HomeMy WebLinkAbout5G Parks Ordinance Update Report
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 4, 2018
AGENDA #: 5G
PREPARED BY:
PRESENTED BY:
SARAH SCHWARZHOFF, CITY ATTORNEY
ANGELA BARSTAD, RECREATION MANAGER
SARAH SCHWARZHOFF, CITY ATTORNEY
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE UPDATING THE REGULA-
TION OF CITY PARKS
DISCUSSION: City Code Section 702 regulates the use of City Parks including required per-
mits, prohibited actions, presence of animals and use of alcohol. City staff re-
quested a number of amendments to bring the section up to date with current
enforcement practices.
The updated Section sets hours for the parks and identifies what activities re-
quire permits. The updated Section includes a number of prohibitions, such as
no littering, no damaging park property, no fires, and no camping. The updated
Section regulates boating, swimming and fishing at City Parks as well as the
presence of domesticated animals and the use of alcohol.
ISSUES: City staff regulates City Parks to ensure the parks are protected and to ensure all
visitors are able to enjoy the parks. The police chief has reviewed these ordi-
nance provisions.
FINANCIAL
IMPACT:
None anticipated. This ordinance aligns City Park regulation and enforcement
with current practices.
ALTERNATIVES: 1. Motion and a second as part of the consent agenda to adopt an ordinance
relating to City Parks and a resolution approving the summary and publica-
tion of the ordinance.
2. Motion and a second to remove this item from the consent agenda for addi-
tional discussion.
RECOMMENDED
MOTION:
Alternative #1
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTION 702 OF THE PRIOR LAKE CITY CODE
RELATING TO CITY PARKS AND ADOPTING BY REFERENCE CITY CODE SECTION
104; WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Section 702 is deleted in its entirety and replaced with the following:
SECTION 702
CITY PARKS
SUBSECTIONS:
702.100: PURPOSE
702.200: AUTHORITY
702.300: DEFINITIONS
702.400: PARK HOURS
702.500: PARK PERMITS AND LICENSES
702.600: GENERAL PROHIBITIONS WITHIN CITY PARKS
702.700: DOMESTICATED ANIMALS
702.800: VEHICLES
702.900: ALCOHOL WITHIN PARKS
702.1000: SPECIAL USE
702.1100: LIABILITY
702.1200: RESTITUTION, ENFORCEMENT AND PENALTIES
702.100: PURPOSE: The residents of Prior Lake value recreation and open space and have
provided for parks throughout the City. City parks are intended for the use and
enjoyment of all residents and park visitors. To ensure all residents and park visitors
are able to enjoy the City parks, it is necessary to regulate activities and conduct
within the parks. This Section regulates the use of City parks 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 the City’s 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 other City personnel. The actions of the 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 and recreation. (amd. Ord. 105-09 – pub.
4/23/05)
Page 2 of 8
The City Manager may declare any park 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
determine appropriate.
702.300: DEFINITIONS: The following words and terms when used in this Section shall
have the following meanings unless the context clearly indicates otherwise:
Domesticated Animal: A dog or cat.
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 facilities, roadways and
parking areas within the parks.
Park Visitor: Any person within a park.
Service Animal. Any service animal as defined by the Minnesota Human Rights
Act or the Federal Americans with Disabilities Act, as either may be amended from
time to time.
Vehicle: Any motorized, propelled, animal-drawn or human-powered machine
used to convey people, animals or property, including but not limited to trucks, cars,
motorcycles, dune buggies, trailers, motor homes, recreational vehicles, and
snowmobiles; except not including electric personal assistive mobility devices.
Watercraft: Vessel, boat, jet ski, canoe, raft, barge, sailboard or any other object or
apparatus used to carry people, animals or property on water.
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.
(amd. Ord. 105-09, publ. 4/23/05)
702.400: PARK HOURS: With the exception of Memorial Park, Ponds Park and Thomas
Ryan Memorial Park, 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.
▪ Thomas Ryan Memorial Park will close no later than 11:00 p.m. and shall
remain closed until 5:00 a.m. on the following day. No inning shall start after
10:30 p.m..
(amd. Ord. 105-09, publ. 4/23/05)
(amd. Ord. 109-09, publ. 6/20/09)
Page 3 of 8
702.401 Activities Permitted After Closing. The following activities may continue in parks
before or after the park’s 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.
➢ 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 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.
➢ Use or presence in a park pursuant to written authorization from the City
Manager.
➢ Overnight mooring of watercraft in City-owned slips with required City
permit.
(amd. Ord. 99-09 - pub. 8/7/99) (Amd. Ord. 107-08, pub. 4/21/07)
702.500: PARK PERMITS AND LICENSES: A permit or license shall be obtained from the
City before any of the following activities occur in a City park:
➢ Sale of Liquor. The sale, barter, keeping for sale, charging for possession or
otherwise disposing of any alcohol-related products pursuant to City Code
Section 301.
➢ Peddling/Soliciting. The activities of a peddler, solicitor or transient merchant
pursuant to City Code Section 302.
➢ Public and Private Gatherings. The outdoor gathering of at least 50
individuals where sound amplification is used pursuant to City Code Section
307.
➢ Community Events. The gathering of at least 25 individuals assembled with
a common purpose in an event open to the public pursuant to City Code
Section 316.
➢ Watercraft. The mooring a watercraft in a City-owned slip if designated as a
reserved slip. (amd. Ord. 107-08, pub. 4/21/07).
702.600: GENERAL PROHIBITIONS WITHIN CITY PARKS: It shall be unlawful for any
park visitor to:
(1) 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.
(2) Deface, vandalize or otherwise cause the destruction of park property.
(3) Deposit, scatter, drop or abandon any bottle, can, broken glass, cigarette butts,
sewage, waste or any other material, except in receptacles provided for such
purpose.
(4) Attach or affix any handbill or poster to any property or object except with prior
written authorization of the City Manager.
(5) Cut, pluck or otherwise remove or injure any flowers, shrubs, trees or other plant
Page 4 of 8
material. Introduce any form of vegetation, except with prior written authorization
from the City Manager. (amd. Ord. 105-09 – pub 4/23/05)
(6) Dig trenches or make other excavations including but not limited to removal of soil,
rock, minerals, debris or organic substances.
(7) Kill, trap, hunt, pursue or in any manner disturb or interfere with any species of
wildlife. Release any insect, fish or animal except with prior written authorization
from the City Manager. (amd. Ord. 105-09 – pub 4/23/05) Remove any animal,
living or dead (except for a domesticated animal owned by the person) 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.
(8) Disturb, harass or interfere with any park visitor or park visitor's property.
(9) Enter a park with glass beverage bottles or glass containers.
(10) Drop, throw or otherwise leave unattended lighted matches, burning cigars,
cigarettes, tobacco, paper or other combustible materials. Ignite a fire, except in a
grill.
(11) Use or operate a grill without removing all grill related equipment and all waste and
garbage after use and operation.
(12) Use any tobacco-related products, including electronic cigarettes, on the grounds of
Jeffers Pond Elementary School Park. (amd. Ord. 105-22, pub 9/17/05)
(13) Discharge or display any firearms, air guns, shot guns, rifles, pistols, revolvers, air
rifles or BB guns. Use a slingshot, bow and arrows, except in designated areas.
(14) Use any loudspeaker or other amplifying system or device without a public and
private gathering permit pursuant to City Code Section 307.
(15) Gamble or participate in any game of chance unless it is part of an organized City-
sponsored event.
(16) Use or operate metal detecting equipment in a manner that causes or may cause
damage to persons or property.
(17) Play the game of golf, engage in putting, practice swinging, or the striking of any
golf balls.
(18) Sell, solicit or carry on any business or commercial enterprise or service in a park
except with prior written authorization from the City Manager.
(19) Hang or attach a hammock on any tree or structure.
(20) Skateboard or rollerblade except on designated trails and equipment.
(21) Use of the skate park contrary to the rules and policies promulgated and posted
Page 5 of 8
from time to time by the City. (amd. Ord. 105-09 – pub 4/23/05)
(22) Construct or erect any building or structure of any kind, whether permanent or
temporary in character, or run or string any public utility service, into upon or across
any park except with prior written authorization from the City Manager.
(23) Camp except with prior written authorization from the City Manager.
(24) Bring any animal into a park except for domesticated animals subject to subsection
702.700 below.
(25) Ride a horse or other animal except as part of a community event under a permit
pursuant to City Code Section 316.
(26) Wade or swim except at beaches designated for that purpose, and then only during
such hours as may be designated by the 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)
(27) Use any land or body of water for a starting or landing field for aircraft, hot air
balloons or parachutes, without prior written authorization from the City Manager.
(28) Operate a remote–controlled airplane, drone or watercraft, except at sites
designated by the City. Operate such a device in any manner that endangers or is
likely to endanger any person or property.
(29) Operate a bicycle except on designated trails, bikeways and roadways, and except
as close to the right-hand side thereof as conditions will permit. (amd. Ord. 105-09
– pub 4/23/05)
(30) Boating. It shall be unlawful for any park visitor to:
➢ Launch or land any watercraft upon any water, lagoon, lake, pond or
wetland except at locations and times designated for that purpose by the
City.
➢ Operate any watercraft in a designated swimming area or other prohibited
area.
➢ Operate any watercraft in violation of Minnesota Statutes, Chapter 361
"Waters and Watercraft Safety.”
➢ Moor a watercraft at any time in a slip reserved exclusively for lake
enforcement personnel.
➢ Fish, water ski, innertube, swim or dive from, or within 50 feet of, a City-
owned dock.
➢ Beach any watercraft at Lakefront Park or Sand Point Beach.
➢ Obstruct or interfere with another who is using a City-owned dock in
accordance with this Section and City policies.
➢ Obstruct or fail to follow the direction of a City employee or agent in the
administration of City-owned slips in accordance with this Section and City
policies.
(amd. Ord 105-09 – pub. 4/23/05) (Amd. Ord. 107-08, pub 04/21/07)
Page 6 of 8
(31) Fishing. It shall be unlawful for any park visitor to:
➢ Fish in a park in violation of any provision of Minnesota Statutes, except as
part of Department of Natural Resources sponsored fishing in the
neighborhood (FIN) event or program. (amd. Ord. 105-09 – pub 4/23/05)
➢ 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.
702.700: DOMESTICATED ANIMALS: It shall be unlawful for any park visitor to bring a
domesticated animal into a park, unless:
(1) The domesticated animal is properly licensed and has received all recommended
vaccinations.
(2) The domesticated animal is attended at all times.
(3) The domesticated animal is restrained at all times on an adequate leash not longer
than six (6) feet. The owner of the domesticated animal is liable for any action
taken or damage caused by the domesticated animal.
(4) Park visitors who bring domesticated animals 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 all fecal material deposited by a domesticated
animal under their control and care. Park visitors removing animal wastes from
park surfaces shall dispose of it in a sanitary manner, which may include depositing
it in any designated waste receptacle located in the park.
(5) Park visitors bringing a domesticated animal into a park shall not permit the animal
to disturb, harass or interfere with any park visitor, any park visitor's property, or
wildlife.
(6) No domesticated animal, with the exception of service animals and police dogs,
shall be permitted in/on beach areas, park buildings, skating rinks, athletic fields,
athletic complexes, or any area clearly marked with a sign prohibiting domesticated
animals.
702.800: 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:
(1) Operate any vehicle within a park except upon designated roadways and parking
areas or to operate a snowmobile within a park other than on designated trails
within the park for snowmobile traffic.
(2) Operate a vehicle in a park at a speed in excess of posted speed limits.
(3) Park or leave a vehicle standing within a park except at a designated parking area
during regular park hours.
Page 7 of 8
(4) Operate a vehicle which emits excessive or unusual noise, noxious fumes, dense
smoke or other polluting matter.
(5) Operate a vehicle in a reckless or careless manner in a park.
(6) Wash, polish, grease, change oil or repair any vehicle in a park.
702.900 ALCOHOL WITHIN PARKS: Alcohol-related products, as defined in City
Code Section 301, may only be consumed and/or displayed in a park, subject to
the following provisions:
(1) Intoxicating Liquors. No park visitor shall have in their possession or bring into a
park any intoxicating liquor, as defined in City Code Section 301, except beer or
wine in cans or boxes for individual consumption (amd. Ord. 105-09 – pub 4/23/05)
(2) Quantities. No park visitor shall have in their possession or bring into a park any
alcohol-related products in kegs, barrels or other large quantities without prior
written authorization from the City Manager.
(3) Roadways and Parking Lots. No park visitor shall display and/or consume alcohol-
related products within thirty (30) feet of any roadway or parking lot.
(4) 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.
(5) Sale. No park visitor shall sell, barter, keep for sale, charge for possession or
otherwise dispose of any alcohol-related products without a license pursuant to City
Code Section 301 and without prior written authorization from the City Manager.
(6) Glass. No park visitor shall bring glass containers into a park.
(7) Thomas Ryan 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) (amd.
Ord. 105-09 – pub 4/23/05)
(8) Jeffers Pond Elementary School Park shall be alcohol-free, including intoxicating
and non-intoxicating liquors in any form or container. (amd. Ord. 105-22 – pub
9/17/05)
702.1000: 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 City. Unless a
reservation is made, use of park property will be on a first come - first serve basis.
(amd. Ord. 105-09 – pub 4/23/05)
702.1100: 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.
Page 8 of 8
702.1200 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 in accordance with the penalties established by
Minnesota Statute. (amd. Ord. 105-09 – pub 4/23/05)
The Chief of Police shall have the principle responsibility of enforcing the provisions
of this Section. In addition, Prior Lake parks 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 City Manager shall have the authority to revoke for good cause any permit or
reservation issued by the City. Nothing in this Section shall prevent employees or
agents of Prior Lake 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. (amd. Ord. 99-09 - pub. 8/7/99)
(amd. Ord. 105-09 – pub 4/23/05)
Section 2. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by
reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of June 2018.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 9th day of June 2018.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 118-__ AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS,
On June 4, 2018 the City Council adopted Ordinance No. 118-__ amending
Section 702 relating to City Parks; and
WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper
before it becomes effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the
Council finds that the summary is an accurate representation of the ordinance; and
WHEREAS, The City Council desires to publish a summary of the amendments to Section 702
of the Prior Lake City Code and has determined the publication of a summary of
this ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. 118-__ is lengthy.
3. The text of summary of Ordinance No. 118-__, attached hereto as Exhibit A, conforms to
M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the
Ordinance will clearly inform the public of the intent and effect of the Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
5. A complete text of the newly amended City Code will be available for inspection at City Hall
or in the Document Center on the City of Prior Lake Website after June 9, 2018.
PASSED AND ADOPTED THIS 4th DAY OF JUNE 2018
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
_____________________________
Frank Boyles, City Manager
2
Exhibit A
SUMMARY ORDINANCE NO. 118-__
CITY OF PRIOR LAKE
ORDINANCE NO. 118-__
AN ORDINANCE AMENDING SECTION 702 OF THE PRIOR LAKE CITY CODE RELATING TO CITY
PARKS AND ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS.
The following is only a summary of Ordinance No. 118-__. The full text will be available for
public inspection after June 9, 2018 by any person during regular office hours at City Hall or in
the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends Section 702 regulating the use of City Parks
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of June 2018.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 9th day of June 2018.
Public Ways & Property
City of Prior Lake
702/p1
SECTION 702
CITY PARKS
SUBSECTIONS:
702.100: PURPOSE
702.200: AUTHORITY
702.300: DEFINITIONS
702.400: PARK HOURS
702.500: GENERAL CONDUCT WITH CITY PARKSPARK PERMITS AND LICENSES
702.600: RESTRICTED ACTIVITIESGENERAL PROHIBITIONS WITHIN CITY PARKS
702.700: DOGS AND CATSDOMESTICATED ANIMALS
702.800: VEHICLES
702.900: SPECIAL USEALCOHOL WITHIN PARKS
702.1000: PARK OPERATION AND PERMITSSPECIAL USE
702.1100: PROTECTION OF PROPERTY, STRUCTURES AND NATURAL RESOURCESLIABILITY
702.1200: USE OF ALCOHOL WITHIN A PARK FACILITY
702.12300: RESTITUTION, ENFORCEMENT AND PENALTIES
702.100: PURPOSE: The residents of Prior Lake value recreation and open space and have
provided for parks facilities throughout the City. City parks and park facilities are intended
for the use and enjoyment of all residents and park visitors. To ensureassure all residents
and park visitors are able to enjoy the City parks and facilities, it is necessary to regulate
activities and conduct within the parks facilities. This Section regulates the use of City
parks 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 the City’s 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 other City personnel. The actions of the 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 and recreation. (amd. Ord. 105-09 – pub. 4/23/05)
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
determinefind appropriate.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.
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:The following words and terms when used in
Public Ways & Property
City of Prior Lake
702/p2
this Section shall have the following meanings unless the context clearly indicates
otherwise:
Domesticated 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 facilities, 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.
Service Animal. Any service animal as defined by the Minnesota Human Rights Act or
the Federal Americans with Disabilities Act, as either may be amended from time to time.
Vehicle: Any motorized, propelled, animal-drawn or human-powered machine used to
convey people, animals or property, including but not limited to trucks, cars, motorcycles,
dune buggies, trailers, motor homes, recreational vehicles, and snowmobiles.; except not
including electric personal assistive mobility devices.
Watercraft: Vessel, Bboat, jet ski, canoe, raft, barge, sailboard 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 propelled, including but not limited to firearms,
Public Ways & Property
City of Prior Lake
702/p3
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.
(amd. Ord. 105-09, publ. 4/23/05)
702.400: PARK HOURS: With the exception of Memorial Park, Ponds Park and Thomas Ryan
Memorial Park, 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.
▪ Thomas Ryan Memorial Ppark will close no later than 11:00 p.m. and shall remain
closed until 5:00 a.m. on the following day. No inning shall start after 10:30 p.m.
and, whenever staff monitoring the park usage determine the games to be
completed, the park will close at 10 p.m. and shall remain closed until 8:00 a.m.
on the following day.
(amd. Ord. 105-09, publ. 4/23/05)
(amd. Ord. 109-09, publ. 6/20/09)
702.401 Activities Permitted After Closing. The following activities may continue in parks
before or after the park’s 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.
➢ Use or presence in a park pursuant to written authorization from the City Manager.
➢ Overnight mooring of watercraftboats in City-owned slips with required City
permit.
➢
(amd. Ord. 99-09 - pub. 8/7/99) (Amd. Ord. 107-08, pub. 4/21/07)
702.1000500: PARK OPERATION AND PERMITS AND LICENSES: .
702.1002 Permits Required. A permit or license shall be obtained from the City before
participating in any of the following activities occur in a City park:
➢ Sale of Liquor. The sale, barter, keeping for sale, charging for possession or
otherwise disposing of any alcohol-related products pursuant to City Code Section
301.
➢ Peddling/Soliciting. The activities of a peddler, solicitor or transient merchant
pursuant to City Code Section 302.
➢ Public and Private Gatherings. The outdoor gathering of at least 50 individuals
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where sound amplification is used pursuant to City Code Section 307.
➢ Community Events. The gathering of at least 25 individuals assembled with a
common purpose in an event open to the public pursuant to City Code Section
316.
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, malt liquors or wine into a park.
➢ Bringing intoxicating liquor other than beer into a park.
➢ Using or Being in a park during closed hours. (amd. Ord. 99-09-pub. 8/7/99).
➢ Watercraft. The mMooring a watercraftboat in a City-owned slip if designated as a
reserved slip after park hours. (amd. Ord. 107-08, pub. 4/21/07).
702.6500: GENERAL PROHIBITIONSCONDUCT WITHIN CITY PARKS: It shall be unlawful for
any park visitorperson in a park to:
(1) (1) 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.
(2) 702.1101 Damaging or Removing Property Prohibited. No park visitor shall willfully
dDeface, vandalize or otherwise cause the destruction of park property.
(3) Deposit, scatter, drop or abandon any bottle, can, broken glass, cigarette butts, sewage,
waste or any other material, except in receptacles provided for such purpose.
(4) 13)Attach or affix any handbill or poster to any property or object except with prior
written authorization of the City Manager.
(4)(5) 702.1102 Flowers, Trees and Shrubs. No park visitor shall willfully and without
authority cCut, pluck or otherwise remove or injure any flowers, shrubs, trees or other
plant material growing in or around any park. No park visitor shall iIntroduce any form of
vegetation, within a park withoutexcept with prior written authorization from the City
Manager the permission of the City. (amd. Ord. 105-09 – pub 4/23/05)
(5)(6) 702.1105 Excavations. No park visitor shall dDig trenches or make other excavations
including but not limited to removal of soil, rock, minerals, debris or organic substances
within a park.
(7) 702.1103 Birds or Animals. No park visitor shall willfully or without authority kKill, trap,
hunt, pursue or in any manner disturb or interfere with any species of wildlife in any park.
No park visitor shall rRelease any insect, fish or animal in any park or public land except
with prior written authorization from the City Managerwithout permission from the City.
(amd. Ord. 105-09 – pub 4/23/05) Remove any animal, living or dead (except for a
domesticated animal owned by the person) 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.
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(6)(8) Disturb, harass or interfere with any park visitor or park visitor's property.
(7)(9) Enter a park with glass beverage bottles or glass beverage containers.
(8)(10) Drop, throw or otherwise leave unattended lighted matches, burning cigars,
cigarettes, tobacco, paper or other combustible materials. 702.1105 Fires. No park
visitor shall. Iignite a fire in any park, except in a grill. Except for in provided grills
(9)(11) 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.
(10)(12) Use or operate a grill without removing all grill related equipment and all waste
and garbage after use and operation.Grills. Park visitors must use the provided Grills – no
private grills. – private grills okay as long as teake everytign with them when they leave
including all junk/garbage –
(11)(13) (9) Tobacco-related products. It shall be unlawful to uUse any tobacco-
related products, including electronic cigarettes, on the grounds of Jeffers Pond
Elementary School Park. (amd. Ord. 105-22, pub 9/17/05)
(12)(14) Discharge or display any firearms, air guns, shot guns, rifles, pistols, revolvers, air
rifles or BB guns. Use a slingshot, bow and arrows, except in designated areas.
(13)(15) Use any loudspeaker or other amplifying system or devicse without a public and
private gathering permit pursuant to City Code Section 307.permit from the Department of
Parks and Recreation.
(14)(16) Gamble or participate in any game of chancge unless it is part of an organized
City-sponsored event.
(15)(17) Use or operate metal detecting equipment in a manner that causes or may cause
damage to persons or property.
(16)(18) (7) Sell, solicit or carry on any business or commercial enterprise or
service in a park except with prior written authorization from the City Manager. without first
obtaining a permit from the City.
(17)(19) 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 golf in designated areas.
(18)(20) Hang or attach a hammock on any tree or structure.
(19)(21) Skateboard or rollerblade except onon other than designated trails and
equipment.
(20)(22) Use of the skate park contrary to the rules and policies promulgated and posted
from time to time by the City.
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(amd. Ord. 105-09 – pub 4/23/05)
(23) Construct or erect any building or structure of any kind, whether permanent or
temporary in character, or run or string any public utility service, into upon or across any
park except with prior written authorization from the City Manager.
702.600: RESTRICTED ACTIVITIES.
(24) Camping. It shall be unlawful for any park visitor to Ccamp in a park except with
prior written authorization from the City Managerwritten permission of the City.
(25) Bring any animal into a park except for domesticated animals subject to subsection
702.700 below.
(26) (2) Horseback Riding. It shall be unlawful to Rride a horse or other
animal within any park unless except in possession of a permit issued by the City, or as
part of an organized community event under a permit pursuant to City Code Section 316.
(27) (3) Swimming. It shall be unlawful for any park visitor to Wwade or swim within a
park except at beaches designated for that purpose, and then only during such hours as
may be designated by the 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)
(21)(28) (4) Aircraft, Hot Air Balloons and Parachutes. No park visitor shall uUse 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 prior written authorization from the City
Managera permit from the City.
(22)(29) Operate a remote–controlled airplane, drone or watercraft, except at sites
designated by the City. Operate such a device in any manner that endangers or is likely to
endanger any person or property.
(23)(30) (7) Bicycling. It shall be unlawful for any park visitor to oOperate a bicycle
except on park designated trails, bikeways and roadways, and except as close to the
right-hand side thereof as conditions will permit. (amd. Ord. 105-09 – pub 4/23/05)
(8) Meetings, Speeches, Demonstrations and Parades. It shall be unlawful for any
park visitor to conduct public meetings, assemblies, entertainments, parades or
demonstrations within a park without first obtaining a written permit from the City, and then
only in the area designated in the permit. (amd. Ord. 105-09 – pub 4/23/05)
(24)(31) Boating. It shall be unlawful for any park visitor to:
➢ Launch or land any boat, yacht, canoe, raft or other watercraftwatercraft 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
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open, unless first obtaining a boat slip rental permit from the City.
➢ Moor a watercraftboat at any time in a slip reserved exclusively for lake
enforcement personnel.
➢ Moor a boat without first obtaining a permit therefore from the City if designated as
a “reserved” slip.
➢ Fish, water ski, innertube, swim or dive from, or within 50 feet of, a City-owned
dock.
➢ Beach any watercraft at Lakefront Park or Sand Point Beach.between the dock
and swimming area at any time.
➢ Obstruct or interfere with another who is using athe City-owned dock in
accordance with this Sectionordinance and City policies.
➢ Obstruct or fail to follow the direction of a City employee or agent in the
administration of City-owned boat slips in accordance with this Ssection and City
policies.
(amd. Ord 105-09 – pub. 4/23/05) (Amd. Ord. 107-08, pub 04/21/07)
(3128) Fishing. 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
neighborhood (FIN) event or program. (amd. Ord. 105-09 – pub 4/23/05)
➢ 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.
702.1100: PROTECTION OF PROPERTY, STRUCTURES AND NATURAL RESOURCES.
702.700: DOMESTICATED ANIMALSOGS AND CATS: It shall be unlawful for any park visitor to
bring a domesticated animalog or cat into a park, with the exception of seeing-eye dogs
and police dogs, unless:
(1) (1) The domesticated animaldog or cat is properly licensed and has received all
recommended vaccinations.
(1)(2) The domesticated animal is attended at all times.
(2) The domesticated animaldog or cat is shall be restrained at all times on an adequate
leash not longer than six (6) feet. The pet owner of the domesticated animal is liable for
any action taken or damage caused by the domesticated animaldog or cat.
(3) All dogs or cats shall be restrained at all times on adequate leashes not longer than six (6)
feet.
(4) Park visitors who bring dogs or catsdomesticated animals 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 catdomesticated animal under their
control and care. Park visitors removing animal wastes from park surfaces shall dispose
of it in a sanitary manner, which may include depositing it in any designated waste
receptacle located in the public park.
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(5) Park visitors bringing a dog or catdomesticated animal 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.
(6) No dog or catdomesticated animal, with the exception of service animals and police dogs,
shall be permitted in/on beach areas, nature center area, park buildings, skating rinks, or
any athletic fields, located in: Memorial Park, Ponds Park, Lakefront Park, Thomas Ryan
Memorial Park, or any other aAthletic cComplexes, in the City or any area clearly marked
with a sign prohibiting domesticated animals.
702.800: 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:
(1) Operate any vehicle within a park except upon designated roadways and parking areas or
to operate a snowmobile within a park other than on designated trails within the park for
snowmobile traffic..
(2) Operate a vehicle in a park at a speed in excess of posted speed limits.
(3) Park or leave a vehicle standing within a park except at a designated parking area during
regular park hours.
(4) Operate a vehicle which emits excessive or unusual noise, noxious fumes, dense smoke
or other polluting matter.
(5) Operate a vehicle in a reckless or careless manner in a park.
(6) 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,
702.12900 USE OF ALCOHOL WITHIN A PARKS FACILITY: Alcohol-related products, as
defined in City Code Section 301, may Intoxicating liquors and nonintoxicating malt
liquor may only be consumed and/or displayed in a park, subject to the following
provisions:
(1) Intoxicating Liquors. No park visitor shall have in their possession or bring into a park
any intoxicating liquor, as defined in City Code Section 301, except beer or wine in cans
or boxes for individual consumption, without first having obtained a permit from the City.
(amd. Ord. 105-09 – pub 4/23/05)
(1) Quantities. No park visitor shall have in their possession or bring into a park any alcohol-
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related products in kegs, barrels or other large quantities without prior written
authorization from the City Manager.
(23) Roadways and Parking Lots. No park visitor shall display and/or consume alcohol-
related products intoxicating liquors or nonintoxicating malt liquor on or within thirty (30)
feet of any roadway or parking lot within a park.
(34) 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.
(5) Sale. No park visitor shall sell, barter, keep for sale, charge for possession or otherwise
dispose of any alcohol-related products without a license pursuant to City Code Section
301 and without prior written authorization from the City Manager.
(5) Glass. No park visitor shall bring glass containers into a park.
(4) Quantities. No park visitor shall bring into a park intoxicating liquors or nonintoxicating
malt liquor in kegs or barrels, except as provided in this Subsection. Groups, associations
or organizations desiring to bring intoxicating or nonintoxicating malt liquor into parks in
kegs or barrels may do so only after obtaining a permit for such use from the City. The
City shall grant the permit if in the judgment of the 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. (amd. Ord. 105-09 – pub 4/23/05)
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 provisions which by their nature have no application.
(6) Thomas Ryan 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) (amd. Ord.
105-09 – pub 4/23/05)
(7) Jeffers Pond Elementary School Park shall be alcohol-free, includinging intoxicating and
non-intoxicating liquors in any form or container. (amd. Ord. 105-22 – pub 9/17/05)
702.1003 Application for Permit. The City Manager or designee shall issue a permit upon finding
that: (amd. Ord. 105-09 – pub 4/23/05)
(1) 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.
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(2) 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.
(3) That the proposed activity or use is not reasonably anticipated to entice violence, crime or
disorderly conduct.
(4) That the proposed activity will not entail unusual, extraordinary burden or expense for the
City.
(5) That the facilities desired have not been reserved for some other use at the day and hour
required in the application.
702.1004 Denial of Permit. Within five (5) days after the receipt of a completed application, the
City Manager or designee 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. (amd. Ord. 105-09 – pub 4/23/05)
702.1005 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.
702.91000: 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 City and procured a permit from
the City. 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. (amd. Ord. 105-09 – pub 4/23/05)
702.1100: LIABILITY702.1001 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.
702.12300 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.
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A park visitor guilty of violating any provision of this Section shall be guilty of a
misdemeanor, which is punishable in accordance with the penalties established by
Minnesota Statutewhich is punishable by a fine of not more than one thousand dollars
($1,000), or by imprisonment for a period not to exceed ninety (90) days, or both. (amd.
Ord. 105-09 – pub 4/23/05)
The Chief of Police shall have the principle responsibility of enforcing the provisions of this
Section. In addition, designated Prior Lake parks 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 City Manager shall have the authority to revoke for good cause any permit or
reservation issued by the City. Nothing in this Section shall prevent employees or agents
of Prior Lake 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) (amd. Ord. 105-09 – pub 4/23/05)
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