[HISTORY: Adopted by the Town Board of the
Town of Cedarburg 1-2-1991 as Title 4, Ch. 5 of the 1991 Code. Amendments noted where
applicable.]
A.
Purpose and definition. In order to protect the parks,
parkways, recreational facilities and conservancy areas within the
Town 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 or conservancy district in the Town.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump
or deposit any rubbish, refuse, earth or other material in any park,
except by placing such material in receptacles provided for such purpose.
(2)
Sound devices. No person shall operate or play any
amplifying system unless specific authority is first obtained from
the Town Administrator.
(3)
Pets. No person shall permit any dog, cat or other
pet owned by him to run at large in any park or to allow pets to enter
any public buildings, bathing beaches, picnic grounds or playgrounds
within any park.
(4)
Bill posting. No person shall post, paste, fasten,
pin 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 Town Board.
(5)
Throwing stones and projectiles prohibited. No person
shall throw stones or other projectiles in or into any park.
(6)
Removal of park equipment prohibited. No person shall
remove benches, seats, tables or other park equipment from any park.
(7)
Trapping. No person shall trap in any animals, birds
or waterfowl in any park unless specific written authority is first
obtained from the Town Board.
[Amended 3-1-2000 by Ord. No. 2000-9]
(8)
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.
(9)
Protection of park property. No person shall kill,
injure or disturb or attempt to injure or disturb waterfowl, birds
or animals, wild or domestic, within any park. 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, except as
authorized by the Park and Open Space Committee.
[Amended 3-1-2000 by Ord. No. 2000-9; 10-4-2006 by Ord. No.
2006-11]
(10)
Motorized vehicles. No person shall operate an unlicensed
or licensed motorized vehicle outside of areas specifically designated
as parking areas, except areas where the operation of such vehicles
is specifically permitted.
(11)
Closing hours. All Town parks shall be closed between
9:00 p.m. and 6:00 a.m., except Pleasant Valley Park and Trails and
the Orthopaedic Hospital of Wisconsin Fields, which shall be closed
between 10:00 p.m. and 6:00 a.m. Only youth scouting groups possessing
an overnight camping permit are allowed in Pleasant Valley Park and
Trails between 10:00 p.m. and 6:00 a.m.
[Amended 3-1-2000 by Ord. No. 2000-9; 10-1-2008 by Ord. No. 2008-15; 2-4-2015 by Ord. No.
2015-2; 3-4-2015 by Ord. No. 2015-3]
(12)
Reckless driving in parks prohibited. No person shall
operate a motor vehicle in a reckless manner in any of the public
parks of the Town.
(13)
Parking in parks. No person shall park any motor vehicle
in any park in the Town except in a designated parking area and no
parking shall be permitted other than posted park hours, except by
permit issued by the Town Clerk or Administrator.
[Amended 3-1-2000 by Ord. No. 2000-9; 3-4-2015 by Ord. No. 2015-3]
(14)
Illegal entry. It shall be unlawful for any person
to enter in any way any park building, installation or area after
the posted closing time or before the posted opening time, or contrary
to posted notices, unless possessing an overnight camping permit.
[Amended 10-1-2008 by Ord. No. 2008-15]
(15)
Firearms.
[Amended 3-1-2000 by Ord. No. 2000-9]
(a)
Within a Town park it shall be unlawful for
any person to have in his possession or under his control:
[1]
Any firearm or airgun as defined in the Wisconsin
Statutes, unless the firearm is unloaded and enclosed within a carrying
case. This subsection does not apply to a licensee or out-of-state
licensee, as defined in § 175.60(1), Wis. Stats., if the firearm
is a weapon as defined in § 175.60(1)(j), Wis. Stats., or to
a law enforcement officer, a qualified out-of-state law enforcement
officer, or a former officer as defined in and subject to the conditions
contained in § 941.23, Wis. Stats.
[Amended 11-2-2011 by Ord. No. 2011-8]
[2]
Any bow, unless the same is unstrung or enclosed
in a carrying case or unless written permission has first been granted
by the Town Administrator to use a bow in a specific, supervised sport
or activity, and then only within a designated area; provided, however,
that it shall be unlawful to engage in any sport or activity involving
a strung bow that constitutes a safety hazard in the judgment of any
law officer or Town Administrator personnel.
(b)
Hunting is prohibited in all Town parks and
recreational areas.
(c)
Use of paintball guns is prohibited in all Town
parks.
(16)
No horseback or other riding of animals shall be permitted
in any park.
[Amended 3-1-2000 by Ord. No. 2000-9]
C.
Camping
rules for youth scouting groups. The following rules shall be obeyed
by youth scouting groups camping in Pleasant Valley Park and Trails,
in addition to all other rules contained within this chapter:
[Added 1-7-2009 by Ord.
No. 2009-4; 3-4-2015 by Ord. No. 2015-3]
(1)
Campers
must obtain an overnight camping permit from Town Hall prior to unloading
gear at the campground.
(2)
The
maximum length of stay is as cited in the permit.
(3)
A single
site may be used by up to the number of persons cited in the permit
and may not exceed this number.
(4)
Only
campers with a permit from Town Hall are allowed after 10:00 p.m.
(5)
Use
of other areas of the park by the permittee is allowed; however, overnight
camping is limited to the identified camping area. Do not camp in
the woods or other natural areas.
(6)
Camping
equipment cannot be left unattended.
(7)
The
Town of Cedarburg is not responsible for any loss or damage to personal
property. Remove all personal property when leaving.
(8)
The
use of generators is prohibited.
(9)
The
use of fireworks or other explosives is prohibited within campgrounds
unless a permit is obtained from the Town.
(10)
Alcohol
intoxication or drinking alcoholic beverages in the park is prohibited.
(11)
Keep
your site clean of all litter and waste. Throw all garbage and litter
in refuse cans and recycle bins provided for this purpose or take
it with you.
(12)
Use
toilets properly. Do not throw garbage, litter, or other foreign substances
in toilets and plumbing fixtures.
(13)
Obey
restrictions on fires. Fires may be limited or prohibited at certain
times.
(14)
Build
fires only in fire rings provided for that purpose. Firewood must
be small enough to fit inside the fire ring.
(15)
Do
not burn anything other than clean wood.
(16)
Do
not start campfires with gasoline or camping fuel. Keep flammable
materials away from campfires. You are responsible for keeping fires
under control.
(17)
Be
sure your fire is completely extinguished before leaving your site
or going to sleep at night.
(18)
Do
not damage the land or vegetation, or disturb wildlife.
(19)
Do
not block, restrict, or interfere with the use of roads or trails.
(20)
Hunting
is prohibited in the park.
(21)
Vandalizing
park buildings and other property is illegal and will result in citation.
(22)
No
fighting or boisterous behavior.
(23)
Keep
noise at a reasonable level.
(24)
Operate
any audio device such as a radio or musical instrument so that it
will not disturb the wildlife or neighbors.
[Amended 3-1-2000 by Ord. No. 2000-9]
No person shall operate a radio-controlled model
airplane or other powered devices in any park in the Town of Cedarburg
except in areas specifically designated and posted for such purpose.
[Amended 3-1-2000 by Ord. No. 2000-9]
Absent authorization by the Town Board, the
use of metal detectors and digging for buried objects on Town property
are prohibited.
A.
Fee schedule. It shall be unlawful for any person
to use any Town park facility, shelter, land or recreational area
for which a fee or charge has been approved by the Town Board without
payment of such fee or charge. Fees and charges shall be reviewed
annually.
B.
Special fees. Any park structure, facility or area
other than the above may be reserved or rented for special purposes
subject to the approval of the Town Board, Administrator or Clerk.
Fees may be established for recreational programs where costs warrant
them. The Town Board shall establish a fee schedule for each facility
or recreational program.
[Amended 3-1-2000 by Ord. No. 2000-9]
C.
Additional rules. Rules and regulations may be made
from time to time by the Town Board governing the further use of and
enjoyment of Town parks, parkways, playgrounds, beaches, boat landings,
campgrounds, lakes, streams and the facilities thereof. Any person
who shall violate such rules or regulations may be excluded from the
use of such facility.
D.
Permits. Any person to whom a permit shall have been
issued by the Town Board or agent thereof shall be bound by the provisions
of all ordinances and rules of the Town of Cedarburg as fully as though
the laws and the provisions of this chapter were inserted in each
permit.
[Amended 3-1-2000 by Ord. No. 2000-9]
A.
Location of public utilities. The location of all
sewers and receivers, gas pipes, water pipes, stopcock boxes, hydrants,
lampposts, telegraph, telephone and electric power posts and lines,
manholes, conduits and pumps within any Town park or parkway shall
be subject to the jurisdiction and control of the Town Administrator,
and their construction, repair or relocation shall be undertaken only
after written permission is received from the Town Administrator.
B.
Private construction.
(1)
No curb, whether stone, concrete or glass, shall be
cut for the purpose of constructing a private driveway across any
parkway border, nor for any other purpose, without the written permission
of the Town Administrator.
(2)
The location, width, grade and construction of all
paths, driveways and roadways across any sidewalk bordering along
any parkway shall be subject to the approval of the Town Administrator
and constructed only after written permission is obtained from the
Town Administrator.
[Amended 3-1-2000 by Ord. No. 2000-9; 10-4-2006 by Ord. No.
2006-11; 10-1-2008 by Ord. No. 2008-15]
A.
Policy on reservation. The Town-owned park and park
facilities and shelter areas are primarily for the use of the residents
and visitors of the Town. However, under proper circumstances, exclusive
use of the same or parts thereof may be permitted. This section is
intended to regulate exclusive use of Town-owned parks, park facilities,
shelters, campgrounds or parts thereof in the Town to the end that
the general welfare of the Town is protected.
B.
Reservation of park space. A person or group, firm,
organization, partnership or corporation may reserve the use of a
park facility, shelter, or ballfield by written application filed
with the Town Administrator or Clerk for a permit for exclusive use
of the same. The Administrator or Clerk shall issue permits for exclusive
use of a shelter, ballfield, park, or other facility. The reservation
of the overnight campground area is limited to youth scouting groups
within Pleasant Valley Park and Trails. The Administrator or Clerk
shall issue permits for the use of campground areas. During the period
of the permit, use of other areas of the park by scouting groups is
permitted; however, overnight camping is limited to the camping areas.
[Amended 8-7-2013 by Ord. No. 2013-7; 3-4-2015 by Ord. No. 2015-3]
C.
Application. Applications shall be filed with the
Clerk at least 45 days prior to the date on which the exclusive use
of the entire park is requested or at least five days prior to the
date on which a shelter, campground, ballfield or related facility
is to be used and shall set forth the following information regarding
the proposed exclusive use:
[Amended 8-7-2013 by Ord. No. 2013-7]
(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 use.
(5)
The anticipated number of persons to use said park,
area, campground, facility, or ballfield.
(6)
Any additional information which the Town Board or
its designee finds reasonably necessary to make a fair determination
as to whether a permit should be issued.
D.
Deposit.
(1)
All
applicants must provide a refundable deposit of $200 and provide payment
of $100 per day of use for any park shelter located in the Town and
other ballfield or facility fee as set by the Town Board. The deposit
shall be returned if cleanup or repair by the Town is not required.
[Amended 8-7-2013 by Ord. No. 2013-7]
(2)
All
scouting groups applying for campground permits in the Town of Cedarburg
must provide a refundable deposit of $200. The deposit shall be returned
if cleanup or repair by the Town is not required.
E.
Action on application. The Town Board or appropriate
designee thereof shall act promptly on all applications for permits
for exclusive park use (not shelter use) and campground use after
consulting with the applicant, if necessary.
F.
Reasons for denial. Applications may be denied for
any of the following reasons:
(1)
If it is for a use which would involve a violation
of any applicable 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)
If 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, park facility or campground
at a date and time when, in addition to the proposed use, anticipated
nonexclusive use by others of the park, park facility or campground
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, shelter area or campground
involved or of the rest of the Town.
(7)
If the exclusive use will reasonably create a substantial
risk of injury to persons or damage to property.
(8)
If the exclusive use is so poorly organized that participants
are likely to engage in aggressive or destructive activity.
G.
Indemnification. Prior to granting any permit for
exclusive use of the park or part thereof, the Town may require the
permittee to file evidence of good and sufficient sureties, insurance
in force or other evidence of adequate financial responsibility in
favor of the Town, running to the Town and such other third parties
as may be injured or damaged, in an amount based on the possibility
of injury or damage as a direct and proximate result of the exclusive
use so as to indemnify the Town and such third parties as may be injured
or damaged and caused by the permittee, its agents or participants.
H.
Permit not required for Town activity. A permit is
not required for exclusive use of the park, park facility or campground
sponsored by the Town.
I.
Permit revocation. The Town Board or designee thereof,
after granting a permit, 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 major change in the conditions forming
the basis of the issuance of the permit.
J.
Form of permit. Each permit shall be in a form prescribed
by the Town Administrator and shall designate the park, park facility,
shelter area or campground 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 whom or to which
the permit is issued.