[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 Recreation Committee.
[Amended 3-1-2000 by Ord. No. 2000-9; 10-4-2006 by Ord. No.
2006-11; 1-6-2016 by Ord. No. 2016-1]
(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 ,
which shall be closed between 10:00 p.m. and 6:00 a.m. Only a person
or persons 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; 1-6-2016 by Ord. No. 2016-1; 3-4-2020 by Ord. No. 2020-2]
(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. The following rules shall be obeyed by any person permitted
to camp 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; amended 3-4-2015 by Ord. No. 2015-3; 1-6-2016 by Ord. No. 2016-1]
(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 specified on the
permit. Do not camp in the woods or other natural areas.
[Amended 1-6-2016 by Ord.
No. 2016-1]
(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 designated fire rings, personal grills,
and designated fireplaces provided for that purpose. Personal grills
shall be used only in designated picnic areas. Firewood must be small
enough to fit inside the fire ring.
[Amended 1-6-2016 by Ord.
No. 2016-1]
(15)
Do not burn anything other than clean wood in designated fire
rings and fireplaces.
[Amended 1-6-2016 by Ord.
No. 2016-1]
(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.
[Added 3-4-2020 by Ord. No. 2020-2[1]]
A.
Purpose and definition. In order to provide for active recreational
activities, the Town constructed the Korb Sports Complex and Orthopaedic
Hospital of Wisconsin Fields. In order to protect these facilities
from injury, damage or desecration, these regulations are enacted.
The terms "Complex and OHOW Fields," as hereinafter used in this subsection,
shall include all grounds, structures, watercourses and amenities
which are located within the Korb Sports Complex and Orthopaedic Hospital
of Wisconsin Fields.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump or deposit any
rubbish, refuse, earth or other material in the Complex and OHOW Fields,
except by placing such material in receptacles provided for such purpose.
(2)
Sound devices. No person shall operate or play any amplifying system
within the Complex and OHOW Fields unless specific authority is first
obtained from the Town.
(3)
Pets.
No person shall permit any dog, cat or other pet owned by him/her
within the Complex and OHOW Fields, except for "service animals" required
for use by a person with a disability.
(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 the Complex and OHOW Fields, except
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 the Complex and OHOW Fields.
(6)
Removal of Complex and OHOW Fields equipment prohibited. No person
shall remove benches, seats, tables or other equipment.
(7)
Trapping. No person shall trap in any animals, birds or waterfowl
in the Complex and OHOW Fields unless specific written authority is
first obtained from the Town Board.
(8)
Making of fires. No person shall start, tend or maintain a fire in
the Complex and OHOW Fields. The use of personal grills is prohibited.
(9)
Protection of property. No person shall kill, injure or disturb or
attempt to injure or disturb waterfowl, birds or animals, wild or
domestic, within the Complex and OHOW Fields. 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 the Complex and OHOW
Fields, except as authorized by the Park and Recreation Committee.
(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. The Complex shall be closed between 9:00 p.m.
and 6:00 a.m. The OHOW Fields shall be closed between 10:00 p.m. and
6:00 a.m.
(12)
Reckless driving prohibited. No person shall operate a motor
vehicle in a reckless manner within the Complex and OHOW Fields.
(13)
Parking. No person shall park any motor vehicle in the Complex
and OHOW Fields 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.
(14)
Illegal entry. It shall be unlawful for any person to enter
in any way any Complex and OHOW Fields building, installation or area
after the posted closing time or before the posted opening time, or
contrary to posted notices.
(15)
Firearms.
(a)
Within the Complex and OHOW Fields it shall be unlawful for
any person to have in their 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.
[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 Administration personnel.
(b)
Hunting is prohibited within the Complex and OHOW Fields.
(c)
Use of paintball guns is prohibited within the Complex and OHOW
Fields.
(16)
No horseback or other riding of animals shall be permitted within
the Complex and OHOW Fields.
(17)
Camping is prohibited within the Complex and OHOW Fields.
[Amended 3-1-2000 by Ord. No. 2000-9; 3-4-2020 by Ord. No. 2020-2]
No person shall operate a radio-controlled model airplane or
other powered devices in any Town park or the Korb Sports Complex
and OHOW Fields 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.
[Amended 3-1-2000 by Ord. No. 2000-9; 3-4-2020 by Ord. No. 2020-2]
A.
Fee schedule. It shall be unlawful for any person to use any Town
park or Korb Sports Complex and OHOW Fields 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 or Korb Sports Complex and OHOW Fields 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.
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, Korb Sports Complex, OHOW Fields, 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 3-4-2020 by Ord. No. 2020-2]
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, Korb Sports Complex, OHOW Fields, 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/Korb Sports
Complex and OHOW Fields 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/Korb
Sports Complex and OHOW Fields 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; 8-7-2013 by Ord. No. 2013-7; 3-4-2015 by Ord. No. 2015-3; 1-6-2016 by Ord. No. 2016-1; 3-4-2020 by Ord. No. 2020-2]
A.
Policy on reservation. Town-owned park, Korb Sports Complex, OHOW
Fields and associated 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/Korb Sports Complex/OHOW Fields facilities, shelters,
campgrounds or parts thereof in the Town to the end that the general
welfare of the Town is protected.
B.
Reservation of space. A person or group, firm, organization, partnership
or corporation may reserve the use of a park/Korb Sports Complex/OHOW
Fields 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/Korb Sports Complex/OHOW Fields
or other facility. The reservation of the youth scouting overnight
campground area is limited to youth scouting groups within Pleasant
Valley Park and Trails. Overnight camping in other areas of the park
is available to nonscouting applicants. 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 is permitted; however,
overnight camping is limited to the area specified on the permit.
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/Korb Sports Complex/OHOW Fields 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:
(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/Korb Sports Complex,
OHOW Fields area, campground, or facility.
(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 fee for other ballfield or Korb Sports Complex/OHOW Fields
facility fee as set by the Town Board. The deposit shall be returned
if cleanup or repair by the Town is not required.
(2)
All scouting groups or other applicants applying for overnight camping
permits in the Town of Cedarburg must provide a refundable deposit
of $200 and proof of insurance in the amount of $500,000 naming the
Town of Cedarburg as an additional insured. The deposit shall be returned
if cleanup or repair by the Town is not required.
(3)
All applicants applying for use of the Korb Sports Complex and OHOW
Fields must provide a refundable deposit of $200 and a certificate
of insurance for comprehensive general liability insurance denominated
not less than $1,000,000 in the aggregate and not less than $500,000
for any single occurrence naming the Town of Cedarburg as an additional
insured. 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/Korb
Sports Complex/OHOW Fields 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/Korb Sports Complex and/or OHOW Fields,
associated facility or campground at a date and time when, in addition
to the proposed use, anticipated nonexclusive use by others of the
park/Korb Sports Complex and/or OHOW Fields, associated 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/Korb Sports Complex, OHOW Fields, associated 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/Korb Sports Complex/OHOW Fields 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/Korb Sports Complex/OHOW Fields, 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/Korb Sports Complex/OHOW
Fields, associated 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.