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HomeMy WebLinkAbout9A - Park Property Restrictions MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT AUGUST 2, 1999 9A BRET WOODSON, ASSISTANT CITY MANAGER CONSIDER APPROVAL OF ORDINANCE 99-XX AMENDING THE PRIOR LAKE CITY CODE REGULATING THE USE OF PUBLIC PARKS History The purpose of this agenda item is to consider revisions to the existing Park Ordinances. The last time these Park Ordinances were amended was in November of 1997 when the City Council authorized revisions to a very outdated Park Ordinance. There have been recent concerns from residents who have brought to our attention specific issues requiring clarification. The concerns that have been expressed have centered around two issues: the Athletic Complex / Community Park being constructed on the Busse Property, and the swimming language concerning when people may swim on City park property. Current Circumstances In response to various questions and concerns raised by the neighbors ofthe Busse property concerning the park's development, the City has held several meetings with the property owners (see attached chronology) to try and better understand and respond to their issues and / or concerns. We advised the Busse Park neighbors that we would bring this ordinance before the Council at the same time or before we request authority to call for bids for the park. The three major issues of concern that we intend to address in the proposed Ordinance amendment include: the park hours, the restriction of alcoholic beverages in the park, and legal authority for enforcement of city ordinances for property located in the township. A copy of the draft ordinance and the amendments proposed tonight have been shared with the neighbors in the vicinity of Busse Park. The language regarding swimming beaches was also recently questioned by residents living by Sand Point Beach. They were looking for clarification as to when swimming is allowed at the beach. 162p'~~fsij)9'iJitID~OOOOny~~~-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The Issues 702.400 PARK HOURS This Athletic Complex is being designed and built primarily for scheduled youth athletic events. The Ordinance you have before you indicates the hours of operation for this park to be 8 :00 a.m. to 10:00 p.m. Other parks in the City open at 5 :00 a.m. We have never had organized games or practices start before 8:00 a.m. so these times will not negatively affect park users. In addition, the 8:00 a.m. opening time will be well received by the neighbors of the park. The ordinance is written so that city employees and maintenance personnel can be at the facility prior to 8:00 a.m. to prepare for the days activities at the park. 702.1200 USE OF ALCOHOL WITHIN A PARK FACILITY Since the park on the Busse property is designated as a Youth Complex it makes sense to not allow alcohol anywhere within this facility. In addition, it is a current practice ofP.L.A.Y. that no alcohol be allowed at any P.L.A.Y. sanctioned youth activities. Prior to the ordinance changes in 1997 a park visitor could bring any kind of alcohol into any city park. The 1997 ordinance change now allows only beer in cans unless otherwise approved by a special permit. 702.600 RESTRICTED ACTIVITIES Minor revisions to this section are proposed to clarify when people are allowed to swim on park property. The language allows swimming or wading at designated beaches during hours designated by the Parks and Recreation Director. 702.1300 RESTITUTION, ENFORCEMENT AND PENAL TIES A sentence has been added to this section as recommended by legal counsel which clarifies that the City Attorney is responsible for prosecution of the park ordinance regardless of where the park is located. Conclusion The above mentioned changes reflect our continued desire to make sure our ordinances are up to date and accurately reflect what the City's intentions are with regard to Park property use and behavior. The new Athletic Complex will be a great addition to the Prior Lake park system. The proposed Ordinance Amendments take into consideration the input and requests of the neighbors, along with balancing the needs of the park users who will be using the facility. I:\COUNCIL\AGNRPTS\99\ORD99.DOCCity of Prior Lake ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: These changes have been reviewed by the City Attorney and are attached for City Council Review. The proposed changes are listed in legislative format. 1. Approve Ordinance 99-XX Amending The Prior Lake City Code Regulating The Use OfPuhlic Parks as Proposed. 2. Approve Ordinance 99-XX Amending The Prior Lake City Code Regulating The Use Of Public Parks as Amended by the City Council. 3. Table this issue for a specific reason and provide direction to staff. Staff recommends Alternative #1. Motion and second to adopt the Ordinance as proposed or with Amendments as the City Council deems necessary. I:\COUNCIL\AGNRPTS\99\ORD99.DOCCity of Prior Lake CITY OF PRIOR LAKE ORDINANCE NO. 99-)Q{ AN ORDINANCE AMENDING SUBSECTIONS 702.400, 702.600, 702.1002 702.1200 AND 702.1300 OF THE PRIOR LAKE CITY CODE. The City of Prior Lake does hereby ordain that: 1. Subsection 702.400 of the Prior Lake City Code is hereby amended to read as follows: Park Hours: With the exception of Memorial Park, Ponds Park and Busse 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. . Busse Park will close at 10:00 p.m. and shall remain closed until 8:00 a.m. on the following day. 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 15 to March 15, 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. 2. Subsection 702.600(3) of the Prior Lake City Code is hereby amended to read as follows: Swimming. 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 Director of Parks and Recreation, 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. 3. Subsection 702.1002 of the Prior Lake City Code is hereby amended in part as follows: ~ To be in or use a park during closed hours. 4. Subsection 702.1200 of the Prior Lake City Code is hereby amended to add as item (6) the following: (6) Busse Park shall be alcohol free including intoxicating and non-intoxicating liquors in any form or container. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER " 5. Subsection 702.1300 shall be amended to add as the last paragraph, the following: The City Attorney is responsible for the prosecution of violations of this Section. This ordinance 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 August, 1999. ATTEST: Frank Boyles, City Manager Wesley M. Mader, Mayor H:\CODE\PARKORD.DOC ... ~ ~.*""",'....., ;~: ',ilr\.' oW- .....,l'"i~. '. 1;.-'.....;;."./..;:.-. ._;'....i,:Iill\i'!'H.~_i:l.M1!".. '..' ;'/ BUSSE PROPERTY CHRONOLOGY OF MEETINGS APRIL 2, 1999 APRIL 12, 1999 MAY 5,1999 MAY 10, 1999 MAY 29,1999 JUNE 2, 1999 JUNE 7, 1999 JUNE 10, 1999 JULY 7,1999 JULY 14, 1999 Document! LETTER WAS SENT TO 65 RESIDENTS INVITING THEM TO PARKS ADVISORY COMMITTEE MEETING P ARKS ADVISORY COMMITTEE MEETING DISCUSSING THE DEVELOPMENT OF THE BUSSE PROPERTY MEETING AT JOE ADAMS HOUSE WITH NEIGHBORS AND CONSULTANTS PARKS ADVISORY COMMITTEE MEETING-NEIGHBORS AND CONSULTANTS PRESENT PARKS ADVISORY COMMITTEE MEMBER SCHUTZ MET WITH NEIGHBORS AT JOE ADAM'S HOUSE SPECIAL PARKS ADVISORY COMMITTEE MEETING SPECIFIC TO BUSSE PROPERTY DEVELOPMENT NEIGHBORS SPOKE DURING CITY COUNCIL OPEN FORUM PRESENTATION TO SPRING LAKE TOWNSHIP BOARD MEETING WITH NEIGHBORHOOD COMMITTEE MEETING WITH NEIGHBORHOOD COMMITTEE 02/15/99 10:48 '8'612 234 6237 CAMPBELL KNUTSON ~o'\ Professional A:;.<;ociRtion A ttnrm~y~ ;"it Law "'\ CAMPBELL KNUTSON op.. JudJ. J1mmlk Andre.. Mc:Dow.n poc;hh;r MlIl.ll\l::w K. Dtuk1'" J,")hn r. Kelly M7Itchew J. Foll Mw}(ut:lilt: M. Ml.:Cu.lLulI '1'1 \lJ\II\l~ J. CllluVho::ll lV.l)(c:r N. Knutf.on '1 humK.' M. Senl\" EI\lutl H. KII\:I~ch SU'-":iun LC'ol Plitt . (651) 45Z~5000 rt\X (oS1) 451.-5550 Writer'. Extension: 231- Writer's Fax: 452-5550 'I' Al,n F..,II\.,-d in Wis..:nrum MEMORANDUtyl February 12, 1999 TO: Frank Boyles, City Ma.nager FROM: Matt BraId. Assistant City Attorney RE: Enforcement of Ordinances in Park Outside City Boundaries The issues you have raised in your memo of February 8. 1999 are, for the m01\t part, ;lddrel'~ed hy the current City Code. One section of the Public Ways & Property Section may need a modification to clarify the City Attorney's role 1t1 prosecuting non-feluny slalul~S and . ordinance offenses within a park located outside the City' 5 boundaries where the City 11\ the owner uf the park property. The analysis contained in the Minneapolis City Attorney's Office memu of May 11, 1993 applies in 1\ similar fasl1ion to the park at bsue. Prior Lake Code Section 7CJ2.1300 enlilled "Restitution,. Enforcement and Penalties" . makes it clear that "the Chief of Police shall ,have the principal responsibility of enforcing the provisions of this Section" referring to the entire Public Ways and Property Section of the City Code. Ordinance violations are misdemeiUlor leveloffem:es, and the City Altorney is usually responsible for prosecutin~ violations of this level within the City. 1 suggest the Puhlic Ways &. Pro ert Section of the . .. ttomey as the prosecutin authori fo tions T accom Ush this, I su gest the o oWing senLence be inserted at the end of the Section: "The City Attorney is re~:ponsible for the prosecution of violations of this Section." If you have any questions please ~ul1 me. Suite 317 . Eag:mualc Office Center · 1380 Cl)rporate Cctltcr Curve · Eug.tn, MN 55121 ..- ~.. ~~!!W!l~~J;~ ....~ ~!lI .. _i~,:'~~'+""~, F.~>\.:t.\.""'tll.,~ ~r"_ .~i'.~~ "~.:""':'''. .,", SUBSECTIONS: 702.100: 702.200: 702.300: 702.400: 702.500: 702.600: 702.700: 702.800: 702.900: 702.1000: 702.1100: 702.1200: 702.1300: 702.100: 702.200: 702.300: SECTION 702 CITY PARKS CO",;" ,.....;.. ::>, ..:......\ PURPOSE AUTHORITY DEFINITIONS PARK HOURS GENERAL CONDUCT WITH CITY PARKS RESTRICTED ACTIVITIES DOGS AND CATS VEHICLES SPECIAL USE PARK OPERATION AND PERMITS PROTECTION OF PROPERTY, STRUCTURES AND NATURAL RESOURCES USE OF ALCOHOL WITHIN A PARK FACILITY RESTITUTION, ENFORCEMENT AND PENALTIES .-.-:j':->" ...~ <:'>,. ~:;.;;....' ',",", ,..............., ....::-....<:<:::>;.-::::::. .""j .. />.... ..,..........'...,.....-. .;,;,;,;;;,;,/ co"~;;;; .;'.".';'i .~ f>>>>:' "."-: ~:. - .. "':::. ;.<;;/ ;:<;; ....;.. -".'" ...d/ .~::::::::>:/. 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. 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 Director of Parks and Recreation or other City personnel. The actions of the Director of Parks and Recreation 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. 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: H:\CODE\BUSSEAMD.DOC , "', Director of Parks and Recreation: The persgn>~PP9~nted by the City Manager to serve as the chief administrative officer of the City parK~yst~i;h,\. o.n :.(:;:;:;,-,-.-., Domestic Animal: A dog or cat. ';:::::::'~ '';.>>, .;.:-:.;, ...,,, ... Drugs: Any substance defined as a controlleq.substanci: by Chapter 152, Minnesota Statutes or other statutes of Federal laws or regyl~tions. /:: ,<>, ...............yy...::.;.:.;.;.;.:t .:.:.:.:........ Intoxicating Liquor. Any liquor which is intoxictJtih9PUI'~U~Q~:tQ;:State law and ,includes ethyl alcohol, distilled, fermented, spirituous, vinous ... and m~I~('~~v~reQ~.~ conm!ning in excess of three and two-tenths percent (3.2%) alcohol by weigh~~i(:::j::,> '; ',;;0\/''' /:';; At? ,:<~ Motorized Recreational Vehicle: Any self-propelled, off-theqo~q;:J~t/'all /P9hv~y~n~e vehicle, including but not limited to, a snowmobile, minibike, lahj.phlpipps v~h'9t~, motorcycle, go-cart, trail bike, dune buggy or four-wheel drive. ':(:;;;>::1::'[:\ ,~dJ.,;/<? /j~V,~:~~~~~~}~:~;::.t~~j~j Nonintoxicating Liquor: Malt A beverage containing not more than tnre~rao.g two- tenths percent (3.2%) alcohol by weight. ~j~ /';' \\;",,:Mb' ;::::;:;;::::::::;. Nude: Means the showing of the human male or female genitals, pubic ar~a> 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 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. H:\CODE\BUSSEAMD.DOC . .4 ,. .bC'" --, ..... ,i":, h ,;" lit 110 ~,._.........,.__,.. . ,.l,~, '_.D.~". ."jjTtrt :11 ~_ .,~ ~ :a );> 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 15 to March 15. 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. 702.500: GENERAL CONDUCT WITHIN CITY PARKS: It shall be unlawful for any person in a park 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) Disturb, harass or interfere with any park visitor or park visitor's property. (3) 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. (5) Gamble or participate in any game of change unless it is part of an organized Parks and Recreation Department event. H:\CODE\BUSSEAMD.DOC 702.600: .~ (6) /,-;;;;::.::':',-.", Drop, throw or otherwise leave unattended 1i9~~~'ro:~\ches, burning cigars, cigarettes, tobacco, paper or other combustible materials. :::';:~:;;<~'r;(:"\. (7) /:::::,' "~:ff~ Sell, solicit or carry on any business or commercia.M~'nterP~~e or service in a park without first obtaining a permit from the Department of Pa~k~ and REg:reation. .:-:.:.;' \.:.:. i-:'>:~ ..-:.:.:~ (8) (9) (10) (1 ) Camping. It shall be unlawful for any park visitor to camp in a park except 'with written permission of the Director of Parks and Recreation. (2) 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 Director of Parks and Recreation, or as part of an organized community event. (4) 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 Department of Parks and Recreation. (5) Boating. It shall be unlawful for any park visitor to: ~ 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. ~ 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". H:\CODE\BUSSEAMD.DOC ... ............. ..." 11"....., ,. '" ", ".0' ~"q;"""'!~"'~IIlIII"!I- .. . '.t; ;,.,: ';",. -"'l'"'~" (6) Fishing. It shall be unlawful for any park visitorlc>: >"" . ............. ~ Fish in a park in violation of any provisiorl~f Mihk~~9ta Statutes, Chapter 101. ~ Fish in a designated swimming area. ,< '. ~ Leave any structure or shelter designed f6.F ice fishitlg in any park for more than forty-eight (48) hours. .. (7) .--- .. ....-.. -...., ." -;. ,:-:.;." ,:.;.; Bicycling. It shall be unlawful for any park vi~it9L199P~r~t~'9.,bicycle except on park designated bikeways and roadways, and except as:clQstrto tt')~t!gJlt-hand side th,l1reof as conditions will permit." i!'\ .' .(:::::: (8) ..:-:: :';';.>>:-:.::-.:'" .':-:- .:.;.;.:.:-:. Meetings. Speeches, Demonstrations and Parades. It shal!'ge, pn I9.Wtu I f9'tj~ny P?[k visitor to conduct public meetings, assemblies, entertainments, para~~~;qf del1Jphsl@1igns within a park without first obtaining a written permit from the Jjifeplori'of" ParK and Recreation, and then only in the area designated in the permit.>',' .' ,/><' ,.;.;.,;. ....... <>>'1::::::;' r,.<:):,:/i:C DOGS AND CATS: It shall be unlawful for any park visitor to bring a dog:' or.~~i~nt9 a park, with the exception of seeing-eye dogs and police dogs, unless: ,'~ 'H,3/ 702.700: (1) The dog or cat is properly licensed. (2) 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. (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 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. (5) 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. (6) 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, or any other Athletic Complex in the City. 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. H:\CODE\BUSSEAMD.DOC 702.900: 702.1000: 702.1001 702.1002 702.1003 "', '.\. (2) Operate a vehicle in a park at a speed in exces~Qfpo~~~9,speed limits. ~':-i "-:.;.;.;." ....... ..-.--., '::::/' \::::::::<~ (3) Park or leave a vehicle standing within a park ex~pf at a\q!3signated parking area during regular park hours. .n' (4) ...., .... ... ,... Operate a vehicle which emits excessive or unu~ual noise,ih,?xious fumes, dense smoke or other polluting matter. .......::.. ............,....,.....~.:::.:::~.~.. .,' ,.:.:.:. "::::::::<::;:;:.:;:::::::.;.::"::/ (5) (6) .................. ............. ",;.;.;::.:::<;:::;;>..;.:, // o.:.;~:~::::::::~ Operate a vehicle in a reckless or careless manner in a park. {i ,/.i/,,:::y>. ..........; ,..........~ 1::-:::' .... ............ !::;:::: .<-:':'::::..:... '. Wash, polish, grease, change oil or repair any vehicle in a park. 'l0;~t:;t' iJ'V" A'""d~ Motorized Recreation Vehicles. It shall be unlawful for any parkvi$l1Qn:lg' operijti>a motorized recreation vehicle within a park except on designated roadwa,Y~::~!1d Ii~rking areas, or to operate a snowmobile within a park other than on designated tf'il~\wf!~fn the park for snowmobile traffic. ;::, ,j !~" ",) ""'" .':::'; '}' """'\l ~}~; t>. 'i:r~;:;~:j l:::::;, ;:::::;' ';::::::~:'::::::/ SPECIAL USE. No park visitor or group shall have special use of all or ari~:/ portion of a park unless they have first reserved the property with the Park and Recreation Department and procured a permit from the Director of Parks and Recreation. 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. 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. Application for Permit. The Director of Parks and Recreation or the City Manager shall issue a permit upon finding that: H:\CODE\BUSSEAMD.DOC ..;, .....L..j,..liifi!.mi~ltL~,~:.:,.,;,.L,~, :;~ ::r ;r!r.~:.~,;~~:"" ::""". ::~~ :: :.. ~:r'::,__JiL~,-;::"~: r 7' '~ '" (1) The proposed activity or use of the park will n()'9rlr~~sonably interfere with or distract from the enjoyment of the park by other park."iis!t9t~.\ or disturb residentially zoned properties and park visitors in proximity to the park. <'.' '<> (2) ,_. ...... That the proposed activity or use will not unreasgpably int~'rfere with or detract from the promotion of public health, welfare, safety, comfqrf and recr~ation; provided that this does give right to exclusive use of park facilities., .;..: (3) .....................-.'-.. ......'-.,.,','..,., ..-....,....'....... .........--.....--..,....... ............ That the proposed activity or use is not reasonatilyial'\'iqjp~ted.tQ~ntice violence, prime or disorderly conduct.' )'/' " .., ...... .. ,. ,-.........,.. ,....-. ............ .-' "," (4) That the proposed activity will not entail unusual, extraordinary':~gt4e,h 9t~xpeb$~ for the City. <> \\c)/ .C;;>() .,.,./ ,.-:-:-:<." ,n. .., .-.,.". -......., ..'.... .....' ......,. .,." ... ...-. .... .., ....-. ,...... ,".'., -,........: 702.1004 Denial of Permit. Within fie (5) days after the receipt of a completed ~pplleat~~bl;;the Director of Parks and Recreation shall apprise an applicant in writing for tt:l@(reasons for refusing to issue a permit, and any aggrieved park visitor shall have the rigHFto 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. 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. 702.1100: PROTECTION OF PROPERTY, STRUCTURES AND NATURAL RESOURCES. 702.1101 Damaging or Removing Property Prohibited. No park visitor shall willfully deface, vandalize or otherwise cause the destruction of park property. 702.1102 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 H:\CODE\BUSSEAMD.DOC 702.1103 702.1104 702.1105 702.1200 ). . -'" or around any park. No park visitor shall intr~4~~hY, form of vegetation within a park without the permission of the Director of Parks a:h~:R~qt~~!ion. ,.:::~ "\:>:-:-:-:-:-:'~ \,:::;::::::\ Birds or Animals. No park visitor shall willfully or"wlthouf.~!Jthority kill, trap, hunt, pursue or in any manner disturb or interfere with any sp~:Cies of "Wild life in any park. No park visitor shall release any insect, fish or animal in ~nY park or ::public land without permission from the Director of Parks and Recreation.:.. .. .,>:-:.' ,:-:.:: /..:.;.:-r .-:.:-:-: ...'.........., . ~,:::.:.:.:.:.:-:.:.:<.:'... ...~.-,-.':'.:.:.:.:.:-:.., ::::-:-:<.:.:.:~.;.~ Eiru. No park visitor shall ignite a fire in any patk;~~ge#t i~,..pl~~s provided by,Jhe City with receptacles manufactured for such purposes. The igniti'19}bf ftr@~~.may q'~;' further limited or prohibited by park rules. No park visitor igniting or att~ndil)9.:~:tlr.~ shal!]~ave the area before the fire has been completely extinguished.' <,,:f'" .{\ ::;.:;' \......))':..:..:~.. .,.:..'./...........;; '" ~(~~:{~J<~{ ,/. !::::::,/ A}f\;~;~\~\} Excavations. No park visitor shall dig trenches or make other excavatio:O$ within a"p@d5h .:.::..>,l\1\~~!:ll'r~::6::j~.\~"y}' USE OF ALCOHOL WITHIN A PARK FACILITY: Intoxicating liquors and Qpn.iotqx!~t!ng .... :... I.....'. ,h.,< malt liquor may only be consumed and displayed in a park, subject t~.jit~' fd!!9W1ng provisions: \'>;;? '.;,;" (1 ) Intoxicating 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 Director of Parks and Recreation. (2) Roadways and Parking 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 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 Director of Parks and Recreation. The City shall grant the permit if in the judgment of the Director of Parks and recreation 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. H:\CODE\BUSSEAMD.DOC . ~:.Io., J'" ~",~~':w"': ,'" oJiJ. :iii. ~,~ ......... ,~-... .'..............-'"'............ ,.. l,t',. <<~~.!..,~.;",;,,"~"""",.oiI....,_ ~. ". . , ;';',- 702.1300 RESTITUTION, ENFORCEMENT AND PENAL T~~S: In a~dition 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 dartl~ge caus~p, including, but not limited to, the cost of repairs, replacement and any fees th~Ri~-m~~Ph~y~ipcurred, including legal, in enforcing the provisions of this Section. c,;;,/' 'ii"") /'. :::/ /:>::j r" .,>:<.:, .....>:-:-:-.~ A park visitor guilty of violating any provision of this Secti?n,/~b~II:'ibe 9y.ljiy of a misdemeanor, which is punishable by a fine of not more th~Ij,&~ven'bundr~d doll(;lrs ($700.00), or by imprisonment for a period not to exceed ninety (9b);~lE!y~,;;or 99~h. /""';,;: ;:j (/, ....., The Chief of Police shall have the principle responsibility of enforcing thJ,~f6y.i~i.on~('qfthiS Section. In addition, designated Prior Lake parks employees may, in conneqtiqQ,::Wltn their duties imposed by law, diligently enforce the provisions of this Section ar;ld$j~qt fn:;>m parks, park visitors acting in violation of this Section. " ;; ":::<(;>' ':-:-:'. -,:-,', :':':'.:-:', The Director of Parks and Recreation shall have the authority to revoke f6fgood cause any permit or reservation issued by the Director of Parks and Recreation. Nothing in this Section shall prevent employees or agents of the Prior Lake parks 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. :::::::\:::\\:::::::\:::::\\\:\\:::\:\:\::::\:\\\:I:III\:I\tl6i:::I~I::.I~i.:::~i:::f.iiiieIU~i::fi~::I~i?Q~~i..tiQij:::~:li~Ui~i::i'::m~i:::liiUii~:::I\:\:\II (This Space Intentionally Blank For Future Amendments) H:\CODE\BUSSEAMD.DOC