[HISTORY: Adopted by the Village Board of
the Village of Theresa 6-3-1996 as Title 12, Ch. 1 of the 1996 Code. Amendments noted where
applicable.]
A.
Purpose and definition. In order to protect the parks,
parkways, recreational facilities and conservancy areas within the
Village of Theresa from injury, damage or desecration, these regulations
are enacted. The term "park" as hereinafter used in this chapter shall
include all grounds, structures and watercourses which are or may
be located within any area dedicated to the public use as a park,
parkway, recreation facility, playground, swimming pool or conservancy
area in the Village.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump
or deposit any rubbish, refuse, earth or other material in any park.
(2)
Sound devices. No person shall operate or play any
amplifying system unless specific authority is first obtained from
the Village Board.
(3)
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.
(4)
Throwing stones and missiles prohibited. No person
shall throw stones or other missiles in or into any park.
(5)
Removal of park equipment prohibited. No person shall
remove benches, seats, tables or other park equipment from any park.
(6)
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.
(7)
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 that 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.
(8)
Protection of park property.
(a)
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, flowerbed, turf, soil,
sand, fountain, ornament, building, structure, apparatus, bench, table,
official notice, sign or other property within any park.
(b)
No person shall deface, by throwing stones,
pebbles or other debris, 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 the equipment by means of a sharp instrument.
(9)
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.
(10)
Snowmobiles. No person shall operate a snowmobile
in a Village park except in designated areas. Snowmobiles shall only
be operated on designated trails.
(11)
Speed limit. No person shall operate any vehicle in
a Village park in excess of 15 miles per hour unless otherwise posted.
(12)
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.
(13)
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.
(14)
Parking in parks. No person shall park any motor vehicle
in any park in the Village except in a designated parking area.
(15)
Horse and carriages. No person shall ride a horse
or drive a horse-driven vehicle in any 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.
(16)
Removing tree protectors. No person shall remove any
device for the protection of trees or shrubs.
(17)
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; putting, however, is permitted. All
sporting activities must be held in areas so designated for that purpose.
(18)
Arrows. No person shall use or shoot any bow and arrow
in any Village park, except in authorized areas.
(20)
Pets. Pets, including animals of any species, shall
not be permitted to run at large in any Village parks, except for
Village-approved events.
(21)
Firearms; hunting. Possessing or discharging of any
air gun, slingshot, explosive, firearm or weapon of any kind is prohibited
in all Village parks.
(22)
Fish cleaning. Cleaning of fish in shelters, toilet
facilities or picnic areas is prohibited in all Village parks.
(24)
Vendors restricted. No person shall sell, vend or
give away any article of merchandise whatever, without a written permit
from the Village Board.
(26)
Camping. No overnight camping shall be permitted in
any park, except where written approval of the Village Board or duly
authorized agent is first obtained.
It shall be unlawful for any person to fly,
operate or make use of any remote- or radio-controlled model airplane,
helicopter, vehicle or any other such airborne device in, over or
upon any street, park or other public or private property except in
areas specifically designated and posted for such purpose and with
the consent of the property owner or lessee of the property.
[Amended 8-1-2005 by Ord. No. 1-10]
Except as authorized by the Chief of Police
or Village Board, no person shall dig into the turf of any Village-owned
park or recreational property for any purposes whatsoever or remove
any trees or flowers. Absent authorization by the Chief of Police
or Village Board, the use of metal detectors and digging for buried
objects on Village parks or recreational property are prohibited.
A.
Hours established. All Village parks shall be closed
to the public between the hours of 9:00 p.m. and 8:00 a.m. of the
succeeding day. Any law enforcement officer of the Village may clear
all persons from the Village parks during closing hours.
B.
Exceptions.
(1)
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 on specific days and for
specific purposes.
(2)
The regular closing hours of the Village parks do
not apply to persons in attendance at a regularly scheduled ball game
at the ball diamond located in the Village, except that those persons
shall vacate the park within 15 minutes after the ending of a regularly
scheduled game.
A.
Policy on reservation. The Village-owned park and
park facilities and shelter areas are primarily for the nonexclusive
use of the residents of and visitors to the Village. However, under
proper circumstances, exclusive use of the same or parts thereof may
be permitted. This section is intended to regulate exclusive use of
municipally owned parks, park facilities, park shelters or parts thereof
in the Village of Theresa to the end that the general welfare of the
Village is protected.
B.
General. A person or group, firm, organization, partnership or corporation may reserve the use of a park facility or a park shelter by written application filed with the Village Clerk-Treasurer for a permit for exclusive use of the same. The Village Clerk-Treasurer shall issue permits for exclusive use of a portion of a park or park shelter, while the Village Board shall issue permits for the exclusive use of Village parks. All reservations shall be made on application forms in the office of the Village Clerk-Treasurer and shall be on a first-come, first-served basis; provided, however, that any Village-based church or civic group may make reservations for dates used by it in past years on a continuing basis at any time. Reservation of a designated area shall give the party to whom reserved the right to use such area to the exclusion of others for and during the period of reservation. Areas not reserved shall be open to use by all. Fees for such reservations shall be as prescribed in Chapter 167, Fees.
C.
Application. Applications shall be filed with the
Village Board at least 14 days prior to the date on which the exclusive
use of the entire park is requested, or at least three days prior
to the date on which a park shelter or a portion of a park is to be
used, and shall set forth the following information regarding the
proposed exclusive use:
(1)
The name, address and telephone number of the applicant.
(2)
If the exclusive use is proposed for a group, firm,
organization, partnership or corporation, the name, address and telephone
number of the headquarters of the same and the responsible and authorized
heads or partners of the same.
(3)
The name, address and telephone number of the person
who will be responsible for the use of said park, area or facility.
(4)
The date when the exclusive use is requested and the
hours of the proposed exclusive date.
(5)
The anticipated number of persons to use said park,
area or facility.
(6)
Any additional information which the Village Board
or Clerk-Treasurer finds reasonably necessary to a fair determination
as to whether a permit should be issued.
D.
Action on application. The Village Board shall act
promptly on all applications for permits for exclusive park use (not
shelter use) after consulting with the applicant, if necessary.
E.
Reasons for denial. Applicants under this section
may be denied for any of the following reasons:
(1)
If it is for a use which would involve a violation
of federal or state law or any provision of this Code.
(2)
If the granting of the permit would conflict with
another permit already granted or for which application is already
pending.
(4)
The application is made less than the required days
in advance of the scheduled exclusive use.
(5)
If it is for a use of the park or park facility at
a date and time when, in addition to the proposed use, anticipated
nonexclusive use by others of the park or park facility is expected
and would be seriously adversely affected.
(6)
If the law enforcement requirements of the exclusive
use will require so large a number of persons as to prevent adequate
law enforcement to the park, park facility or shelter area involved
or of the rest of the Village.
(7)
The exclusive use will reasonably create a substantial
risk of injury to persons or damage to property.
(8)
The exclusive use is so poorly organized that participants
are likely to engage in aggressive or destructive activity.
F.
Indemnification. Prior to granting any permit for
exclusive use of the park, the Village may require the permittee to
file evidence of good and sufficient sureties, insurance in force
or other evidence of adequate financial responsibility, running to
the Village and such other third parties as may be injured or damaged,
in an amount depending upon the likelihood of injury or damage as
a direct and proximate result of the exclusive use sufficient to indemnify
the Village and such third parties as may be injured or damaged thereby,
caused by the permittee, its agents or participants.
G.
Permit not required for Village activity. A permit
is not required for exclusive use of the park or a park facility sponsored
by the Village of Theresa.
H.
Permit revocation. The Village Board or Chief of Police
may revoke a permit already issued if it is deemed that such action
is justified by an actual or potential emergency due to weather, fire,
riot, other catastrophe or likelihood of a breach of the peace or
by a major change in the conditions forming the basis of the issuance
of the permit.
I.
Form of permit. Each permit shall be in a form prescribed
by the Village Board and shall designate the park, park facility or
shelter area involved, date, hours of the exclusive use, purpose of
the exclusive use and the name of the person, group, firm, organization,
partnership or corporation to which the permit is issued.
J.
Class "B" fermented malt beverage licenses. When fermented malt beverages are sold at any event authorized by this section, a valid fermented malt beverage license shall be obtained and the provisions of Chapter 201, §§ 201-14 and 201-22 shall be fully complied with. Said license must be held by the person who filed the original license and shall be presented to any law enforcement officer upon request.
K.
Care of facilities. Persons reserving Village facilities
shall be completely responsible for cleaning up the facilities after
the event to the satisfaction of Village officials. All reserved areas
shall be left in a 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 Village Clerk-Treasurer. Failure to do so shall deny future use
of park facilities until such payment is made, in addition to any
other remedy which the Village may have.
A.
Noise restriction. No person shall drive, operate
or use any boat propelled by gasoline or other similar motive power
with the muffler off or cutout open on any of the waters of the Rock
River within the limits of the Village at any time or so as to produce
excessive or unusual noise or so as to disturb the lawful quiet of
the neighborhood or of any person.
B.
Speed limit and operating restrictions. No person
shall drive, operate or use any boat propelled by gasoline or other
similar motive power on any of the waters of the Rock River within
the limits of the Village at a speed in excess of eight miles per
hour, or in a careless, negligent or reckless manner, so as to unnecessarily
interfere with the use of the waters by any other person or persons
in the vicinity engaged in the recreation of fishing, boating or other
use of the waters, or so as to endanger the life or property of other
persons lawfully on the waters or on the banks of the Rock River.
