[HISTORY: Adopted by the Common Council of
the City of New Berlin 10-10-2000 by Ord. No. 2124 as Ch. 19 of the Municipal
Code. Amendments noted where applicable.]
The purpose of this chapter is to protect in
the city the parks and parkways and appurtenances thereto from fire,
abuse and desecration; to provide for the recreational use of these
areas; to control and regulate traffic and maintain general order
therein; and to further the safety, health, comfort, morals and welfare
of all persons while within the limits of the parks and parkways.
As used in this chapter, the following terms
shall have the meanings indicated:
The New Berlin Parks, Buildings and Grounds Commission.
[Amended 6-22-2004 by Ord. No. 2238; 11-10-2015 by Ord. No. 2555]
Unless otherwise stated, shall include the grounds, buildings
thereon, waters therein, and any other property which is now or may
hereafter be under the control or jurisdiction of the New Berlin Parks,
Buildings and Grounds Commission.
[Amended 6-22-2004 by Ord. No. 2238; 11-10-2015 by Ord. No. 2555]
Includes any individual, firm, partnership, corporation and
association of persons, and the singular number shall include the
plural.
A.
Hours when parks are open. Except for vehicular traffic moving upon
or through streets or roadways through a park, and except when the
Commission publishes general permission to use all or certain parks
or parkways upon summer nights, and except for scheduled sports leagues
and community events, the parks and parkways, with the exception of
Malone Park, shall be closed at dusk, with Malone Park being closed
at 11:00 p.m. The parks shall remain closed from said times or conditions
until sunrise the following morning, and no person shall remain therein
during said hours, provided the Commission may, from time to time,
in all or any of the parks or parkways, publish or post closing hours
different from the above or discontinue closing hours as, in the judgment
of the Commission, may appear reasonable and necessary.
[Amended 8-2-2011 by Ord. No. 2470; 9-26-2017 by Ord. No. 2597]
B.
Closing park and parkway facilities to the public.
In case of an emergency or when in the judgment of the Commission
the public interest demands it, any portion of the parks or parkways
or buildings therein may be closed to the public, or to designated
persons, until permission is given to return.
C.
Interference with park employees. No person shall
interfere with any employee of the Commission, nor any employee of
a contractor while engaged in constructing, repairing, or caring for
any portion of the parks or parkways, or while in the discharge of
the duties conferred by this chapter.
D.
Beverages in parks.
[Amended 8-27-2002 by Ord. No. 2184]
(1)
No person shall bring into or drink any intoxicating
liquor or fermented malt beverage in any park or parkway except in
such areas as designated by the Commission, and then only by written
permission of the Commission, except if purchased from a park concession
stand or other picnic permit stand or clubhouse properly licensed
by Council or its designee.
(2)
Any individual or group wishing to sell or dispense
fermented malt beverages in any park or parkway may do so only in
designated areas upon permit granted by the Commission and the Council
or the Council's designee.
(3)
No person shall possess any beverage in a glass container
in any park or parkway at any time.
(4)
Officers
and employees of the City of New Berlin are authorized to sell fermented
malt beverages at any public park operated by the City as authorized
by the City of New Berlin Parks, Buildings and Grounds Commission
pursuant to Wisconsin Statute § 125.06(6). No fermented
malt beverages may be sold pursuant to this subsection unless a person
holding a duly authorized operator’s permit issued by the City
of New Berlin is present and supervising the sale of said fermented
malt beverages.
[Added 5-10-2011 by Ord. No. 2455; 11-10-2015 by Ord. No. 2555]
F.
Smoking; when prohibited.
(1)
No person shall smoke or hold a lighted cigarette,
cigar or pipe in any building, or section of a building, or in any
park or parkway area when officially posted notices so prohibit.
(2)
No person shall throw or drop a lighted cigar or cigarette
stub or empty a lighted pipe from an automobile moving along a parkway
drive.
G.
Care of waste.
(1)
No person shall deposit any dirt, sand, building materials,
refuse, garbage, dead flowers or other rubbish in any portion of the
parks or parkways, except in the receptacles provided for that purpose,
except with written permission of the Commission.
(2)
Any person who breaks a bottle or other glassware
in any park or parkway shall immediately pick up the broken pieces
and remove same to a park waste container.
H.
Radios, televisions; loudness prohibited. Auto and
portable radios and television sets must be turned low at all times
so as not to be heard from a distance beyond 20 feet from the instrument.
No portable radio or television set shall be operated within any building
unless specifically permitted in connection with a public gathering
or a temporary exclusive use upon permit granted by the Commission.
A.
All public meetings, assemblies or public discussion
on any subject are prohibited within any park or parkway, except upon
written permit of the Commission and in areas designated as assembly
areas by the Commission.
B.
In order
to maintain orderly movements of crowds at City-approved special events
in City Parks, no group may engage in the sale or distribution of
any merchandise, including printed or written material, unless licensed
by the City to do so and then only in the areas designated as assembly
areas by the Commission.
[Added 8-25-2020 by Ord. No. 2639]
No military or other parade or procession or
funeral shall take place in or pass through any park or parkway except
upon written permit of the Commission.
No person shall make any public speech or use
any loudspeaker or other amplifying equipment or publicly play any
music on any musical instrument in any park or parkway without the
written permit of the Commission.
[1]
Editor's Note: Former § 184-7, Permit required for
services and demonstrations, was repealed 8-25-2020 by Ord. No. 2639.
A.
No person shall sell or offer for sale any personal property or solicit for any business or for alms within any park or parkway, except upon written permit of the Commission, and permit issued by the Council pursuant to Chapter 152, Licenses and Permits, of this Code, if required.
B.
No person shall distribute, post, affix or display
any card, handbill, sign, placard, target, banner, flag (except that
of the United States), or advertisement within any park or parkway,
or upon any of the gates or enclosures thereof without the written
permit of the Commission. "Distribute" includes the scattering of
printed matter from aircraft.
A.
No person shall engage in any sport, game, race or
amusement in any park or parkway except upon such portions thereof
as may be designated for that purpose, and then only under such rules
and regulations as may be established by the Commission.
B.
No person shall tell fortunes or gamble or maintain
or exhibit any gambling table or other instrument of gambling or gaming.
A.
No person shall interfere with any person or party
holding written permit as indicated above, nor with any of their equipment
or property.
B.
Permits for the exclusive use of any picnic or play
area for any specified date or time may be granted at the discretion
of the Commission, and no person shall interfere with any person or
party occupying the ground under such a permit, nor with any of his
equipment or property.
[Amended 8-25-2009 by Ord. No. 2415; 1-14-2014 by Ord. No. 2516; 4-26-2016 by Ord. No. 2564; 5-24-2016 by Ord. No.
2567]
With the exception of the City Fourth of July
Festival fireworks display at Malone Park, no fireworks are permitted
to be discharged in any City park. In addition, no person shall discharge
any firearm in any park or parkway. No person shall engage in any
trapping, nor shall any person hunt with any bow and arrow or crossbow
within any park or parkway. “Firearm” includes any air
gun.
No person shall throw stones or missiles in
or into any park or parkway.
A.
No person shall make or kindle a fire except in places
provided therefor, and then subject to such regulations as may be
prescribed.
B.
The use of charcoal burners in designated picnic areas
shall be permitted, provided lawns and other vegetation are not damaged
and provided further that all unburned coals or ash are disposed of
in such manner as to prevent fire or damage to any park property.
A.
Animals not allowed; exceptions. No animal except those placed in the park or parkways by the authority of the Commission, excepting horses when saddled or harnessed and in use for riding or pleasure driving only on roadways or paths duly designated, and except dogs on leash as regulated by Subsection B hereof, shall be conducted into or driven within the parks or parkways or be allowed to remain therein.
B.
Dogs on leash; when excluded. No person having the
control or care of a dog shall permit such dog to enter or remain
in a public park or parkway unless it is led by a leash of suitable
strength not more than six feet in length and then only within such
areas in parks as have been designated by order of the Commission.
The Commission shall cause signs to be posted in areas wherein dogs
are not permitted.
A.
Fish, waterfowl, game birds.
(1)
No person shall take or attempt to take any fish from,
or send or throw any animal or thing into or upon, any of the waters
of the parks or parkways; or kill, injure or attempt to injure or
unnecessarily disturb the fish in such waters, except with permission
of the Commission.
(2)
No one shall kill, injure or attempt to injure or
unnecessarily disturb any waterfowl or other birds or animals, wild
or domestic, within any of the parks or parkways; nor shall any person
rob or disturb the nest or eggs of any bird or other animal therein.
B.
Injury to vegetation, structures and equipment.
(1)
No person shall damage any vegetation, structure or
other property within any park or parkway.
(2)
No person in any park or parkway shall remove any
device for the protection of trees or shrubs; nor shall any person
fasten a horse or other animal next to any tree, shrub or grass plot
which may become damaged by the action of the animal.
C.
Removal of ice or sand prohibited. No person shall
take ice from any stream or lake within any park or parkway nor remove
any sand therefrom or from the shores thereof without a written permit
from the Commission.
D.
Aircraft, ultralight and parachuting use prohibited.
No person shall ascend or land with any aircraft, glider, ultralight
or any parachute in any park or parkway without the written permission
of the Commission. No person shall, with any aircraft, glider, ultralight
or parachute, violate any Federal Aviation Administration (FAA) regulations
in any public property. Violations will be forwarded to the Federal
Aviation Administration for enforcement.
E.
Sleeping and camping regulated.
(1)
No person shall lie down upon any bench or table in
any park or parkway, or hang, occupy or use any hammock, except those
used for placing infants therein.
(2)
No person shall sleep, camp or lodge in any park or
parkway except in such places as designated for such purposes as overnight,
tourist, trailer camps or camp sites, and then only subject to the
rules and regulations of the Commission governing the use of such
areas.
F.
Erection of structures prohibited. No person or group
shall erect any structure, temporary or permanent, without a permit
from the Commission.
A.
Location and installation of utility fixtures. The
location of utilities within any park or parkway shall be subject
to the jurisdiction and control of the Commission, and their construction,
erection, repair or relocation shall be undertaken only after written
permission is received from said Commission and approved by the Council.
B.
Private drives and walks, design and installation.
(1)
No curb, whether stone, concrete or grass, shall be
cut for the purpose of constructing a private driveway across any
parkway border or for any other purpose, without written permission
of the Commission.
(2)
The location, width, grade, and construction of all
paths, driveways and roadways across any sidewalk border along any
parkway shall be subject to the approval of, and constructed only
after written permission therefor is obtained from, the Commission.
(3)
Any person who receives a permit to open a trench,
to cut a curb, or to deposit materials in or upon any park or parkway
shall at all times after such work has been commenced or materials
deposited, and until the same has been completed, and until all accumulations
of materials resulting from such work have been removed, so guard
and protect the same that persons driving or passing along the roadway
or sidewalk or in the vicinity of the place where the work is being
done, shall not be likely to meet with any accident therefrom; and
he shall also during the time from sunset to sunrise, each night while
said work is in progress, cause the same to be securely fenced and
guarded by a red light or lights placed in a conspicuous position,
and so secured that the same shall not be extinguished.
A.
Regular drives and parking areas. No person shall
drive any vehicle of traffic or burden upon any part of the parks
or parkways except the proper drives and parking areas, or permit
the same to stand upon the drives or any part thereof so as to congest
traffic or obstruct the drive.
B.
Vehicles for hire. No person shall cause any vehicle
for hire to stand upon any part of the parks or parkways for the purpose
of soliciting or taking in passengers or persons other than those
carried to the parks or parkways by said vehicle, unless licensed
by the Commission.
C.
Vehicles prohibited. No person shall cause any bus
with or without passengers, or any cart, dray, wagon, truck, trailer
or other vehicle carrying goods, merchandise, manure, soil, or any
other articles, or solely in use for the carriage of goods, merchandise,
manure, or other article, to enter or be driven in any part of the
parks or parkways. This section shall not apply to vehicles engaged
in the construction, maintenance, or operation of the parks or parkways,
to vehicles making deliveries to the parks or parkways, or to buses
under permit of the Commission.
D.
Traffic codes. Every person operating a vehicle of
traffic or burden within City-owned property shall comply with state,
county and municipal traffic codes and with all orders, directions,
and regulations of traffic officers, or officially displayed on any
post, standard, sign, or device installed for the regulation of traffic.
[Amended 7-12-2011 by Ord. No. 2468]
E.
Speed of vehicles. The Commission shall cause signs
to be erected indicating speed limits on roads and drives. Where no
such signs are posted the speed shall in no case be greater than 25
miles per hour.
F.
Traffic controls. The Commission shall cause to be
erected such other traffic control signs as are necessary for the
proper regulation and safe movement of vehicles, pedestrians, and
equestrians.
G.
Parking regulations. Vehicles normally shall be parked
in designated parking areas. Parking along roads and drives may be
controlled by appropriate signs.
[Amended 3-13-2007 by Ord. No. 2343]
Riders of bicycles shall comply with the rules for the regulation of other vehicles, as stated in § 184-17, and the following regulations:
A.
General rules of operation for bicycle riders.
(1)
Bicycle riders shall be allowed to ride their bicycles
on sidewalks/sidepaths within the City of New Berlin unless there
is a designated on-street bike lane that runs parallel to the sidewalk/sidepath,
or an official traffic sign that indicates otherwise;
(2)
Children riding small bicycles, with wheels less than
20 inches in diameter, should use the sidewalks/sidepaths for riding
at all times;
(3)
Under normal riding circumstances, riders shall proceed
in the extreme right-hand lane or on the right side of a sidewalk/sidepath
at all times in single file only except when reasonably necessary
to avoid unsafe conditions, including fixed or moving objects, parked
or moving vehicles, pedestrians, animals, surface hazards or substandard-width
lanes that make it unsafe to ride along the right-hand edge or curb.
(4)
Riding crosswise erratically, to and fro is strictly
prohibited;
(5)
Bicycle riders shall abide by all traffic rules and
regulations;
(6)
Bicycle riders shall always yield to pedestrian traffic;
(7)
If a bicycle rider needs to stop for any reason, other
than obeying an official traffic control device, they shall pull off
the sidewalk/sidepath or designated bike lane so as to not block the
flow of traffic;
(8)
When riding in the roadway, bicycle riders shall move
in the same direction as road traffic unless a contraflow facility
has been provided and marked with the proper traffic control devices;
(9)
No bicycle rider shall carry a passenger unless both
riders have designated seats;
(10)
No rider shall ride recklessly in any other
manner;
(11)
A bicycle shall not be towed by a rope or otherwise,
nor shall any rider hold onto any moving vehicle for the purpose of
being drawn along;
(12)
Wherever possible, bicycles shall be parked
in places provided for such purpose.
B.
Night operation.
(1)
Bicycle riders shall attach and use bicycle lighting
no later than 30 minutes after sunset;
(2)
A white light that is visible from at least 500 feet
in front shall be used on the front of the bicycle;
(3)
A red light or red reflector that can also be visible
from at least 500 feet shall be used on the rear of the bicycle.
Horseback riders shall comply with the following:
A.
No person shall ride horseback in any park or parkway
except upon designated roadways and bridle paths.
B.
No person shall ride horseback in any park or parkway
after dark or before daybreak.
C.
No person shall ride or drive a horse which cannot
be held under such control that it may be easily turned or stopped.
D.
No person shall ride or drive a horse in a reckless
manner.
E.
Pedestrians shall have the right of way when crossing
a bridle path, and whenever groups of people are visible within 300
feet horses shall be ridden at slow gaits.
F.
Every rider shall comply with all Commission rules
and signs along the bridle paths.
Bathers and swimmers shall comply with the following:
A.
No person shall wade, bathe, or swim within a park
or parkway except at pools or beaches designated for that purpose
by the Commission.
B.
No person shall wade, bathe, swim in, or attend any
such pool or beach without proper bathing attire.
C.
No person dressed in bathing costume shall be permitted
in the parks or parkways except in such areas as are designated for
bathers by the Commission.
D.
No person shall take any tin cans, bottles or glassware
of any kind, except eye glasses, into an area designated as a beach
or pool for bathers by the Commission.
E.
Any other rules and regulations which may be posted
at beaches, pools or in bathhouses or other buildings.
A.
No person shall launch or dock any boat or other watercraft
except at locations or facilities provided and designated for that
purpose by the Commission.
B.
No person shall launch or dock any boat or other watercraft
except at such times as are designated by the Commission.
C.
No person shall store or leave unattended overnight
any boat or other watercraft without the written permission of the
Commission.
D.
All persons using the boating facilities of the park
system shall comply with all posted regulations of the Commission.
A.
Permits. All permits shall be issued by a duly authorized
employee of the Commission in writing and subject to park rules and
regulations. Any person to whom a permit has been granted shall be
bound by such rules and regulations as fully as though the same were
inserted in said permits, and any person to whom such permits have
been granted shall be liable for any loss, damage, or injury sustained
by the Commission or by any person by reason of the negligence of
the person or persons to whom such permits have been granted, their
servants or agents.
B.
Leasing of equipment. The Commission may lease equipment
suitable for recreational purposes to private or public organizations
upon such terms as it may determine, provided any such lease shall
contain a provision binding the lessee to save and keep the city harmless
from all liability arising out of the leasing and use of such equipment,
and provided further the Commission may, in its discretion, in each
case require the lessee to provide public liability insurance covering
the use of such equipment.
C.
Supplementary rules. Until otherwise directed by the
Council, the Commission may adopt additional or revised rules and
regulations for the proper conduct and administration of the parks
and parkways in the city not inconsistent with this chapter, and may
perform such other acts with reference to the management of the said
parks and parkways as are lawful and as it may deem expedient to promote
the beauty and usefulness of said parks and parkways and to increase
the comfort, safety, convenience and public welfare of the citizens
of the city and of visitors to said parks and parkways in their use
of the same.
A.
Police powers. Any peace officer of New Berlin may
without a warrant arrest any offender whom he may detect in the violation
of any of the provisions of this chapter, and take the person so arrested
forthwith before the Municipal Judge, and he may at all times enter
the premises of any building, structure, or enclosure in any park
or parkway, including such grounds, building, structures, or enclosures
which may be leased or set aside for private or exclusive use of any
individual or group of individuals, for the purpose of arresting violators
hereof, and may use all necessary means to attain that end.[1]
