HomeMy WebLinkAbout8B - Public Parks Ordinances
CITY COUNCIL
STAFF AGENDA REPORT
DATE:
8B
PAUL HOKENESS, P ARKS AND RECREA TION
DIRECTOR
CONSIDER APPROVAL OF ORDINANCE 97-XtX
AMENDING TITLE 9, CHAPTER 2 OF THE PRIOR
LAKE CITY CODE REGULATING THE USE OF
PUBLIC PARKS.
NOVEMBER 17, 1997
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
INTRODUCTION:
The purpose of this agenda item is to consider revisions to
the Parks Ordinances. Each year the City Council helps set
the goals for the Parks Advisory Committee. One of the
goals for 1997 was to review and make recommendations to
the City Council regarding the revision of Park Ordinances
Furthermore, it states that the following process should be
followed: Review the existing Park Ordinances and make
revisions; present revisions to the City Attorney for legal
opinion; and present the revisions to the City Council for
approval.
BACKGROUND:
Ordinances pertaining to City Parks are located in section 9,
chapter 2 of the Prior lake City Code. The ordinances needs
to be updated periodically to make sure it reflects the prese;1t
day needs and situations of the community. When
ordinances are updated it also creates an opportunity to
correct and/or simplify ordinances so they can be interpreted
more easily. The current Park Ordinances have not been
updated for many years. Staff has attained Park Ordinances
from surrounding communities to get examples of specific
language. The City Attorney reviewed the existing ordinance
and has reworded and reorganized the ordinance so that it is
up to date and formatted properly.
DISCUSSION:
The changes contemplated have been reviewed and drafted
by staff and the City Attorney. The Parks Advisory
Committee reviewed and made recommendations at their
June 9, 1997 meeting. We have attached copies of the
existing ordinance as well as the revised ordinance. As you
can see it has been reformatted and it is difficult to compare
16200 ~~e. S,E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 417-4245
AN EQUAL OPPORTUNl1Y EMPLOYER
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ISSUES:
ALTERNATIVES:
RECOMMENDATION:
PARKORD.DOC
names the Chief of Police as the person responsible for
enforcing the provisions of this chapter concerning parks.
Restitution language was added for those who vandalize
or cause destruction to Park property.
. Language was added to restrict the use of fires, golf,
nudity or horseback riding in City Parks.
At their November 10, 1997 Work Session the Council
discussed the proposed ordinance in considerable detail. As a
result of that discussion changes were made as follows:
. 9-2-6: (F) 2 was revised to read, "Fish in designated
swimming area."
. 9-2-7 heading to read: DOGS AND CATS
. 9-2-10 (B) Combines 1, 2, 3, to read: Carnivals,
Community Celebrations, Public Meetings, Assemblies,
entertainments, parades or demonstrations, regardless of
the number.
. 9-2-10 (B) 2 "Gatherings of 25 or more park visitors,
including picnics or political gatherings."
. 9-2-10 (B) 4 "Bringing kegs or barrels of intoxicating or
non-intoxicating malt liquors or any wine into the parks".
. 9-2-10 (B) 5 "Contests and Exhibitions, including among
other things those requesting exclusive use or charging
admission, regardless of the number."
These revisions are reflected in the attached ordinance draft.
The Council may wish to further discuss the ordinance prior
to considering its adoption.
The Council has the following alternatives.
1. Adopt the ordinance as presented or with amendments as
the Council deems appropriate.
2. Defer action upon the ordinance for a specific reason.
Alternative 1.
..,
.)
y; ...:
;t
ACTION REQUIRED:
Motion and second to adopt the ordinance as proposed or
with amendments as t Council deems appropriate.
REVIEWED BY:
PARKORD.DOC
4
9- 2-1
SECTION:
9-2-1 :
9-2-2:
9-2-3:
9-2-4:
9-2-5:
9-2-5-1 :
9-2-5-2:
9-2-5-3:
9-2-5-4:
9-2-5-5:
9-2-5-6:
9-2-5-7:
9-2-6:
9-2-6-1:
9-2-6-2:
9-2-7:
9-2-8:
9-2-9:
E ",,\~+~
9-2-2
CHAPTER 2
CITY PARKS
Purpose
Definitions
General Conduct
Protection Of Natural Resources And Wildlife
Restricted Activities
Camping
Swimming
Boating
Fishing
Horseback Riding
Bicycling
Meetings, Speeches, Demonstrations And Parades
Vehicles
Vehicles
Motorized Recreation Vehicles
Park Operation
Enforcement And Penalty
Waiver
9-2-1: PURPOSE: The purpose of this Chapter, which is enacted
pursuant to Minnesota Statutes. is to secure the quiet, orderly
and suitable use of public parks, trail systems and public access to lakes
established by the City, and to further the safety, health, comfort and
welfare of all persons in the use thereof. (Ord. 77-5, 6-26-1977)
9-2-2:
this Section:
DEFINITIONS: For the purpose of this Chapter, the terms
defined in this Section shall have the meanings given them in
896
City of Prior Lake
9-2-2
DOMESTIC ANIMAL:
DRUGS:
INTOXICATING LIQUOR:
MOTORIZ=D RECREA.-
Tl0N VEHICLE:
NONINTOXICATING
MALT LIQUOR:
PARK:
PARK VISITOR:
PARKS AND
RECREAT10N
DIRECTOR:
PRIOR LAKE PAP.KS:
VEHICL=:
WEAPON:
9-2-2
A dog, cat or horse.
Any substance defined as a controlled sub-
stance by chapter 152, Minnesota Statutes or
other statutes of Federal laws or regulations.
Any liquor which is intoxicating pursuant to
State law and indudes ethyl alcohol. distilled,
fermented, spirituous, vinous and malt
beverages containing in excess of three and
two-tenths percent (3.2%) alcohol by weight.
Any self-propelled. oIT-the-rcad or ad-terrain
conveyance, inc!uding but not limited to, a
snowmobile, minibike, amphibious vehicie.
motorcycle. go-cart, trail bike. dune buggy or
four-wheel drive.
A beverage containing not more than three and
two-tenths percent (3.2%) alcohol by weight.
Any land or water area and all facilities thereon,
established as a park by the City pursuant to
State statutes.
A.ny person, firm, partnership, association,
corporation, governmental unit, company or
organization of any kind within a park.
The person apoointed by the City Manager to
serve as the chief administrative officer of the
City park system.
The park organization or system in the City,
Any motorized, prooelled. animal-drawn ct
human-powered conveyance.
Any device from which snort 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.
293
Ct;1 or" P,-;,or Lake
9-2-2
9-2-3
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.
,'-
9-2-3:
GENERAL CONDUCT: It shall be unlawful for any person to:
(A) Use threatening, abusive, insulting, obscene or indecent language or
to act in an indecent manner, or to do any act which constitute a
breach of the public peace in a park. (Ord. 77-5, 6-26-77)
(B) Have in possession or bring into a park "nonintoxicating" or
"intoxicating" malt liquor or beer in kegs or barrels without a permit
from the Parks and Recreation Director, (Ord. 78-10. 6-26-78)
(C) Consume any alcoholic beverage, whether "intoxicating liquor" or
"nonintoxicating liquor", in any park between the hours of ten o'clock
(10:00) P.M. and five o'clock (5:00) A.M. with the exception of City
scheduled activities or with the written permission of the Parks and
Recreation Director. (Ord. 92-06, 6-15-92)
(D)
Disturb, harass or interfere with any park visitor or a park visitor's
property.
(
(E) Deposit, scatter, drop or abandon in a park any bottles, cans, broken
glass, sewage, waste or other material, except in receptacles
provided by such purposes.
(F) Enter a park with glass beverage bottles or glass beverage
containers.
(G) Dig trenches or make other excavations in a park.
(H) Throw, discharge or place in or upon any lake, stream, creek, pond
or other body of water in or adjacent to a park, or any tributary,
stream, storm sewer or drain flowing into such waters, any
substance, liquid or gas.
(I) Gamble or participate in any game of chance in a park.
293
City of Prior Lake
- T;: "11;
9-2-3 9-2-3
(J) Use any land or body of water within a park for a starting or land
field for aircraft, balloons or parachutes, without a permit from the
Parks and Fl.ecreation Director.
(K) Start a fire in a park, except a small fire for culinary purposes in a
designated area, or fail to fully extinguish such a fire.
(L) Drop, throw or otherwise leave unattended in a park, lighted
matches, burning cigars, cigarettes, tobacco, paper or other
combl:Jstible'materials.
293
City of P,-:or Lake
9-2-3 9-2-5-1
(M) Sell, solicit or carry on any business or commercial enterprise or serve in a
park unless authorized by the Park Director in writing.
(N) Use loudspeakers or other amplifying systems in a park except with
written permission from the Park Director.
9-2-4:
PH OTECTIO'l OF ,'l A Tt.'R AL R ESO t'H CE:' A~ D WILD LIFE: It
shall be unlawful for any person to:
(A) Injure, destroy or remove any tree, flower, shrub, plant, rock, sod and
mineral in a park.
(B) Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbea,
any species of wildlife within a park, except that fishing may be permitted
in designated areas.
(C) Shoot any weapon into a park from beyond park boundaries.
(D) Bring a dog, cat, horse or other domestic animal into a park unless under
the control of the owner or attendant and such custodian shall have the
responsibility of cleaning up any feces of the animal and shall dispose of
such in a sanitary manner.
(E) Bring or permit any dog, cat, horse or other domestic animal to enter a
beach area, nature center area, picnic area, park building or skating rink.
(F) Permit a dog, cat, horse or other domestic animal to disturb, harass or
interfere with any park visitor or park visitor's property.
(G) Possess any weapon (as defined in Section 9-3-2 hereof) within a park.
(H) Release within a park any plant, chemical or other agent potentially
harmful to the vegetation or wildlife of the park.
(I) Remove any animal, living or dead, from a park and any animal so
removed or taken contrary to the provisions of this Chapter or laws of the
State shall be considered contraband and subject to seizure and
confiscation.
9-2-5: RESTRICTED ACTIV1TIES:
9-2-5-' :
CAMPING: It shall be unlawful for any person to camp in a park
except with written permission of the Park Director.
9-2-5-2
9-2-5-0
9-2-5-2.
S7rll\li'r1I?'iG: It shall be unlawful for any persen to:
(.A i Wade or swim within a park except at beaches designated for that
purpose, and then only between sunrise and sunset, or such hours as may
be designated by the Park Director, and park visitors shall swim or wade
at thei r own risk.
(Bl Take bottles or glass of any kind, exceot eveglasses into a designated
beach area,
(Cl Use air manresses, inner tubes or O1:her inflatable devices except in
designated beach areas.
9-2-5-3:
BOATI~G: It shail be unlawful for any person to:
(A) Launch or land any boat, yacht. canoe, raft or otner watercraft :.JDon any
water, lagoon, lake, pond or slougn within a park except at locations anc
times designated for that purpose.
(B) Operate any watercraft in a designated swimming area or other prohibited
area.
(D) Operate any watercraft in a park in violation of Minnesota Statutes,
Chapter 361, "Waters and Watercraft Safety".
9-2-5-4:
F1SHI~G, It shall be unlawful for any person to:
(A) Fish in a park in violation of any provision of Minnesota Statutes, Chapter
101.
(B} Fish in a park area designated as a swimming area.
(Ci Leave any structure or sheiter in any park for more than forty eight (48)
hours.
9-2-5-5:
HORSEBACK RIDING: It shall be unlawful for any person to ride
a horse in a reckless manner or in a manner to create 3 nuisance
or to likely endanger the safety of any park visitor.
9-2-5-B:
BICYCLING, It shall be unlawful for any person to operate a
bicycle except at park designated bikeways and roadways, and
except as dose to the right-hand side thereof as conditions will
permit.
9-2-5-7
9-2-7
9-2-5-7: MEETINGS, SPEECHES, 1>E.\10NSTRATlO;'iS AND PARADES: It
shall be unlawfui for any person to conduct public meetings,
assembl ies, entertainments. parades or demonstrations within a park without first
obtaining a written permit from the Park Director, and then only in the area
designate{! in the permit.
9-2-6:
VEHICLE:":
9-2-6-1 :
VEHICLES: It shall be unlawful for any person to:
(Al Operate any vehicle within a park except upon designated roadways and
park i ng areas.
(B) Operate a vehicle in a park at a speed in excess of posted speed limits.
(e) Park or leave a vehicle standing within a park except at a designated
parking area.
(0) Operate a vehicle which emits excessive or unusual noise, noxious fumes,
dense smoke or other polluting matter.
(Ei Operate a vehicle in a reckless or careless manner In a park.
(F) Wash, polish, grease, change oil or repair any vehicle in a park.
9-2-6-2:
MOTORIZED RECREATION VEHICLES: It shall be unlawful for
any person to:
(Al Operate a motorized recreation vehicle within a park except on designated
roadways and parking areas.
(B) Operate a snowmobile within a park other than on designated trails within
the park for snowmobile traffic.
9-2-7:
PAR K OPERATION:
(A) A person may be granted a permit for temporary exclusive use of reserved
space within a park. (Ord. 77-5, 6..27..77) /'
(B) No person shall remain within a park between the hours of ten o'clock (10:00)
P.M. and five o'clock (5:00) A.M_ with the exception of City-scheduled activ-
ities or with the written permission of the Parks and Recreation Director. (Ord.
86-07, 1 1 - 1 Q.86)
1187
:0
9-2-7
9-2-9
IC) Any permit granted pursuant to this Chapter may be revoked upon the
violation by the permittee of any ordinance. rule or regulation of City parks.
(0) It shall be unlawful for any person to use any facility or area for which a fee
or charge has been established by the CitY without payment of such fee or
charge.
(E) The City shall not be liable for any loss, damage or injury sustained by a
park visitor.
(F) Any park or portion thereof may be declared dosed to the oublic by the
C:ty Councilor the ;:lark Director at any time and for any :nter/al of time :Jr
to cer:ain uses, as tt'1e CitY Counc:1 or ;:larK Director shail Find reasonaoly
necessar/. lOrd. 77-5,6-27-77)
9-2-8: F.:'IFORCD1DT AND PE.'lALTY:
(AI A person guilty of violating any provision of this C;,apter shall be guilty of 3
misdemeanor which is punishable by a fine of not more than five hundred
dollars (S500.00l, or by imprisonment for a peried not to exceed ninety
(90) days, or both. (Ord. 77-5, 6-27-77; amd. 1979 Code)
(8)
Designated Prior lake parks employees may, in connec:ion with their duties
imoosed by law, diligently enforce the provisions of this Chapter and eject
from parks, persons acting in violation of this Chapter.
r!"
i
~-
(e) The Park Oirec:or shall have the authoritY to revoke for good cause any
permit or reservation issued by the Park Oirec:or.
(O) The City Council or Park Director shall have the right to issue administrative
rules and regulations that may be established by the Councilor Park
Director.
(El Nothing in this C;,apter sMail prevent emoloyees or agents of ,he Prior Lake
parks from performing their assignee duties.
(F) :'\Jo person shall impersonate any employee of :he City parks nor interfere
witn, harass nor hinoer any employee in the discharge of his duties.
9-2-9: WAIVER: Any prOVISion of this Chapter may be waived at the
discretion and direction of the City Manager. (Ord. 77-5. 6-27-77)
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!4l 006
ORDINANCE NO. 97-
CITY OF PRIOR LAKE
SCOTT COUNTY , MINNESOTA
AN ORDINANCE AMENDING TITLE 9, CHAPTER 2, OF THE
PRIOR LAKE CITY CODE REGULATlNG THE
USE OF PUBLIC PARKS
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS:
The Prior Lake City Code, Title Nine, Chapter 2, is hereby repealed and replaced as
follows:
PARKS
9-2-1: 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 Chapter 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
Chapter are also intended to protect the environment and the natural resource entrusted
to our care.
9-2-2: AUTHORITY.
(A) The City Manager shall administer the parks and recreation policies of the City_
(B) The City Manager may delegate or assign any or all of the duties and responsibilities of
this Chapter 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.
(C) The City Manager shall have the right to issue administrative rules and regulations
governing the:: operation of City parks.
(D) Any provision of this Chapter may be waived at the discretion and direction of the City
Manager.
(E) The City Council shall annually establish fees for the various permits required by this
Chapter.
9-2-3: DEFINITIONS. For purpose of this Chapter, the terms defined in this Section shall
have the meanings given them in this Section. Any undefined term used in this Section
shall have its usual and customary meaning.
11/12/97 WED 15:24 FAX 612 452 5550
CAMPBELL
[4J 007
Director of Parks and Recreation: The person appointed by the City Manager to serve
as the chief administrative officer of the City park system.
Domestic Animal: A dog or cat.
Drugs: Any Sllbstance defined as a controlled substance by Chapter 152, Minnesota
Stamtes 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
ex.cess 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, swinuning 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 {O 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.
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11/12/97 WED 15:25 FAX 612 452 5550
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l4J 008
9-2-4:
(A)
PARK HOURS.
Parks to be closed. All parks, with the exception of Memorial and Ponds Parks, will
close at 10:00 P.M. each day and shall remain closed until 5:00 A.M. on the following
day. Except as o1fu=rwise provided in this Chapter, no one shall be in any park, with the
exception of Memorial and Ponds Parks, between the hours of ten o'clock (10:00) P.M.
and five o'clock A.M., nor when the park has been closed at other times pursuant to an
order of the City Manager.
Memorial and Ponds Parks will close at 11:00 P.M. each day and shall remain closed
until 5:00 A.M. the following day. Except as otherwise provided in this Chapter, no one
shall be in Memorial or Ponds Parks between the hours of 11:00 P.M. and 5:00 A.M.,
nor when the park has been closed at other times pursuant to an order of the City
Manager.
(B) Activities Permitted After Closirur. The following activities may continue in parks after
the parks normal closing hours:
(C)
9-2-5:
(A)
(B)
(C)
1. City sponsored and supervised actIvItIes which, because of the narure of the
activity, cannot be held during the time when the parks are open.
2. Activities conducted pursuant to a Parks and Recreation Department permit issued
under Section 9-2-8 of this Chapter.
3. From November 15 to March 15, during the hours of ten o'clock (10:00) P.M.
and five o'clock (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.
Authority To Close or Restrict Use of 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.
GENERAL CONDUCT WITHIN CITY PARKS. It shall be unlawful for any person
in a park to:
Use threatening, abusive, insulting, obscene or indecent language; act in any indecent,
lascivious or improper manner, commit any nuisance, appear nude or semi-nude, or to
do or cause any act which constitutes a breach of the peace.
Disturb, harass or interfere with any park visitor or park visitor's property.
Deposit, scatI:r, drop or abandon any bottle, can, broken glass, cigarette butts, sewage,
waste or other material, except in receptacles provided for such purpose.
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[4] 009
l '
(D) Enter a park with glass beverage bottles or glass beverage containers.
(E) Gamble or participate in any game of change unless it is part of an organized Parks and
Recreation Department event.
(F) Drop, throw or otherwise leave unattended lighted matches, buming cigars, cigarettes,
tobacco, paper or other combustible materials.
(G) Sell, solicit or carry on any business or commercial enterprise or service in a park
without first obtaining a permit from the Department of Parks and Recreation.
(H) Use any loudspeaker or other amplifying system or devise without a permit fTom the
Department of Parks and Recreation.
(1) Play the game of golf, engage in putting, practice swinging, or the striking of any golf
balls or other objects in any park.
(J) Remove any animal, living or dead from a park. Any animal removed from a park: or
taken contrary to the provisions of this Chapter or State Statutes shall be considered
contraband and subject to seizure and confiscation.
9-2-6: RESTRICTED ACTIVITIES.
(A) Camoing. It shall be unlawful for any park visitor to camp in a park except with written
permission of the Director of Parks and Recreation.
(B) 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.
(C) Swimming. It shall be unlawful for any park visitor to:
1. Wade or swim within a park except at beaches designated for that purpose, and
then only between sunrise and sunset, or such hours as may be designated by the
Director of Parks and Recreation. Park visitors shall swim or wade at their own
risk.
2. Take bottles or glass of any kind, except eyeglasses into a designated beach area.
3. Use air mattresses, inner tubes or other inflatable devices.
(D) 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.
4
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11/12/97 WED 15:25 FAX 612 452 5550
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[4J 010
(E) Boating: It shall be unlawful for any park visitor to:
1. 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.
2. Operate any watercraft in a designated swimming area or other prohibited area.
3. Operate any watercraft in a park in violation of Minnesota Statutes, Chapter 361,
"Waters and Watercraft Safety".
(F) Fishing: It shall be unlawful for any park visitor to:
1. Fish in a park in violation of any provision of Minnesota Statutes, Chapter 101.
2. Fish in a designated swimming area.
3. Leave any structure or shelter designed for ice fishing in any park for more than
forty eight (48) hours.
(G) Bicvcling: It shall be unlawful for any park visitor to operate a bicycle except on park
designated bikeways and roadways, and except as close to the right-hand side thereof as
conditions will permit.
(H) Meetim!s. Soeeches. 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 Director of Parks and
Recreation, and then only in the area designated in the permit.
9-2-7: DOGS AND CATS. It shall be unlawful for any park visitor to bring a dog or cat into
a park, with the exception of seeing-eye dogs and police dogs, unless:
(A) The dog or cat is properly licensed.
(B) 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.
(C) All dogs or cats shall be restrained at all times on adequate leashes not longer than six
feet.
(D) 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 it in a sanitary manner.
which may include depositing it in any designated waste receptacle located in the public
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11/12/97 WED 15:25 FAX 612 452 5550
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141011
(E)
(F)
9-2-8:
(A)
9-2-9:
parle
Park visitors bringing a dog or cat into a park shall not permit the animal to disturb,
harass or interfere with any park visitor or any park visitor's property, or wildlife.
No dog or cat shall be permitted on beach area, nature center area, park building, skating
rink, or any athletic fields located in: Memorial Park, Ponds Park, Lakefront Park, or
nay other Athletic Complex in the City.
VEHICLES.
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 Statutes, Section 169 is hereby specifIcally adopted by
reference except those provisions which by their nature have not application. It shall be
unlawful for any park visitor to:
1. Operate any vehicle within a park except upon designated roadways and parking
areas.
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 Of careless manner in a park.
6. Wash, polish, grease, change oil or repair any vehicle in a park.
(B) Motorized Recreation Vehicles: It shall be unlawful for any park visitor to:
1. Operate a motorized recreation vehicle within a park except on designated
roadways and parking areas.
2. Operate a snowmobile within a park other than on designated trails within the
park for snowmobile traffic.
SPECIAL USE: No park visitor or group shall have special use of all or any portion
of a park unless they have fust reserved the property with the Park and Recreation
Deparnnent 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.
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9-2-10:
PARK OPERATION AND PERMITS.
(A)
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.
(B)
Permits Required. A permit shall be obtained from the City before participating in any
of the following activities in a City park:
1. Carnivals, Community Celebrations, public meetings, assemblies. entertainments.
parades or demonstrations regardless of the number.
2. Gathering of 25 or more park visitors, including picnics or political gatherings
3. Contests and Exhibitions, including among other things those requesting exclusive
use or charging admission, regardless of the number.
4. Bringing kegs or barrels of intoxicating liquors or nonintoxicating malt liquors or
wine into a park
5. Bringing intoxicating liquor other than beer into a park
6. To be in or use a park between the hours of 10:00 pm and 5:00 am.
except for Memorial Park and the Ponds wbich is 11 :00 p.m. and 5:00 a.m.
(C) Aoolication For Permit. The Director of Parks and Recreation or the City Manager shall
issue a permit upon finding that:
1. The proposed activity Of use of the park will not unreasonably interfere with or
distract from the enjoyment of the park by other park vi.sitors, or disrorb
residentially zoned properties and park visitors in proximity to the park_
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.
(D) Denial of Permit. Within five (5) days after the receipt of a completed application, the
Director of Parks and Recreation 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 (C) above, and sustain
or overrule the decision within fourteen (14) days. The decision of the City Manager
shall be final.
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(E) Conditions of Permit.
9-2-11:
(A)
(B)
(C)
(D)
1. 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.
2. 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.
3. 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.
4. A permit under this Section may not be transferred to any party other than the
applicant.
PROTECTION OF PROPERTY, STRUCTURES AND NATURAL RESOURCES.
Damaging or Removing Prooertv Prohibited. No park visitor shall willfully deface,
vandalize or otherwise cause the destruction of park property_
Flowers. Trees and Shrubs. No park visitor shall willfully and without authority cut,
pluck or otherwise remove or injure any flowers, shrubs, trees or other plant. materjal
growing in or around any park. No park visitor shall introduce any form of vegetation
within a park without the permission of the Director of Parks and Recreation.
Birds or Animals. No park visitor shall willfully or without authority kill, trap, hunt,
pursue or in any manner disturb or interfere with any species of wildlife in any parK.
No park visitor shall release any insect, fish or animal in any park or public land withouT.
permission from the Director of Parks and Recreation.
Releases. No park visir.or shall release in any park or on any public property any plant,
chemical or other agent potentially harmful to the vegetation or wildlife within the park
or on the public property. No park visitor shall throw discharge or place any substance,
liquid or gas in or on any lake, stream, creek, pond or other body of water in or adjacent
to a park, or any tributary, stream, storm sewer or drain flowing into such waters.
(E)
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 roles. No park visitor igniting or attending a fIre
sha111eave the area before the flre has been completely extinguished.
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(F)
9-2-12:
(A)
(B)
(C)
(D)
9-2-13:
Excavations. No park visitor shall dig trenches.or make other excavations within a park.
USE OF ALCOHOL WITHIN A PARK FACILITY. Intoxicating liquors and
nonintoxicating malt liquor may only be consumed and displayed in a park, subject to the
following provisions:
Intoxicating Liauors. 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.
Roadways and Parkin2: 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.
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.
Ouantities. No park visitor shall bring into a park intoxicating liquors or nonintoxicating
malt liquor in kegs or barrels, except as provided in this Section. 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 pennit is granted shall only be conducted within the
area designated in the permit.
(E)
Minnesota Statutes, Chapter 340A is hereby. specifically adopted by reference except
those provisions which by their nature have no application.
RESTITUTION, ENFORCEMENT AND PENALTIES.
(A)
Resrimtion, In addition to any other penalties provided by this Chapter, any park visitor
violating the provisions of Section of this Chapter 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 Chapter.
(B)
A park visitor guilty of violating ary provision of this Chapter shall be guilty of a
misdemeanor) which is punishable by a fine of not more than seven hundred dollars
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