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HomeMy WebLinkAbout9D - Boaat Slip Rentals 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: April 18, 2005 AGENDA #: 9D PREPARED BY: Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 703 OF THE PRIOR LAKE CITY CODE RELATING TO PARK REGULATIONS FOR CITY OWNED BOAT SLIP RENTAL DISCUSSION: Historv: The City adopted Section 702 of the Prior Lake City Code relating to City parks in 1997. The ordinance was amended in 1999. Since 1999, a considerable number of changes have taken place in operation and administration of City parks. We have just added City-owned boat slips to Lakefront Park. Ordinance modifications should be made to allow for the effective enforcement of our boat slip reservation guidelines. CURRENT Attached for Council information are two documents entitled: CIRCUMSTANCES: . Lakefront Park Boat Slip Rental Procedures. . Reservation Request for Lakefront Park Boat Slips. Together, they represent the policies the staff would use to regulate the City- owned boat slips at Lakefront Park. Since these are only policies, they do not have the enforcement authority of law. Consequently, the staff has reviewed the exi$ting Section 702 of the City Code to determine whether changes which should be made to bring this chapter up-to-date and to allow for the enforcement of the boat slip rental policies and procedures. Conclusion: The City Council should determine whether the or~inance amendments proposed are appropriate and, if so, adopt them t~is evening. I I I ISSUES: A variety of changes are proposed to Section 702~Of the City Code. Some are housekeeping, while others are substantive and si nificant. The more significant changes are shown below: I . References to Park and Recreation Director hte been eliminated. No such position exists in the City and virtually all rdinances refer to City Manager or designee as provided by State Sta ute. . All references to the park developed on the fo;er Busse property have been eliminated and the park name, Thomas yan, Jr. Memorial Park, have been substituted. I . Violation of the ordinance is punishable by a fine of up to $1,000. . Section 702.500 has been amended to include provisions relative to the skate park. . Section 702.600 has been amended considerably to address usage and rental of City-owned boat slips. www.cityofpriorlake.com 1:\COUNCIL\AGNRPTS\2005\041805 BOapflI8n~e~~~~7 .4230 / Fax 952.447.4245 , , 11 ._. FINANCIAL IMPACT: ALTERNATIVES: 1. Adopt the ordinance amendment as proposed or with additional changes. 2. Take no action and direct the staff to prepare additional information. RECOMMENDED Alternative 1. Following adoption of the ordinance, it will be publicized in the MOTION: next Prior Lake American, signs will be erected at the City-owned boat slips and rental reservations can be accepted. F~ Frank B6Yles-Y-- City Manager 1:\COUNCIL\AGNRPTS\2005\041805 Boat Slip Rental.DOC BOAT SLIP RENTAL PROCEDURES SLIP ASSIGNMENTS Slip #1 Reserved exclusively for DNRlLaw Enforcement use. Slips #2 - #9 Available on a "first come, first served" basis. Slips may not be held when unoccupied. Vacated slips are considered surrendered to the next user. Slips #10-#18 Advanced reservations required. (Reservations accepted no more than 3 weeks in advance, and not for more than 3 consecutive days) Weekend (Fri, Sat, Sun.) reservations not accepted after 3pm the preceding Thursday. No on-site reservations permitted. Slips not reserved in advance are made available daily under the same terms and conditions as Slips #2-#9. GENERAL RULES Hours of Operation: All slips are available from 5am to 10pm daily. NO OVERNIGHT MOORING PERMITTED. VIOLATORS WILL TAGGED. No fishing, water skiing, inner tube usage, diving or swimming from docks. No beaching watercraft between the docks and the swimming beach. NO BOAT LAUNCH OR VEHICLE WITH TRAILER PARKING IS AVAILABLE AT LAKE FRONT PARK. RESERVATION PROCEDURES To reserve slips, call Prior Lake City Hall at 952.447.4230. Reservations for Slips #10-#18 are accepted not more than 3 weeks in advance. Reservations can not be made for more than 3 consecutive days. May not reserve more than 2 slips per day. No more than 3 reservations (1 to 3 days per reservation) per person per boating season (May through September). No reservations held without completed reservation form and rental fee. Renter must present and post reservation confirmation at the slip on the day of your reservation. Fee: Residents within corporate city limits $35/ slip / day Persons outside corporate city limits $50 / slip / day REFUNDS: Refunds will be issued for cancellations made seven (7) or more days in advance of the reservation. No refunds will be aiven if cancelled less than seven (7) days in advance or due to inclement weather. Weather cancellations may be rescheduled based on availability at no additional charge, but no guarantees. VIOLA liONS Any violations of City Code Section 702.600 dealing with the usage and rental of City-owned boat slips, or the City Boat Slip Rental Procedures, is considered a violation of City Code and is subject to a fine of up to $1000. ,_-,,'---._,_.c~_..,..........~.~_,"....~.~ ~_ -,-~~_~~..., .. RESERVATION REQUEST - LAKEFRONT PARK BOAT SLIPS APPLICANT: Phone: ADDRESS: CITY: ZIP: DATE(S) OF RESERVATION: Reservations will not be accepted more than 3 weeks in advance. Slips cannot be reserved for more than 3 consecutive days. No more than 2 slips can be reserved at one time. Not more than 3 reservations per person per boating season (May through Sept.). NO OVERNIGHT MOORING PERMITTED. NO. OF SLIPS REQUESTED: WATERCRAFT REG. #: MN - FEES: Persons within the corporate city limits of Prior Lake $35.00 per slip / day Person outside the corporate city limits of Prior Lake $50.00 per slip / day Fees must be paid in cash or by check payable to the City of Prior Lake at the time of the reservation request to hold the date. No credit cards accepted. Reservation Date No. of Slips Fee Total To Be Completed 1 or 2 $35.00 or $50.00 by City staff 1 or 2 $35.00 or $50.00 1 or 2 $35.00 or $50.00 Total Fee Due Upon Reservation REFUNDS: Refunds will be issued for cancellations made seven (7) or more days in advance of the reservation. No refunds will be oiven if cancelled less than seven (7) days in advance or due to inclement weather. Weather cancellations may be rescheduled based on availability at no additional charge. GENERAL RULES: Hours of Operation: All slips are available from Sam to 10pm daily. NO OVERNIGHT MOORING PERMITTED. VIOLATORS WILL TAGGED ANDTHE CITY WILL SEEK THE HIGHEST PENALTY ALLOWED BY LAW. (2005 = $1000) . No fishing, water skiing, inner tube usage, diving or swimming from docks. . No beaching watercraft between the docks and the swimming beach. . NO BOAT LAUNCH OR VEHICLE WITH TRAILER PARKING IS AVAILABLE AT LAKEFRONT PARK. SLIP DESIGNATION: Slip #1 Reserved exclusively for DNRlLaw Enforcement use. Slips #2 - #9 Available on a "first come, first served" basis. Slips may not be held when unoccupied. Vacated slips are considered surrendered to the next user. Slips #10-#18 Advanced reservations required. Weekend (Fri, Sat, Sun.) reservations not accepted after 3pm the preceding Thursday. No on-site reservations permitted. Slips not reserved in advance are made available daily under the same terms and conditions as Slips #2-#9. CONFIRMATION: You will receive a written reservation confirmation from the City identifying your slip assignment. This confirmation must be posted at the slip on the day of your reservation. Failure to present a written reservation confirmation may void your reservation. If you do not receive a confirmation at least 24-hours in advance of your reservation, please contact City Hall at 952.447.4230. RETURN FORMS TO: Boat Slip Reservations, Prior Lake City Hall, 16200 Eagle Creek Ave. SE, Prior Lake, 55372. APPLICANT SIGNATURE: DATE: By signing above, applicant agrees to the above terms and conditions, and agrees that failure to comply with all of the terms and conditions will preclude any future boat slip usage. Any violations of City Boat Slip Reservation Procedures, or City Code Section 702.600 dealing with the usage and rental of City-owned boat slips, will be considered a violation of Prior Lake City Code and subject to a fine of up to $1000. 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 105- XX Motion: Second: AN ORDINANCE AMENDING SECTION 702 OF THE PRIOR LAKE CITY CODE REGULATING PARKS The City Council of the City of Prior Lake does hereby ordain that: 1. Section 702 of the Prior Lake City Code is hereby amended in its entirety as follows: 702.100: PURPOSE: The residents of Prior Lake value recreation and open space and have provided for park facilities throughout the City. City parks and park facilities are intended for the use and enjoyment of all residents and park visitors. To assure all residents and park visitors are able to enjoy the City parks and facilities, it is necessary to regulate activities and conduct within the park facilities. This Section regulates the use of City park facilities to promote, protect and provide for the health, welfare, safety and comfort of residents and park visitors within the City. The regulations in this Section are also intended to protect the environment and the natural resources entrusted to our care. 702.200: AUTHORITY: The City Manager shall administer the parks and recreation policies of the City. The City Manager may delegate or assign any or all of the duties and responsibilities of this Section to the D!m"..ter cf Parks and Recreat!cn ar other City personnel. The actions of the D!rectcr of Parks and Recreat!cn other City personnel shall have the same force and effect as if taken by the City Manager. The City Manager shall have the right to issue administrative rules and regulations governing the operation of City parks. The City Manager may declare any park facility or portion thereof closed to the public at any time and for any interval of time or for certain uses, as the City Manager shall find reasonably necessary to preserve the health, welfare and safety of a park visitor or the park facility. The City Council shall annually establish fees for the various permits required by this Section. i:\councilXagnrptsX2005\041895 revise code 702.doc www. citajofpriorlake, com PAGE 1 Phone 952.447.4230 / Fax 952.447.4245 702.300: DEFINITIONS: For the purpose of this Section, the terms defined in this subsection shall have the meanings given them in this Section. Any undefined term used in this Section shall have its usual and customary meaning: Domestic Animal: A dog or cat. Drugs: Any substance defined as a controlled substance by Chapter 152, Minnesota Statutes or other statutes of Federal laws or regulations. Intoxicating Liquor. Any liquor which is intoxicating pursuant to State law and includes ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing in excess of three and two-tenths percent (3.2%) alcohol by weight. Motorized Recreational Vehicle: Any self-propelled, off-the-road or all conveyance vehicle, including but not limited to, a snowmobile, minibike, amphibious vehicle, motorcycle, go-cart, trail bike, dune buggy or four- wheel drive. Nonintoxicating Liquor: Malt A beverage containing not more than three and two-tenths percent (3.2%) alcohol by weight. Nude: Means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a full covering or any portion thereof below the top of the nipple. Park: Means a park, playground, swimming pool, lake, pond, stream, trail, nature area, open space area or recreation center under the control of the City. Park shall also mean any other property owned, leased, used or controlled, wholly or in part, by the City for park or recreational use. Park shall include roadways and parking areas within the parks. Park Visitor. Any person, firm, partnership, association, corporation, governmental unit, company or organization of any kind within a park. Vehicle: Any motorized, propelled, animal-drawn or human-powered machine used to convey people, animals or property. Watercraft. Boat, canoe, raft or any other object or apparatus used to carry people, animals or property on water. Weapon: Any device from which shot or projectiles of any type can be discharged by means of an explosive, gas, compressed air or otherwise i:\councilXagnrptsX2005\041895 revise code 702.doc PAGE 2 propelled, including but not limited to firearms, bows and arrows, slings and spring guns. Wildlife: All living creatures, not human, wild by nature, endowed by sensation and power or voluntary motion, including quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. 702.400: PARK HOURS: With the exception of Memorial Park, Ponds Park and Thomas Ryan , Jr. Memorial Park th~ par~ ~'";-"-....,.,= d~v~!~p~d '"'-..,. *~'".,,.. ..... ,-*,, ~,- .... 'y ...... ~ ~,, *~'- ... ..... all parks will close at 10:00 p.m. each day and shall remain closed until 5:00 a.m. on the following day. Memorial Park and Ponds Park will close at 11:00 p.m. and shall remain closed until 5:00 a.m. on the following day. ,,,,~ I.,,.~,,, ,,~v,,,~:~ ..,.v,v,vf.,v,., ,.-,, ,.,,v f.,,Vl~V,.-J ,v, , , ,v, ,j, v,,,,v,.~ ,.,j Basses Thomas Ryan, Jr. Memorial Park will close at 10:00 p.m. and shall remain closed until 8:00 a.m. on the following day. 702.401 Activities Permitted After Closing. The following activities may continue in parks before or after the parks normal closing hours: City-sponsored and supervised activities which, because of the nature of the activity, cannot be held during the time when the parks are open. Activities conducted pursuant to a Parks and Recreation Department permit issued under subsection 702.1000. From November 15th to March 15th, during the hours of 10:00 p.m. and 5:00 a.m., individuals may drive on designated and posted roadways within a park facility for the sole purpose of gaining access to a lake for snowmobiling or ice fishing. City employees, equipment or agents conducting maintenance, construction or repair work on the property or buildings. (amd. Ord. 99-09- pub. 8/7/99) 702.500: (1) (2) (3) GENERAL CONDUCT WITHIN CITY PARKS' It shall be unlawful for any person in a park to: Use threatening, abusive, insulting, obscene or indecent language or to act in an indecent, lascivious or improper manner, commit any nuisance, appear nude or semi-nude, or to do any act which constitutes a breach of the public peace. Disturb, harass or interfere with any park visitor or park visitor's property. Deposit, scatter, drop or abandon any bottle, can, broken glass, cigarette butts, sewage, waste or other material, except in receptacles provided for such purpose. (4) Enter a park with glass beverage bottles or glass beverage containers. i:\council~agnrpts~2005\041895 revise code 702.doc PAGE 3 (5) (6) (7) (8) (9) (10) (11) (12) Gamble or participate in any game of change unless it is part of an organized P=rkc =,",d R~cr~t!c,-, D~p~,-t.m~,-,t ~';e,-,t City-sponsored event. Drop, throw or otherwise leave unattended lighted matches, burning cigars, cigarettes, tobacco, paper or other combustible materials. Sell, solicit or carry on any business or commercial enterprise or service in a park without first obtaining a permit from the Depa,"t. mo,-,t of Parks and Rer, r~a~ie~ City. Use any loudspeaker or other amplifying system or device without a permit from the Department of Parks and Recreation. Play the game of golf, engage in putting, practice swinging, or the striking of any golf balls or other objects in any park, except for frisbee ,qolf in designated areas. Remove any animal, living or dead from a park. Any animal removed from a park or taken contrary to the provisions of this Section or State Statutes shall be considered contraband and subject to seizure and confiscation. Skateboard or rollerblade on other than desiqnated trails and equipment. Use of the skate park contrary to the rules and policies promul,qated and posted from time to time by the City. 702.600: (1) (2) (3) (4) RESTRICTED ACTIVITIES. Campin.q. It shall be unlawful for any park visitor to camp in a park except with written permission of the Director cf Park= and Rocreat!c,-, City. Horseback Riding. It shall be unlawful to ride a horse or other animal within any park unless in possession of a permit issued by the Direc=ter-ef Park= and Rocroat!o,-, City, or as part of an organized community event. Swimmin,q. It shall be unlawful for any park visitor to wade or swim within a park except at beaches designated for that purpose, and then only during such hours as may be designated by the D!roctcr cf Park= and Recroat!o,-, City, take bottles or glass of any kind, except eyeglasses, into a designated beach area, and/or use air mattresses, inner tubes or other inflatable devices. (amd. Ord. 99-09- pub. 8/7/99) Aircraft, Hot Air Balloons and Parachutes. No park visitor shall use any land or body of water within a park for a starting or landing field for aircraft, hot air balloons or parachutes, without first obtaining a permit from the D!roctor of Park= and Rocreat!o.-, City. (5) Boatin_cl. It shall be unlawful for any park visitor to: i:\councilXagnrptsX2005\041895 revise code 702.doc PAGE 4 Launch or land any boat, yacht, canoe, raft or other watercraft upon any water, lagoon, lake, pond or wetland within a park except at locations and times designated for that purpose unless sponsored by the City. Operate any watercraft in a designated swimming area or other prohibited area. Operate any watercraft in a park in violation of Minnesota Statutes, Chapter 361 "Waters and Watercraft Safety." Moor a boat in a City slip or on park shoreline before or after the hours the park is open. Moor a boat at any time in a slip reserved exclusively for lake enforcement personnel. Moor a boat without first obtaininq a permit therefore from the City if a desiqnated rental slip. Fish, waterski, innertube, swim or dive from, or within 50 feet of, a City-owned dock. Beach a boat at Lakefront Park between the dock and swimminq area at any time. Obstruct or interfere with another who is using the City-owned dock in accordance with this ordinance and City policies. Obstruct or fail to follow the direction of a City employee or aqent in the administration of City-owned boat slips in accordance with this section and City policies. (6) Fishinq. It shall be unlawful for any park visitor to: Fish in a park in violation of any provision of Minnesota Statutes, Chapter 101~ except as part of Department of Natural Resources sponsored fishing in the neiqhborhood (FIN) event or program. Fish in a designated swimming area. Leave any structure or shelter designed for ice fishing in any park for more than forty-eight (48) hours. (7) Bicvclinq. It shall be unlawful for any park visitor to operate a bicycle except on park designated trails, bikeways and roadways, and except as close to the right-hand side thereof as conditions will permit. (8) Meetin.qs, Speeches, Demonstrations and Parades. It shall be unlawful for any park visitor to conduct public meetings, assemblies, entertainment, parades or demonstrations within a park without first obtaining a written permit from the Dirccter cf P=rks =nd Recre=t!cn City, and then only in the area designated in the permit. 702.700' DOGS AND CATS: It shall be unlawful for any park visitor to bring a dog or cat into a park, with the exception of seeing-eye dogs and police dogs, unless: (1) The dog or cat is properly licensed. i:\councilXagnrptsX2005\041895 revise code 702.doc PAGE 5 (2) (3) (4) (5) (6) 702.800: (1) (2) (3) (4) (5) (6) The dog or cat shall be restrained at all times. The pet owner is liable for any action taken or damage caused by the dog or cat. All dogs or cats shall be restrained at all times on adequate leashes not longer than six (6) feet. Park visitors who bring dogs or cats into a park must have in their possession tools or equipment suitable for the removal of animal fecal material and shall promptly and effectively remove from the ground or surface of any park and any park facilities all fecal material deposited by a dog or cat under their control and care. Park visitors removing animal wastes from park surfaces shall dispose of its in a sanitary manner, which may include depositing it in any designated waste receptacle located in the public park. Park visitors bringing a dog or cat into a park shall not permit the animal to disturb, harass or interfere with any park visitor or any park visitor's property, or wildlife. No dog or cat shall be permitted on beach area, nature center area, park building, skating rink, or any athletic fields located in: Memorial Park, Ponds Park, Lakefront Park, Thomas Ryan, Jr. Memorial Park or any other Athletic Complex in the City. VEHICLES. City Code provisions and State law provisions relating to the operation of vehicles upon streets and highways shall apply within all parks and upon all park property. In addition, Minnesota Statues, Section 169 is hereby specifically adopted by reference except those provisions which by their nature have no application. It shall be unlawful for any park visitor to: Operate any vehicle within a park except upon designated roadways and parking areas. Operate a vehicle in a park at a speed in excess of posted speed limits. Park or leave a vehicle standing within a park except at a designated parking area during regular park hours. Operate a vehicle which emits excessive or unusual noise, noxious fumes, dense smoke or other polluting matter. Operate a vehicle in a reckless or careless manner in a park. Wash, polish, grease, change oil or repair any vehicle in a park. Motorized Recreation Vehicles. It shall be unlawful for any park visitor to operate a motorized recreation vehicle within a park except on designated roadways and parking areas, or to operate a snowmobile within a park other than on designated trails within the park for snowmobile traffic. i:\council~agnrptsX2005\041895 revise code 702.doc PAGE 6 702.900: SPECIAL USE. No park visitor or group shall have special use of all or any portion of a park unless they have first reserved the property with the D!rectcr of Parks and Recreat!o.-. City and procured a permit fmm-t, he Director cf Parks and Recmat!cn. Unless a special use permit is procured and a reservation is made, use of park property will be on a first come - first serve basis. 702.1000: 702.1001 702.1002 702.1003 (1) (2) (3) (4) PARK OPERATION AND PERMITS. Liability. The City shall not be liable for any loss, damage or injury sustained by a park visitor. ,Any person using a park shall do so at their own risk. Permits Required. A permit shall be obtained from the City before participating in any of the following activities in a City park: Carnivals, Community Celebrations, public meetings, assemblies, entertainments, parades or demonstrations regardless of the number. Gathering of 25 or more park visitors, including picnics or political gatherings. Contests and Exhibitions, including among other things those requesting exclusive use or charging admission, regardless of the number. Bringing kegs or barrels of intoxicating liquors or nonintoxicating malt liquors or wine into a park. Bringing intoxicating liquor other than beer into a park. To be in or use a park during closed hours. (amd. Ord. 99-09-pub. 8/7/99). Application for Permit. The Dimctcr cf Parks and Recmat!cn cr the City Manager or desiqnee shall issue a permit upon finding that: The proposed activity or use of the park will not unreasonably interfere with or distract from the enjoyment of the park by other park visitors, or disturb residentially zoned properties and park visitors in proximity to the park. That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, comfort and recreation; provided that this does give right to exclusive use of park facilities. That the proposed activity or use is not reasonably anticipated to entice violence, crime or disorderly conduct. That the proposed activity will not entail unusual, extraordinary burden or expense for the City. i:\councilXagnrptsX2005\041895 revise code 702.doc PAGE 7 (5) 702.1004 702.1 OO5 That the facilities desired have not been reserved for some other use at the day and hour required in the application. Denial of Permit. Within fie (5) days after the receipt of a completed application, the D!rector cf Parks and Recreation City Mana.qer or desiqnee shall apprise an applicant in writing for the reasons for refusing to issue a permit, and any aggrieved park visitor shall have the right to appeal in writing within five (5) days of mailed notice to the City Manager which then shall consider the application under the standards set forth in subsection 702.1003 above, and sustain or overrule the decision within fourteen (14) days. The decision of the City Manager shall be final. Conditions of Permit. A permittee shall be bound by all parks rules and regulations and all applicable ordinances as if the same were fully inserted in the permit. The City may impose any reasonable conditions on a permit that in its discretion will protect the health, welfare, safety, comfort and recreation in the park. The park visitor to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any park visitor wherever by reason of the negligence of the park visitor(s) to whom the permit was issued. Within 24 hours after the expiration of the permit, a permittee shall remove from the park all trash, in the nature of boxes, papers, cans, garbage and other refuse, and all installations and equipment, and restore the premises to their condition prior to the permittee's use of the park. The City shall have the authority to revoke a permit upon finding a violation of any rule or ordinance, condition imposed on the permit, or upon good cause. A permit under this Section may not be transferred to any party other than the applicant. 702.1100' 702.1101 702.1102 702.1103 PROTECTION OF PROPERTY, STRUCTURES AND NATURAL RESOURCES. Damaqin_~ or Removing Property Prohibited. No park visitor shall willfully deface, vandalize or otherwise cause the destruction of park property. Flowers~ Trees and Shrubs. No park visitor shall willfully and without authority cut, pluck or otherwise remove or injure any flowers, shrubs, trees or other plant material growing in or around any park. No park visitor shall introduce any form of vegetation within a park without the permission of the Director cf Parks and Recmatic,-, City. Birds or Animals. No park visitor shall willfully or without authority kill, trap, hunt, pursue or in any manner disturb or interfere with any species of wildlife in any park. No park visitor shall release any insect, fish or animal in any park or public land without permission from the Dimctcr cf Parks and Reereat4eR City. i:\councilXagnrptsX2005\041895 revise code 702.doc PAGE 8 702.1104 Fires. No park visitor shall ignite a fire in any park, except in places provided by the City with receptacles manufactured for such purposes. The igniting of fires may be further limited or prohibited by park rules. No park visitor igniting or attending a fire shall leave the area before the fire has been completely extinguished. 702.1105 Excavations. No park visitor shall dig trenches or make other excavations within a park. 702.1200 USE OF ALCOHOL WITHIN A PARK FACILITY: Intoxicating liquors and nonintoxicating malt liquor may only be consumed and displayed in a park, subject to the following provisions: Intoxicatin.q Liquors. No park visitor shall have in their possession or bring into a park any intoxicating liquor, except beer in cans, without first having obtained a permit from the D!mctcr cf Parks and R=cmation City. (2) Roadways and Parkinq Lots. No park visitor shall display or consume intoxicating liquors or nonintoxicating malt liquor on or within thirty (30) feet of any roadway or parking lot within a park. (3) Prohibited Areas. No park visitor shall possess, display or consume intoxicating liquors or nonintoxicating malt liquor within areas the City has designated that such possession, display or consumption is prohibited. (4) Quantities. No park visitor shall bring into a park intoxicating liquors or non-intoxicating malt liquor in kegs or barrels, except as provided in this Subsection. Groups, associations or organizations desiring to bring intoxicating or non-intoxicating malt liquor into parks in kegs or barrels may do so only after obtaining a permit for such use from the D!rectcr cf Parks and Recmat!cn City. The City shall grant the permit if in the judgment of the D!mctcr cf Parks and Rgcmat!cn City Manager the use for which the permit is sought will not interfere with the health, welfare, safety and use of the park by the general public or the quiet use and enjoyment of any residentially zoned property in proximity to the park. The City shall establish minimum criteria an applicant must meet in order to obtain a permit. The City may impose restrictions and conditions on the use for which the permit is issued. The use for which the permit is granted shall only be conducted within the area designated in the permit. (5) Minnesota Statutes, Chapter 340A is hereby specifically adopted by reference except those provision which by their nature have no application. (6) Thomas Ryan, Jr. Memorial Park shall be alcohol-free including intoxicating and non-intoxicating liquors in any form or container. (amd. Ord. 99-09 - pub. 8/7/99) i:\council~agnrpts~2005\041895 revise code 702.doc PAGE 9 702.1300 RESTITUTION, ENFORCEMENT AND PENALTIES: In addition to any other penalties provided by this Section, any park visitor violating the provisions of Section shall make restitution to the City for the full value of the damage caused, including, but not limited to, the cost of repairs, replacement and any fees the City may have incurred, including legal, in enforcing the provisions of this Section. A park visitor guilty of violating any provision of this Section shall be guilty of a misdemeanor, which is punishable by a fine of not more than seve~ i-~, ~n~l r~l ~l~ll~r~ /~7~t~ ................ , ....... , one thousand dollars ($1,000.00), or by imprisonment for a period not to exceed ninety (90) days, or both. The Chief of Police shall have the principle responsibility of enforcing the provisions of this Section. In addition, designated Prior Lake employees may, in connection with their duties imposed by law, diligently enforce the provisions of this Section and eject from parks, park visitors acting in violation of this Section. The Director of Parks and Recreation City Manager shall have the authority to revoke for good cause any permit or reservation issued by the Direoto~ of Parks and Recreation City. Nothing in this Section shall prevent employees or agents of the Prior Lake,.....,'"'-'-t--',... from performing their assigned duties. No person shall impersonate any employee of the City parks nor interfere with, harass nor hinder any employee in the discharge of his duties. Nothing in this Section is intended to waive the application of State law within parks. The City Attorney is responsible for the prosecution of violations of this subsection. (amd. Ord. 99-09 - pub. 8/7/99). . This ordinance may be published in summary and shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 2nd day of May, 2005. ATTEST: City Manager Mayor i:\councilXagnrptsX2005\041895 revise code 702.doc PAGE 10