HomeMy WebLinkAbout118-08 Parks Ordinance Update
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 118-08
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.
2
Exhibit A
SUMMARY ORDINANCE NO. 118-08
CITY OF PRIOR LAKE
ORDINANCE NO. 118-08
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. 118-08. 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.
CITY OF PRIOR LAKE '
ORDINANCE NO. 118-08
AN ORDINANCE AMENDING
SECTION 702 OF THE PRIOR
LAKE CITY CODE RELATING 4,
TO CITY PARKS AND
ADOPTING BY REFERENCE I
CITY CODE SECTION 104; 1
WHICH, AMONG OTHER
THINGS, CONTAINS
PENALTY PROVISIONS .
The following is only a
summary of Ordinance No. ' 118- 1 Affidavit of Publication
08. The full text will be available
for public inspection after June 9,
2018 by any person during regular Southwest Newspapers
office hours at City Hall or in the
Document Center on the City of j
Prior Lake Website.'
SUMMARY, State of Minnesota)
The Ordinance
amends Section 702 regulating the I ) SSW
use of City Parks
This ordinance shall become I county of Scott )
effective from and after its i
passage and publication.
Passed by the City Council of
the City of Prior Lake this 4th day
of June 2018. Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent
ATTEST: of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior
Frank Boyles Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows :
City Manager °
Kirt Briggs (A) These newspapers have complied with the requirements constituting qualification as a legal
Mayor
(Published in the Prior Lake newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
American on Saturday, June 9, amended .
12018; No 7220)
(B) The printed public notice that is attached to this Affidavit and identified as No.
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice :
abcdefghij klinnopgrstuvwxyz
t"
Laurie A. Hartmann
Subscribed and sworn before me on
I
this ;i ( day of r ( t 32018
� . JYMME JEANNETTE BARK
j NOTARY PUBLIC MINNESOTA
No ry u'blic MY COMMISSION EXPIRES 01 /31 /23
4
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space. . . . $31 .20 per column inch
Maximum rate allowed bylaw for the above matter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $31 .20 per column inch
Rate actually charged for the above matter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 97 per column inch