The purpose of this chapter is to protect the health, safety
and welfare of the public, public investment, and public property
and to reduce the risk of personal injury that may be proximately
or directly caused by the unauthorized use of any city park or recreational
facility.
(Ord. 1058 § 1, 2013)
The provisions of this chapter shall apply in all city parks
and recreation facilities, including all grounds, roadways, and buildings
when they are in use as recreational facilities.
(Ord. 757 § 1, 2001; Ord. 1058 § 1, 2013)
A. Operation
of Vehicles. No person, except for peace officers and city employees
acting in the course and scope of their employment, shall drive any
motorized vehicle onto any park grounds. For purposes of this section,
park grounds mean all areas within a park, except for roadways and
parking lots intended for public use.
B. Commercial
Activities. No person shall practice, carry on, or conduct any business
or profession or other commercial enterprise, nor sell or offer for
sale any service, merchandise, food or beverage in any park.
C. Animals
in the Parks.
1. No
person shall cause, permit, or allow any animal owned or possessed
by them, or any animal in their care, custody, or control to be present
in any city park, except:
a. Equine animals being led or ridden under reasonable control upon
any trails provided for such purpose; or
b. Dogs or cats when led or controlled by a leash not more than six
feet long, or when confined within the interior of a vehicle.
c. This restriction shall not apply to a dog when allowed to roam free without restraint in dedicated off-leash areas of city dog parks in accordance with Section
8.26.025 of this code.
2. Any
person having the custody or control of any dog shall have in their
immediate possession a bag or other receptacle for picking up and
disposing of dog feces and shall remove and dispose of in a sanitary
manner any feces left by any dog in their custody and control.
D. Glass
Containers. No person shall possess any glass container in any city
park.
E. Park
Hours. City parks are open for public use between the hours of six
a.m. and nine p.m. No person, other than a city employee or any other
such person authorized by the city acting on behalf of the city shall
enter or remain in any park during the time such park is closed to
public use.
F. Fires.
No person shall kindle a fire within any city park, except in fixed
barbecues provided on the park premises.
G. Damaging
Property. No person shall cut, break, injure, deface, or disturb any
tree, shrub, plant, rock, building, fence, bench, monument, play equipment,
or other structure within any city park.
H. Amplified
Sound. No person shall use or operate a loudspeaker or any sound amplifying
equipment within a city park, unless pre-approved by the city.
I. Tennis
Courts. No person shall play or engage in any activity other than
the game of tennis, on a tennis court located within any city park,
including, but not limited to, driving of golf balls, archery, baseball,
softball, football, roller skating, skate boarding, riding or driving
any bicycle, scooter, or similar vehicle, playing soccer or volleyball
or playing or engaging in any other sport.
J. Basketball
Courts. No person shall play or engage in any activity other than
the game of basketball, on a basketball court located within any city
park, including, but not limited to, driving of golf balls, archery,
baseball, softball, football, riding or driving any bicycle, scooter,
or similar vehicle, playing soccer or volleyball or playing or engaging
in any other sport.
K. Skate
Boarding and Roller Skating. No person shall roller skate or ride
a skateboard within any city park, except in places designated for
such purpose, if any.
L. Handball
Courts. No person shall play or engage in any sport, game or activity,
other than handball, racket ball, tennis or similar ball game, on
a handball court located within any city park.
M. Bicycles.
No person shall ride any cycle, whether powered by a motor or human
power, within any city park, except on paths, roads or drives designed
and provided for such purpose.
N. Camping. Camping shall be regulated in accordance with Chapter
8.63 of this code.
O. Exceptions. The use restrictions of this section may be waived or modified pursuant to a park use permit issued under the terms of Section
8.26.040 or may be waived or modified by the city for any city-held event or city-sponsored event.
(Ord. 757 § 1, 2001; Ord. 1058 § 1, 2013; Ord. 1137 § 3, 2018; Ord. 1156 § 3, 2019)
Use of all parks by groups of thirty-five persons or less shall be unreserved and shall be on a first-come, first-serve basis. No city park, except Whitewater Park, may be used by groups of more than thirty-five persons. Groups of more than thirty-five persons may only use Whitewater Park after obtaining a park use permit issued under the terms of Section
8.26.040.
(Ord. 757 § 1, 2001)
A. Application.
A person seeking approval of group use of a city park shall file an
application with the city manager or designee on forms provided by
the city at least fifteen calendar days before the use is proposed
to commence.
B. Application
Contents. The permit application shall set forth the following information:
1. The
name, address, email address and telephone number of the person seeking
the permit;
2. The
name, address, email address and telephone number of the headquarters
of the organization for which the permit is sought, if any;
3. The
requested date of the group use;
4. The
approximate number of persons in the group;
5. The
hours when the group use will start and end;
6. A
statement as to what portion of the park will be occupied by the group
use;
7. A
description of the activities planned during the group use;
8. A description of the waivers needed, if any, from the provisions of Section
8.26.020; and
9. Any
additional information the city manager or designee finds reasonably
necessary to a fair determination as to whether a permit should issue.
C. Application
Fee. The applicant shall pay at the time of application a fee to cover
the costs of processing the application. The amount of the processing
fee shall be established by city council resolution.
D. Supplemental
City Services. The city manager or designee shall determine whether
and to what extent additional city services (such as police protection,
traffic control, area clean-up) are reasonably necessary in response
to the proposed group use. The city manager shall base this decision
on the size, location, duration time and date of the proposed use.
The speech content of the group use shall not be a factor in determining
the amount of additional services necessary. If supplemental services
are deemed necessary by the city manager or designee, the applicant
shall be conditioned to make a cash deposit with the city to cover
the cost of providing the supplemental services. Group use conducted
solely for the purpose of public issue speech protected under the
First Amendment shall not be conditioned to pay for any additional
public safety services.
E. Standards
for Issuance of Permit. The city manager or designee shall issue a
permit as provided for herein, when, based upon the application and
such other information as may otherwise be obtained, the city manager
or designee finds:
1. The
proposed group use will not substantially interfere or prevent the
safe and orderly use of the park by persons other than those attending
the group gathering;
2. The
proposed group use will not require the diversion of so great a number
of city police and fire personnel as to prevent the normal police
and fire protection of the city;
3. The
proposed group use will not unduly interfere with the proper fire
and police protection of, or ambulance service to, areas contiguous
to the portion of the park to be used by the group;
4. The
proposed group use is not reasonably likely to cause injury to persons
or property;
5. The applicant has secured and paid any required deposit for the necessary supplemental city services required by subsection
D of this section;
6. The
proposed group use is not for the primary purpose of advertising any
product, goods or event that is primarily for private profit; and
7. No
permit for group use at the same date, time, and location has already
been granted or has been received and will be granted.
F. Notice
of Denial of Application. The city manager or designee shall act promptly
upon a timely filed application. Notification of permit issuance or
denial shall be made no later than forty-eight hours before the group
use is to commence.
G. Appeal
Procedure. Any applicant shall have the right to appeal the denial
or conditional approval of a group use permit. The applicant shall
make the appeal within five days of the receipt of the denial or conditional
approval by filing a written notice with the city clerk with a copy
to the city manager or designee. The city council shall act upon the
appeal at the next scheduled meeting of the city council following
receipt of the notice of appeal.
H. Contents
of Permit. The group use permit shall state the following information:
1. The
date, and starting and ending times of the group use;
2. The
location within the park of the group use;
3. Conditions
of approval; and
4. Any
other information as the city manager or designee shall find necessary
for the enforcement of the group use requirements.
I. Duties
of Permittee. The permittee shall comply with all conditions and with
all applicable laws, and shall carry the permit upon his or her person
during the conduct of the group.
J. Permit
Revocation. The city manager or designee or any law enforcement officer
shall have the authority to revoke a group use permit immediately
upon violation of the conditions of approval, the violation of any
city ordinance, or in the event of an emergency requiring the deployment
of police and fire resources otherwise needed for the group use.
(Ord. 757 § 1, 2001; Ord. 1058 § 1, 2013)
Any person found to be in violation of the provisions of this chapter shall be guilty of an infraction as set forth in Chapter
14.100.
(Ord. 1058 § 1, 2013)