Chapter 8.01 — PARK OPERATIONS

The purpose of this title is to promote the safety, comfort and convenience of the public's use and enjoyment of all city parks and recreational areas.

(Ord. 98-04 §1(part), 1998).

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Alcoholic beverages" means alcohol, spirits, liquor, beer, wine or other liquid which contains one-half of one percent or more of alcohol by volume.

"Amplified sound" means music, speech or sound projected and transmitted by electronic equipment including amplifiers.

"Director" means the city manager or his/her designated representative.

"Park" means any public area owned or controlled by the city, and used for recreational purposes.

"Recreational area" means a playground, swimming pool, recreation center or any other area in the city, owned or operated by the city for active or passive recreation.

"Vehicle" means any wheeled conveyance, whether motor powered, drawn or self-propelled, of any size, kind or description, but not including baby carriages and vehicles in service to the city.

(Ord. 98-04 §1(part), 1998).

Except for special events approved under Chapter 8.02, all parks and recreational areas shall be open to the public every day of the year during the designated hours of 7:00 a.m. and 10:00 p.m. No person shall be in a park other than those hours without the prior written approval from the director.

(Ord. 98-04 §1(part), 1998).

A.

In any emergency or when the director shall determine that the public interest, health or safety demands, any park or recreational area or portion thereof may be closed to the public at any time and for any interval of time, either temporarily or at regular and stated intervals, daily or otherwise.

B.

No person shall enter an area posted as "closed to the public," nor shall any person use or abet the use of any area in violation of posted notices.

(Ord. 98-04 §1(part), 1998).

Articles reported as lost in any park or recreational area shall be reported to the director, who shall make reasonable efforts to return the article to the rightful owner.

(Ord. 98-04 §1(part), 1998).

No person in a park or recreational area shall:

A.

Throw stones or other missiles;

B.

Take into, have brought into or have in his/her possession, or exhibit, set off or otherwise cause to explode, discharge or burn, any fireworks or explosives, or discharge them or throw them into any such areas from land or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound, is capable of exploding;

C.

Carry or discharge any pellet gun, BB gun, handgun, rifle or other firearm;

D.

Play or bet at or against any game which is played, conducted, dealt or carried on for money, chips, shell, credit or any other representative of monetary value;

E.

Engage in any disorderly conduct or behavior in breach of the public peace;

F.

Practice, carry on, conduct or solicit for any trade, occupation or profession, without the written permission of the director;

G.

Climb upon any wall, fence, shelter, seat, statue, monument, tree, structure, fixture, building, construction or erection not designated for such use;

H.

Use restrooms and washrooms designated for the opposite sex, provided that this shall not apply to children accompanied by their father, mother, guardian or custodian;

I.

Kindle a fire, except in facilities specifically provided for that purpose, nor leave a picnic or other area before a fire is completely extinguished;

J.

Bring, land or cause to descend or alight from any helicopter, airplane, airship, flying machine, dirigible balloon, parachute or other instrument, machine or apparatus for aviation;

K.

Erect, construct, install or post any structure, wire, pipe or sign of any kind whatsoever without prior written permission of the director;

L.

Erect or utilize any sound amplification system (other than a personal radio, tape or disc player) without the prior written approval of the director;

M.

Claim exclusive use of, prevent the use by others of, or reserve for use, any park area without the prior written approval of the director;

N.

Violate the principle that use of individual fireplaces, tables and benches follows the rule of "first come, first served," with the exception that such units may be reserved by a permit issued by the director;

O.

Take part in or abet the playing of games involving batted, thrown or otherwise propelled objects, such as golf balls, baseballs, stones, arrows, javelins or model airplanes, except in areas set apart for such forms of recreation. The use of golf clubs, bats or other similar objects, and the playing of games such as football, soccer or baseball is prohibited, except on those fields or area expressly provided therefor; or

P.

Bring into any park or recreation area any food or beverage container made of glass, or cause any object made of glass to be broken in any such area.

(Ord. 98-04 §1(part), 1998).

No person in a park or recreational area shall:

A.

Cut, break, injure, dig up, pull out, pluck or in any manner, injure any tree, bush, shrub, flower or plant;

B.

Remove or take away any tree, wood, bush, turf, flower, plant, grass, soil or rock, or anything of like kind;

C.

Destroy, mutilate, deface, cut, scratch, mark upon, burn, write upon, print upon, paint upon, otherwise mar, mutilate, deface or injure any building or structure, restroom, toilet or any wall, fence, door, post, fixture, monument, bench, table or other equipment; or ill-use or injure in any way any building, lighting unit, restroom mechanical equipment, playground apparatus, meter or regulating or controlling device;

D.

Make any excavation by tool, equipment, blasting or other means or agency; or

E.

Drop, throw or otherwise scatter lighted matches or any flammable materials on any ground, building, structure, fence, post, restroom, table, bench, tree, plant, bush, flower, monument, wall, door, fixture, fountain or any part thereof.

(Ord. 98-04 §1(part), 1998).

No person shall:

A.

Leave, drive, entice, conduct, ride or otherwise bring any horse, mule, ass, cattle, goat, sheep, swine or other animals or fowl of any kind in any park or recreation area without prior written permission from the director;

B.

Permit, allow or suffer any domestic dog to enter upon or remain in any park or recreation area, unless such dog is fastened to and restrained by a chain or leash not more than eight feet long;

C.

Allow a dog in his/her custody to defecate or urinate in any park or recreational area. Unsighted persons, while relying on a guide dog, shall be exempt from this section. If a violation occurs, the person responsible for the animal shall immediately remove all feces to a proper receptacle;

D.

Hunt, chase, shoot, trap, discharge or throw missiles at, molest, disturb, snare, catch, injure or destroy any animal, bird or fish in any park or recreational area;

E.

Feed or offer food to any fish, bird or animal in any park or recreational area; or

F.

Give or offer any tobacco, alcoholic beverage or other substance to any fish, bird or animal in any park or recreational area.

(Ord. 98-04 §1(part), 1998).

No person in a park or recreational area shall:

A.

Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, swimming pool or other body of water, any dirt, filth, substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters; or

B.

Swim, bathe or wade in the waters of any fountain, pond, lake, stream or other body of water, except where wading and swimming shall be permitted in pools provided for those purposes.

(Ord. 98-04 §1(part), 1998).

No person in a park or recreational area shall:

A.

Fail to comply with all applicable provisions of the State Vehicle Code and city ordinances regulating traffic;

B.

Fail to obey all police officers and city employees who are directing traffic;

C.

Fail to observe carefully all traffic signs;

D.

Ride or drive a vehicle at a rate of speed exceeding ten miles an hour, except upon such roads as the director may designate, by posted signs, for faster travel;

E.

Operate a vehicle in an area other than paved park roads and parking areas, or park a vehicle in other than a designated permanent or temporary parking area without the prior written permission from the director;

F.

Ride a bicycle other than on the right hand side of a paved vehicular road or single file on a designated bicycle path. A bicyclist may wheel or push a bicycle by hand over any grassy area or on any paved area reserved for pedestrian use; or

G.

Park a bicycle in a place other than a bicycle rack when such is provided and there is space available, or at any time lean a bicycle against a tree or shrub, or leave it lying on a lawn or paved area or other location or position where other persons may trip over or otherwise be injured by it.

(Ord. 98-04 §1(part), 1998).

No person in a park or recreational area shall throw, cast, place, deposit or dump or cause to be thrown, placed, cast, deposited or dumped any ashes, refuse, garbage, paper, scraps, dirt, dead animal, dead fish, dead fowl, dead bird, dead reptile, glass, crockery, bones, cans or like matter, empty box, carton, wastepaper, remains of food, newspaper, filth or rubbish of any kind, except to place the same in the trash cans, bins or receptacles provided for such matter. Where receptacles are not provided or are insufficient to accommodate trash and refuse, all such trash and refuse shall be carried away from the park or recreational area by the person responsible for its presence, and properly disposed of elsewhere.

(Ord. 98-04 §1(part), 1998).

A.

No person shall bring into any park or recreational area, or possess or consume in any park or recreational area, any alcoholic beverage, except as authorized by special permit issued by the director.

B.

The sale, possession and/or consumption of beer or wine in any park or recreational area may be authorized by the director upon issuance of an alcoholic beverage consumption permit as provided in subsections C and D of this section.

C.

The application for an alcoholic beverage permit shall include the following:

The number of persons expected to attend the event;

Whether minors are expected to be in attendance at the event, and if so, the number of minors expected to be present;

That the applicant has obtained all proper permits from the Department of Alcoholic Beverage Control (ABC) of the state;

That applicant has obtained appropriate insurance for the event; and

That the applicant has obtained all necessary business licenses.

D.

The director shall consult with the chief of police prior to issuing the alcoholic beverage permit. The permit shall be issued unless the director determines that there are specific reasons for believing that consumption of alcoholic beverages, as applied for in the application, will result in breaches of the peace or other violent or unlawful conduct by persons anticipated to attend the event. The director may consider prior events by the same group as a basis upon which to deny the permit. The director shall, if requested by the chief of police, require the applicant to provide security guards for the event.

(Ord. 98-04 §1(part), 1998).

No person in a park or recreational area shall:

A.

Bring or cause to be brought into, for the purpose of sale or barter, or have for sale, or sell or exchange, or offer for sale or exchange, any goods, wares, or merchandize or other products without first having obtained a written permit from the director. The director shall issue permits for the sale of arts, crafts, food products, nonalcoholic beverages and event related products only in conjunction with special community events. Applicants shall obtain appropriate city business licenses;

B.

Announce, advertise or call the public attention in any way to any article or service for sale or hire other than in conjunction with permitted sales booths;

C.

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

D.

Distribute, circulate, give away, throw or deposit any handbills, circulars, pamphlets, tracts, dodgers, papers, advertisements or written or printed notices advertising any commodity, article, merchandise, business activity, person or thing; or post or offer or affix by paste, glue, tack, nail, tape or otherwise to any tree, fence, building, bench, structure, wall, apparatus, post, pole or other physical object any handbills, circulars, pamphlets, tracts, dodgers, papers, advertisements or written or printed notices advertising any commodity, article, merchandise, business, person, thing or activity; or

E.

Erect or cause to be erected any sign whatever without the prior written approval from the director.

(Ord. 98-04 §1(part), 1998).

A.

No person shall camp, lodge, sleep or tarry overnight in any park or recreational area without prior written permission from the director.

B.

No person shall set up tents, shacks, or any other temporary shelter for the purpose of camping in any park or recreational area without prior written permission from the director.

C.

No person shall leave in a park or recreational area any moveable structure or special vehicle to be used or that could be used for camping, such as a house trailer, camp trailer, motor home or the like, without prior written permission from the director.

(Ord. 98-04 §1(part), 1998).

The director shall have authority to promote the use of city parks and recreational areas by organizing, carrying on, conducting and maintaining regularly scheduled and planned athletic contests and games under rules and regulations to be adopted by the director, which, among others, shall include the following:

A.

Organized and sponsored athletic teams may be assigned exclusive use of parks and recreational areas for the carrying on and conducting of athletic contests and exhibitions, at which the public shall be admitted without charge, except that voluntary contributions may be collected. All of such money so received shall be immediately deposited in the general fund of the city.

B.

All athletic contests, games or events shall be carried on and conducted under the supervision and control of the director.

C.

Preference in the use of parks and recreational areas and the holding of athletic games and events shall be given to the residents of the city; provided, however, that the director may, if the director deems it to be in the best interest of the city, authorize contests between organized athletic teams from areas outside of the boundaries of the city and may also, if the director deems it advisable, permit organized teams resident outside of the city to compete in regularly scheduled contests with teams composed of members resident within the city.

D.

The director may, if it is deemed advisable, require each competing team or contestant to pay an entry fee either for a single contest or for a series of contests in league activity. All moneys collected by the director, either by way of entry fees or contributions, shall be paid into the general fund of the city. Competing teams shall not receive any traveling expenses or other direct payment from the city for their participation in any contest.

(Ord. 98-04 §1(part), 1998).

No parent, guardian or custodian of a minor shall permit or allow such minor to do any act or thing in any park or recreational area that is prohibited by the provisions of this chapter. The parent, guardian or custodian of a minor who violates any provision of this chapter shall be guilty of an infraction.

(Ord. 98-04 §1(part), 1998).

A.

Required. A permit is required for the exclusive use of a particular area within a city park or recreation area during a specified period of time, other than a "special event" as defined in Section 8.02.010J.

B.

Application. The person, organization or group seeking an exclusive use permit shall file an application with the director. The application shall state:

The name and address of the applicant;

The name and address of the person, persons, organizations or group sponsoring the activity or event;

The dates and hours for which the permit is requested;

The area for which the permit is requested;

The number of persons anticipated to attend the special event;

Whether beer or wine will be served. If beer or wine will be served, a permit under Section 8.01.120 shall be applied for;

Whether a system for amplifying sound will be used and the reasons for such system; and

Any other information reasonably necessary to a fair determination as to whether a permit should be issued.

C.

Standards for Issuance. The director shall issue an exclusive use permit when:

The requested area or areas is available during the period for which the permit is required;

The proposed activity will not unreasonably interfere with or detract from the general public's enjoyment of the park or recreational area;

The expected attendance does not exceed the capacity of the area or areas requested;

The times for use of a system for amplifying sound will not unreasonably interfere with or detract from the general public's enjoyment of the park or surrounding areas;

The proposed activity will not unreasonably interfere with or detract from the public health, welfare, safety and/or recreation;

The proposed activity will not entail unusual, extraordinary or burdensome inconvenience or expense to the city; and

The proposed activity is not reasonably anticipated to incite violence, crime or disorderly conduct.

D.

Effect of Permit. A permittee shall be bound by all city rules and regulations and shall comply with all applicable ordinances as though the same were expressly stated on the permit.

E.

Holding Exclusive Use Event Without Permit. No person without a permit issued pursuant to this section, shall use or attempt to use a place set aside for the exclusive use of persons holding a permit, and shall immediately vacate the place upon presentation of the permit issued to others.

F.

Fees. Fees for special or exclusive use events shall be set by city council resolution.

G.

Violations. Violation of conditions, park rules and regulations, or permit requirements may result in the immediate termination of the permit and disqualification for the issuance of any new exclusive use or special event permit for a period of two years from the date of violation.

(Ord. 98-04 §1(part), 1998).