Chapter 12.12 — PARK USE REGULATIONS

For the purposes of this chapter, the following terms shall have the meanings given in this section:

"Facility" is a public building, or recreation center within the city owned or used by the city and devoted to active or passive recreation and meetings.

"Park" means a park, reservation, recreation center or any other area within or without the city, owned or used by the city and devoted to active or passive recreation.

"Person" means any person, firm, partnership, association, corporation or organization of any kind.

"Vehicle" means any wheeled conveyance, whether motor-powered, animal drawn or self-propelled. The term shall include any trailer in tow of any size, kind or description. Exception thereto is made for baby carriages, and for vehicles in the service of the parks of this city.

(Ord. 235 § 2(part), 1983: prior code § 10-101)

The parks of the city are dedicated to the use and enjoyment of all persons. To ensure the parks' conservation and continuous availability for the use and enjoyment of all persons, the following rules shall apply. No person shall:

A.

Wilfully mark, deface, disfigure, tamper with or displace or remove any building, tables, benches, fireplaces, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal;

B.

Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of eight years shall use restrooms and washrooms designated for the opposite sex;

C.

Dig or remove any trees, shrubs or plants, or make any excavation by tools, equipment, blasting or other means or agency;

D.

Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant;

E.

Climb any tree, or walk, stand or sit upon fences or upon any other property not designated or customarily used for such purposes;

F.

Permit any horse, or any other animal, to be hitched to any rock, tree or shrub;

G.

Deposit any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. All such refuse or trash shall be removed from the grounds of any park and shall be placed in the proper receptacles where these are provided, and where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere;

H.

Picnic or lunch in a place other than those designated for that purpose. All persons using the area shall completely extinguish any fires kindled and comply with subsection F of this section regarding removal of trash and rubbish and shall comply with any directions given by the public works superintendent or any employee acting under authority of the superintendent to prevent congestion and to secure the maximum use for the comfort and convenience of all;

I.

Use any portion of the picnic area or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. Use of the individual barbecue places together with tables and benches shall follow generally the rule of "first come, first served." The use of such area may be reserved by obtaining a permit from the public works superintendent under Sections 12.12.070 or 12.12.080;

J.

Fail to produce and exhibit any permit he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule;

K.

Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity;

L.

Solicit alms or contributions for any purpose, whether public or private;

M.

Engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace or against the public decency;

N.

Light any fire except in places specifically provided therefor, and all dead wood, dry leaves, chips, or other combustible material which may be gathered around any place provided for fires shall be carefully removed before lighting any fire. When the fire is no longer needed, it shall be completely extinguished with water;

O.

Possess or use any fireworks of any kind whatsoever except for a public display pursuant to a permit therefor;

P.

Engage in gambling in any form;

Q.

Permit any dog, cat, fowl or other domestic animal under his control to enter or go at large within such park or recreation area; provided, however, that this shall not apply to dogs upon a leash and under the immediate control of the person in possession thereof; nor shall it apply to any domestic animal when specific permission therefor has been granted by the council;

R.

To remain, stay or loiter, in any public park, between the hours of seven p.m. and five a.m. of the following day, from October 1st through March 31st; and between the hours of ten p.m. and five a.m. of the following day, from April 1st through September 30th, without written permission from the council.

(Ord. 235 § 2(part), 1983: prior code § 10-102)

The following activities are of such nature as to unreasonably interfere with or detract from the general public enjoyment of the park, or are of such nature as to be dangerous, and are therefore restricted to areas designated for such purposes:

A.

The playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, or model airplanes;

B.

Rough or comparatively dangerous games such as football, baseball, horseshoes and quoits;

C.

Rollerskating;

D.

Riding of a horse except on designated trails. Horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to graze or go unattended; and activities designated in

Section 12.12.020(F);

E.

Setting up tents, shacks or other temporary shelter for the purpose of camping, nor shall any person sleep or protractedly lounge on the seats or benches or tables, or sleep or protractedly lounge anywhere in any park at any time from midnight of any day to six a.m. of the following day. No person shall leave in a park any moveable structure that could be used for such purpose after nine p.m.

(Ord. 235 § 2(part), 1983: prior code § 10-103)

Any section or part of any park may be declared closed to the public by the public works superintendent at any time and for any interval of time, either temporary or at regular and stated intervals, consistent with the provisions of this chapter.

(Ord. 235 § 2(part), 1983: prior code § 10-104)

Any application for use permit required by this chapter or any permit referred to in Section 12.12.080 shall be obtained from the city clerk as follows:

A.

An application for use permit shall be filed with the public works superintendent stating the following:

Name and address of person sponsoring the activity;

Name and address of applicant;

The day and hours for which the permit is desired;

The park and portion thereof or the facility for which such permit is desired;

An estimate of the anticipated attendance;

Any other information which the superintendent shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.

B.

The permit shall be issued by the public works superintendent hereunder when he finds:

That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

That the proposed activity or use is not reasonably anticipated to invite violence, crime or disorderly conduct;

That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city;

That the facilities desired have not been reserved for other use at the day and hour required in the application;

That, if the proposed activity will include dancing, the applicant will provide, at his expense, two or more uniformed security officers who, under the supervision and direction of the chief of police or his agents, will maintain order and patrol the immediate area for such dancing while such dancing occurs.

(Ord. 235 § 2(part), 1983: prior code § 10-105)

A.

A permit shall be approved by the public works superintendent for the following activities:

Reservations for family gatherings and family picnics;

Reservations for groups with less than twenty-five persons;

Dog and animal clinics;

Paste, glue, tack or otherwise post or affix any sign, placard, advertisement or inscription whatever to any tree, structure, building or facility whatsoever;

Construct or erect any building or structure of whatever kind whether permanent or temporary in character or run or string any public service utility into, upon or across such parks;

Ride or drive any vehicle on any area except if any on areas which may be specifically designated as parking or driving areas, or operating any vehicle in excess of posted speed limits;

This section shall not be deemed to require a permit for family gatherings and family picnics.

B.

A permit shall be obtained form the public works superintendent for the use of facilities and buildings for the following activities:

An activity which will be scheduled for a specific time and on a specific day not to exceed two days continuous use;

Meetings which are scheduled one time only at a specific time and day.

(Ord. 235 § 2(part), 1983: prior code § 10-106)

A permit shall be approved by the chief of police for consumption of alcoholic beverages in the parks or facilities.

(Ord. 235 § 2(part), 1983: prior code § 10-107)

A permit shall be approved by the parks and recreation commission for the following activities:

A.

Parks.

When in the opinion of the public works superintendent, a permit would deny access to the public to a portion of a park or a park over an extended period exceeding two consecutive days;

There is a group festival or barbecue, dances, or any other group sponsored activity in the park;

The group activity is a private function and a fee is charged to participate;

Notwithstanding any other provisions of this section no permit shall be granted to any person to expose or offer for sale any food, article or thing in any park on more than two days in all in any calendar month;

A park may be declared closed to the public at any time and for any interval of time, either temporary or at regular and stated intervals and limit the same either entirely or merely to certain uses as the commission shall find necessary.

B.

Facilities and Buildings. A permit shall be approved by the parks and recreation commission for the use of facilities for the following:

When in the opinion of the public works superintendent an activity is scheduled to run concurrently for more than two days;

A facility is scheduled to be used for any sporting activity or general assembly on an ongoing basis at a set day and time;

A facility is used to provide instruction or other activity where a fee is charged and the activity is scheduled continuously or intermittently on a set day and time.

(Ord. 235 § 2(part), 1983: prior code § 10-108)

If any application for permit is denied by the public works superintendent, the public works superintendent shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the parks and recreation commission by filing a written notice thereof with the city clerk within five days of notice of such action. The decision of the parks and recreation commission shall be final. The parks and recreation commission shall consider the application under the standards set forth in this chapter and sustain or overrule the decision of the public works superintendent within fifteen days after the appeal.

(Ord. 235 § 2(part), 1983: prior code § 10-109)

An application for permit use referred to in Section 12.12.080 shall be reviewed by the public works superintendent and the chief of police and recommendation shall be submitted to the parks and recreation commission consistent with the findings in Section 12.12.060 in writing within fifteen days of filing and a copy to the applicant within four days prior to the parks and recreation commission's consideration.

(Ord. 235 § 2(part), 1983: prior code § 10-110)

The commission shall make such investigation as it may determine necessary for the purposes of making its decision and shall take action to recommend to the city council that the city approve, conditionally approve or disapprove the application. The commission shall make a written report to the applicant and to the city council within ten days.

(Ord. 235 § 2(part), 1983: prior code § 10-111)

If the parks and recreation commission disapproves the application for use permit, it shall mail to the applicant within five days after the date a notice of its action stating the reasons for denial of the application. Any person aggrieved shall have the right to appeal the denial of an application to the council by filing a written notice thereof with the city clerk within five days of the notice of such action. The decision of the council after a hearing on such appeal shall be final.

(Ord. 235 § 2(part), 1983: prior code § 10-112)

The city council, at its next regular meeting following the receipt of the parks and recreation commission's recommendation, shall approve, conditionally approve or disapprove the application. The applicant shall be notified of the council's action not later than ten days following such action.

(Ord. 235 § 2(part), 1983: prior code § 10-113)

If the applicant fails to comply with the conditions set by the city council, the permit shall be revoked.

(Ord. 235 § 2(part), 1983: prior code § 10-114)

Designation of area use shall be established from time to time by the parks and recreation commission. The public works superintendent may, upon proper application for permit, waive any restriction contained in this chapter for no longer than a twenty-four-hour period. Requests for a longer extension of time and/or different use of any area than so designated shall be subject to the approval of the parks and recreation commission.

(Ord. 235 § 2(part), 1983: prior code § 10-115)

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 and 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. 235 § 2(part), 1983: prior code § 10-116)

The chief law enforcement official of this chapter shall be the chief of police.

(Ord. 235 § 2(part), 1983: prior code § 10-117)