reserve the use of a park facility or a park shelter by obtaining permission from the Village Director of Public Works, through the completion of an application to use the park or facility.
C. 
Care of facilities. Persons reserving Village facilities shall be completely responsible for cleaning up the facility after the event to the satisfaction of Village officials. All reserved areas shall be left in clean condition, with refuse placed in containers provided for such purpose. Any organization or corporation reserving any area in a Village park shall agree to assume full responsibility for all damage to Village property by any invitee of said organization or corporation and shall make full payment therefor upon billing by the Clerk-Treasurer. Failure to do so shall deny future use of park facilities until payment is made in addition to any other remedy which the Village may have.
A. 
Persons using the Matsche Community Center shall fully comply with all use regulations adopted by the Village Board. Users shall also pay applicable rental fees established by the Village Board.
B. 
Care of facilities. Persons reserving the Matsche Community Center shall be completely responsible for cleaning up the facility after the event to the satisfaction of Village officials. All reserved areas shall be left in clean condition, with refuse placed in containers provided for such purpose. A detailed cleaning list is included with all applications, with inspection upon vacating the facility. Any organization or corporation reserving the Community Center shall agree to assume full responsibility for all damage to Village property by any invitee of said organization or corporation and shall make full payment therefor upon billing by the Clerk-Treasurer. Failure to do so shall deny future use of facilities until payment is made, in addition to any other remedy which the Village may have.
This chapter is effective on publication or posting.