Montague Municipal Code Ch. 12.20 Recreation Areas

Sections:

• 12.20.010 Definitions.

• 12.20.020 Camping. 12.20.030 Fires.

• 12.20.040 Hours of use of recreation areas.

• 12.20.060 Littering. 12.20.070 Animals.

• 12.20.080 Commercial activity. 12.20.090 Sound-amplifying devices. 12.20.100 Vehicles.

• 12.20.105 Skateboards, bicycles, roller blades, scooters. 12.20.110 Rules and regulations. 12.20.120 Violations.

For the purposes of this chapter, the following definitions shall be applicable:

• A. “Alcoholic beverages” means beverages containing one-half of one (1) percent or more of alcohol by volume.

B. “Camping” means the occupation of any trailer, mobile home, camper or other vehicle equipped for human habitation; the erection of any tent or other shelter; or the arrangement of sleeping bags or bedding for the purpose of, or which will permit, remaining overnight.

• C. “Overnight” means between one-half hour after sunset of one day and seven a.m. of the following day.

D. “Recreation area” includes all parks, plazas, greenbelts, gardens, and any other property owned by the city, including structures thereon and used, operated or maintained for recreational purposes, whether active or passive. “Owned” means any property interest under which the city operates, maintains or controls any such property. The term additionally includes any and all property owned and maintained as open space.

E. “Vehicle” means a device by which any person or property may be propelled, moved or drawn, including bicycles. (Ord. 90-15 § 1, 1990)

It is unlawful to camp in any recreation area within the city without previously obtaining from the city clerk a permit. Camping shall be permitted only in those areas designated by resolution of the city council and pursuant to the terms and conditions as set forth in the resolution. (Ord. 90-15 § 2, 1990)

It is unlawful to build any fire or burn any combustible material within any recreation area except in fireplaces or barbecues constructed and maintained for such use by the city. Nothing in this section shall prohibit the use of a barbecue or similar type of cooking device when used or maintained in such a manner as not to injure or destroy vegetation or constitute a fire hazard. (Ord. 90-15 § 3, 1990)

The city council may be resolution adopt reasonable rules and regulations setting forth the times that specific designated areas are open to public use. Notwithstanding the foregoing, any and all recreation areas are closed to public use between one-half hour after sunset and seven a.m. daily, except by permission specifically granted by the city council in advance; and it is unlawful for any person to be in a recreation area during such prohibited times. This section shall not be applicable to a person or persons who have obtained a permit from the city clerk pursuant to this chapter, or a resolution adopted pursuant to this chapter. (Ord. 90-15 § 4, 1990)

It is unlawful for any person within any recreation area to deposit, place, throw or in any manner dispose of any rubbish, trash, garbage, can, bottle, glass, paper or any decaying or putrid matter of any kind whatsoever except in containers provided for such purpose by the city. (Ord. 90-15 § 6, 1990)

Except as hereinafter provided, it is unlawful for any person to permit any dog, cat, fowl, or other domesticated animal to enter upon or be within any recreation area. Dogs are allowed in recreation areas only if trained for and providing aid to a blind or any other handicapped person. It is unlawful to kill, wound, chase, or capture any bird or animal within any recreation area, except as may be necessary to enforce the animal control laws of the city. (Ord. 90-15 § 7, 1990)

• A. Without first receiving a permit from the city council, it is unlawful in a recreation area to:

  1. Sell, offer for sale, advertise for sale or solicit for future delivery any goods, wares, merchandise, food or beverages or for the performance of any services;

  2. Promote, conduct or manage any game, contest, show, exhibition, concert or lecture when an admission charge thereto is required.

B. A permit may be issued by the city council if the city council determines the activity provides a public service and does not substantially interfere in any manner with the use of the recreation area by the general public. (Ord. 05-02 § 1, 2002; Ord. 90-15 § 8, 1990)

It is unlawful for any person or persons to use, maintain or permit the use or maintenance of a loudspeaker, sound amplifier or other similar device within any recreation area. The city council may be resolution adopt reasonable rules and regulations for the issuance of permits for use of such devices within any recreation area. (Ord. 90-15 § 9, 1990)

It is unlawful to use, operate or maintain any vehicle within a recreation area except on streets, roadways or parking areas located therein, unless otherwise prohibited by resolution of the city council. (Ord. 90-15 § 10, 1990)

No skateboards, bicycles, roller blades or scooters are to be ridden on Montague City property wherever signs with this section are posted. Violators will be prosecuted. (Ord. 10-01, 2010)

In order to promote the safety, comfort and convenience of persons using any park or recreation area, the council may from time to time by resolution adopt rules and regulations not inconsistent with the provisions of this chapter and make the same applicable generally or to a particular park or recreation area or portion thereof. Such rules and regulations may include regulating the speed of vehicles, establishing campsites, parking areas and areas where parking or driving of vehicles is prohibited, areas where certain games or activities are prohibited, and such other rules and regulations as in the opinion of the council are necessary for the safety, comfort and convenience of persons using such park or recreation area. When such rules and regulations have been adopted and signs erected within the park or recreation area or portions thereof affected, thereby informing the public of the substance of such rules and regulations, it is unlawful for any person to fail to comply therewith. (Ord. 90-15 § 11, 1990)

Any violation of any provision of this chapter or any resolution adopted pursuant thereto shall constitute an infraction. (Ord. 90-15 § 12, 1990)