Chapter 142: Parks and Recreation Areas

§ 142-1 Operation and funding.

The municipality owns and operates the municipal parks and recreational areas. The Council, for the purpose of defraying the cost of the management, maintenance and improvements of the parks and recreational areas of the municipality, may each year levy a tax not exceeding the maximum prescribed by state law on the actual valuation of all real estate and personal property within the municipality that is subject to taxation.

The revenue from said tax shall be known as the "Park Fund" and shall include all gifts, grants, deeds of conveyance, bequests or other valuable income-producing personal property and real estate from any source for the purpose of endowing the parks and recreational areas. The Park Fund shall at all times remain in the custody of the City Treasurer.

§ 142-2 Injury to property.

It shall be unlawful for any person to maliciously and willfully cut down, injure or destroy any tree, plant or shrub. It shall be unlawful for any person to injure or destroy any sodded or planted area or injure or destroy any building, structure, equipment, fence, bench, table or any other property of the municipal parks and recreational areas. It shall further be unlawful for any person to commit any waste on or litter the municipal parks and recreational areas.

§ 142-3 Violations and penalties.

[Amended 5-5-1998 by Ord. No. 1264]

Any person who violates any of the prohibitions or provisions of section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular section for which the person stands convicted of violating, the penalty for such violation shall be fined in any sum not exceeding $500 or imprisoned six months, or both said fine and imprisonment at the discretion of the sentencing court.

§ 142-4 Regulating conduct in public parks.

[Added 11-8-2000 by Ord. No. 1335; amended 2-19-2013 by Ord. No. 1661; 10-21-2025 by Ord. No. 2067]

A municipal park is a pleasure ground set apart for the recreation of the public through promotion of its health, welfare, and enjoyment. To secure these beneficial objectives, and to maintain the integrity of the parks, recreation areas, and facilities in the city, bodies and officials entrusted with the management and control of parks, recreation areas, and facilities have broad powers to effect reasonable rules and regulations. Any violation of such rules and regulations constitutes a violation of this section.

For the purpose of this section, the following terms, phrases, words, and their derivations, shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

CITY

The City of Papillion, Nebraska.

DIRECTOR

A person immediately in charge of any park area and its activities, and to whom all park attendants of such area are responsible.

PARK

A park, reservation, playground, beach, recreation facility or any other area in the city, owned or used by the city and devoted to active or passive recreation.

PERSON

Any person, firm, partnership, association, corporation, company, or organization of any kind.

Posting signs, displays, or other advertising devices. No person or entity shall place or erect any structure, sign, bulletin board, display, post, pole or advertising device of any kind whatsoever in any park, playground, or boulevard or attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, fence, railing, post or structure within any park, playground, boulevard; provided, however, the Director may permit, with the final approval of the City Administrator, the erection of temporary seasonal decorations, in City Park, only from November 15 through January 3 with the following guidelines:

(1)

Only eight temporary seasonal decoration applications shall be accepted for any one winter season.

(2)

Nothing in this chapter shall be construed as mandating the issuance of any particular number of permits.

(3)

The Director, in reviewing the temporary seasonal decoration applications, shall give first priority to any individual, business or other entity which has had a temporary seasonal decoration in the prior year. The Director shall give second priority to local charitable, community or civic organizations that operate on a nonprofit basis within the City of Papillion. All other applicants shall be dealt with on a first-come, first-serve basis. The City Administrator shall have the final approving authority for such temporary seasonal displays.

(4)

No organization or individual may receive more than one temporary seasonal decoration permit during any one calendar year.

(5)

Each permit granted shall be for one specific location identified within City Park. Priority location for such seasonal decoration shall be subject to the same policies set forth in § 142-4C(3).

(6)

Permits shall not be assignable or transferable in any manner, unless approved by the City Administrator.

Application contents.

(1)

Application for a permit required under the provisions of this chapter shall be made to the Director only between November 1 and November 30 of the year in which the permit, if issued, would be valid.

(2)

At the time of an application, an applicant shall furnish to the Director the name and address of a person designated by the business, organization or other entity who will be responsible for the assembly of its temporary seasonal decoration. The person designated shall be a resident of the City of Papillion and must be at least 21 years of age. It shall be incumbent upon the applicant to keep this contact information current so that the names of the individuals having site management and responsibilities will always be on file in the office of the Parks Department.

(3)

The size and space restriction for each display will be no greater than 20 feet by 20 feet.