Loading...
HomeMy WebLinkAbout97-19 Use of Public Parks ORDINANCE NO. 97- 19 CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 9, CHAPTER 2, OF THE PRIOR LAKE CITY CODE REGULATING 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PARKS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS: The Prior Lake City Code, Title Nine, Chapter 2, is hereby repealed and replaced as follows: PARKS 9-2-1: PURPOSE.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) 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. (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. 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 substance defined as a controlled substance by Chapter 152, Minnesota Statutes or other statutes of Federal laws or regulations. Intoxicating Liquor: Any liquor which is intoxicating pursuant to State law and includes ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing in excess of three and two-tenths percent (3.2 %) alcohol by weight. Motorized Recreational Vehicle: Any self-propelled, off-the-road or all conveyance vehicle, including but not limited to, a snowmobile, minibike, amphibious vehicle, motorcycle, go-cart, trail bike, dune buggy or four-wheel drive. Nonintoxicating Liquor: Malt: A beverage containing not more than three and two- tenths percent (3.2 %) alcohol by weight. Nude: Means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a full covering or any portion thereof below the top of the nipple. Park: Means a park, playground, swimming pool, lake, pond, stream, trail, nature area, open space area or recreation center under the control of the City. Park shall also mean any other property owned, leased, used or controlled, wholly or in part, by the City for park or recreational use. Park shall include roadways and parking areas within the parks. Park Visitor: Any person, firm, partnership, association, corporation, governmental unit, company or organization of any kind within a park. Vehicle: Any motorized, propelled, animal-drawn or human-powered machine used to convey people, animals or property. Watercraft: Boat, canoe, raft or any other object or apparatus used to carry people, animals or property on water. Weapon: Any device from which shot or projectiles of any type can be discharged by means of an explosive, gas, compressed air or otherwise 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, 2 reptiles, crustaceans and mollusks. 9-2-4: PARK HOURS. (A) 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 otherwise 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 Closing. The following activities may continue in parks after the parks normal closing hours: 1. City sponsored and supervised activities which, because of the nature 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. 9-2-5: GENERAL CONDUCT WITHIN CITY PARKS. It shall be unlawful for any person in a park to: (A) 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. (B) Disturb, harass or interfere with any park visitor or park visitor's property. (C) Deposit, scatter, drop or abandon any bottle, can, broken glass, cigarette butts, sewage, waste or other material, except in receptacles provided for such purpose. (D) Enter a park with glass beverage bottles or glass beverage containers. 3 (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, burning 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 from the Department of Parks and Recreation. (I) Play the game of golf, engage in putting, practice swinging, or the striking of any golf balls or other objects in any park. (1) 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) 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. (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. (e) 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. (E) Boating: It shall be unlawful for any park visitor to: 4 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 shaH be unlawful for any park visitor to: 1. Fish in a park in violation of any provision of Minnesota Statutes, Chapter 1 0 1. 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) Bicycling: 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) Meetings. Speeches. Demonstrations and Parades: It shall be unlawful for any park visitor to conduct public meetings, assemblies, entertainments, parades or demonstrations within a park without first obtaining a written permit from the Director of Parks and Recreation, and then only in the area designated in the permit. 9-2-7: DOGS AND C~t\ TS. 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 park. 5 (E) 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. (F) 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. 9-2-8: VEHICLES. (A) 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 or 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. 9-2-9: 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 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. 9-2-10: PARK OPERATION AND PERMITS. 6 (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 which is 11:00 p.m. and 5:00 a.m. (C) Application For Permit. The Director of Parks and Recreation or the City Manager shall issue a permit upon finding that: 1. The proposed activity or use of the park will not unreasonably interfere with or distract from the enjoyment of the park by other park visitors, or disturb residentially zoned properties and park visitors in proximity to the park. 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. (E) Conditions of Permit. 7 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. 9-2-11: PROTECTION OF PROPERTY, STRUCTURES AND NATURAL RESOURCES. (A) Damaging or Removing Property Prohibited. No park visitor shall willfully deface, vandalize or otherwise cause the destruction of park property. (B) Flowers. Trees and Shrubs. No park visitor shall willfully and without authority cut, pluck or otherwise remove or injure any flowers, shrubs, trees or other plant material growing in or around any park. No park visitor shall introduce any form of vegetation within a park without the permission of the Director of Parks and Recreation. (C) 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. (D) Releases. No park visitor 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 rules. No park visitor igniting or attending a fire shall leave the area before the fire has been completely extinguished. (F) Excavations. No park visitor shall dig trenches or make other excavations within a park. 8 9-2-12: 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: (A) 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. (B) 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. (C) 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. (D) 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 permit 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. 9-2-13: RESTITUTION, ENFORCEMENT AND PENALTIES. (A) Restitution. 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 any provision of this Chapter shall be guilty of a misdemeanor, which is punishable by a fine of not more than seven hundred dollars ($700.00), or by imprisonment for a period not to exceed ninety (90) days, or both. 9 12/01/97 MON 12:44 FAX 612 452 5550 CAMPBELL [4J 002 (C) The Chief of Police shall have the principle responsibility of enforcing the provisions of this Chapter. In addition, designated Prior Lake par.ks employees may, in connection with their duties imposed by law, diligently enforce the provisions of this Chapter and eject from parks, park visitors acting in violation of this Chapter. (D) The Director of Parks and Recreation shall have the authority to revoke for good cause any permit or reseIVation issued by the Director of Parks and Recreation. (E) N athing in this Chapter shall prevent employees or agents of the Prior Lake parks from performing their assigned duties. (F) No person shall impersonate any employee of the City parks nor interfere with, harass nor hinder any employee in the discharge of his duties. (G) Nothing in this Chapter is intended to waive the application of State law wilhin parks. PASSED and ADOPTED this / 'f day of V(..!lf&J1~) 1997. YES NO Andren ~ Andren Greenfield ~ Greenfield Kedrowski >< Kedrowski Mader >< Mader rot . .. >< ~,..hp..,rli' CITY OF PRIOR LAKE (Seal) By:~ ~~/.u, Lee ndren, Mayor 10