Land shall not be deemed to be owned, held or claimed as a city
park unless the city council takes action by ordinance or resolution
to create and establish the land as a city park.
(Ordinance 626-23 adopted 8/17/2023)
(a)
Determination.
Based on activities conducted and
neighborhood compatibility, the director of public works shall determine
the hours that each city park is open to the public.
(b)
Placement of signs.
The director of public works
shall post signs at each city park containing notification of the
hours that the park is open to the public. The signs shall be placed
in conspicuous places, and the lettering shall be at least two inches
in height. Unless otherwise posted by the director of public works,
the hours during which city parks are open to the public are 7:00
a.m. to 10:00 p.m.
(c)
Entrance during closed hours.
A person commits
an offense if the person enters a city park during a time when the
city park is not open to the public.
(d)
Exception.
Subsection
(c) of this section does not apply to a person who is an employee of the city performing duties assigned by the city.
(Ordinance 626-23 adopted 8/17/2023)
(a)
Definition.
As used in this section, "vehicle"
means every device in, upon, or by which a person or property may
be transported or drawn, including but not limited to automobiles,
bicycles, motorcycles, mopeds, trucks, carriages, and carts.
(b)
Driving on roadways.
A person commits an offense
if the person drives or propels a vehicle within a city park, except
upon those portions of the park which have been designated as a roadway,
street, or parking lot.
(c)
Speed limit.
The speed limit for motor vehicles
and human-propelled vehicles in city parks is 10 miles per hour. Operation
of a vehicle at any speed in excess of 10 miles per hour shall be
prima facie evidence that the speed is not reasonable and prudent
under the conditions then existing.
(d)
Parking.
A person commits an offense within a
city park if:
(1)
The person parks a motor vehicle at a place that is not a designated
parking area within the city park;
(2)
The person parks a motor vehicle at a place that is a dedicated
parking area within the city park for any other purpose other than
for use of the city park; or
(3)
The person parks a motor vehicle overnight at a place that is
a dedicated parking area within a city park that is posted with appropriate
signs in conspicuous locations as designated by the police chief indicating
"restricted parking except during park hours." Irrespective of said
sign, such prohibitions as herein listed and described in this subsection
are prohibited and declared unlawful.
(e)
Signs.
The director of public works shall post
signs in city parks to reasonably notify the public of the speed limit
and the location of designated parking places.
(f)
Exception.
Subsections
(b) and
(c) do not apply to a person who is an employee, contractor, or volunteer of the city performing duties assigned by the city.
(g)
Other exceptions.
(1)
Exception to subsection
(d).
During special city
park events due to crowd overflows creating limited designated parking
places, the police chief shall have the authority to establish and
designate temporary parking areas for motor vehicles during a set
time period; and
(2)
Subsection
(d) of this section does not apply to a person who is an employee, contractor, or volunteer of the city performing duties assigned by the city.
(Ordinance 626-23 adopted 8/17/2023)
(a)
Definitions.
The following words and terms when
used in this section shall have the meanings defined as follows:
Alcoholic beverage.
Has the meaning assigned in section 1.04, Alcoholic Beverage
Code as follows: Alcoholic beverage means alcohol, or any beverage
containing more than one-half of one percent of alcohol by volume,
which is capable of use for beverage purposes, either alone or when
diluted.
Burning.
The lighting or combustion of a tobacco product.
Concession stand.
The serving counter of any facility, which sells or serves
to the public any type of food or drink intended for human consumption.
Pets.
Is defined as being domesticated animals including, but not
limited to a cat, dog, and any other species of animal which is retained
in a household.
Smoking.
Emitting or exhaling the smoke of burning tobacco, weed,
or other plant or tobacco product.
Tobacco product.
Any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco,
snuff or any other form of tobacco, which may be utilized for smoking,
chewing, inhalation or other manner of ingestion or absorption.
(b)
Smoking or use of tobacco products.
(1)
A person commits an offense if the person uses any form of tobacco
product for smoking, burning, chewing, inhalation or other manner
of ingestion or absorption in a city park.
(2)
Appropriate signs indicating such prohibition shall be posted
at each entrance to each park, but irrespective of said sign, such
use of a tobacco product as here listed and described is prohibited
and declared unlawful.
(c)
Consumption or possession of alcoholic beverages.
(1)
A person commits an offense if the person consumes any alcoholic
beverage, or possesses such alcoholic beverage, in any city park.
(2)
Appropriate signs indicating such prohibition shall be posted
at each entrance to each park, but irrespective of said sign, such
possession of alcoholic beverages as here listed and described is
prohibited and declared unlawful.
(d)
Pet prohibitions.
A person commits an offense
if the person or pet owner permits pet waste from their pet to be
left on park grounds without properly removing and disposing of it.
All pets must remain under a responsible person's control and
on a leash at all times
(e)
Posting of signage indicating prohibitions.
The
city administrator or designee shall cause conspicuous signs to be
posted containing the following prohibitions:
(1)
No smoking or other language that clearly prohibits smoking
and includes the universal symbol for no smoking.
(f)
Exceptions.
(1)
City council authority.
The city council has the
authority to consider requests and waive the provisions and prohibitions
of this article for special community events.
(g)
Penalty.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this section shall be fined not more than the amount stated in section
1.01.009 of this code for each offense.
(Ordinance 626-23 adopted 8/17/2023)