HomeMy WebLinkAbout105-0916200 Eagle Creek Avenue $.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 105- 09
Motion: LeMair Second: Zieska
AN ORDINANCE AMENDING SECTION 702 OF THE PRIOR LAKE CITY
CODE REGULATING PARKS
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 702 of the Prior Lake City Code is hereby amended in its entirety as follows:
702.100:
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.
702.200:
AUTHORITY: The City Manager shall administer the parks and recreation'
policies of the City. The City Manager may delegate or assign any or all of
the duties and responsibilities of this Section to thc D!mctcr cf Parks and
Racraat!c.". cr other City personnel. The actions of the D!ractor cf Parks
and Rccrcat!c.n other City personnel shall have the same force and effect
as if taken by the City Manager. The City Manager shall have the right to
issue administrative rules and regulations governing the operation of City
parks.
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.
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www. cityofpriorlake, com
PAGE I
Phone 952.447.4230 / Fax 952.447.4245
702.300:
DEFINITIONS: For the purpose of this Section, the terms defined in this
subsection shall have the meanings given them in this Section. Any
undefined term used in this Section shall have its usual and customary
meaning:
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.
Watercra~ 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
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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.
702.400:
PARK HOURS: With the exception of Memorial Park, Ponds Park and
Thomas Ryan , Jr. Memorial Park thc p3rk being de';e!eped o.q the
~.,..~.....j~' fcrmer!:,' ...... .. .... .....'~ ..j~"' *~'"..... Busses, all parks will close at 10:00 p.m.
each day and shall remain closed until 5:00 a.m. on the following day.
> Memodal Park and Ponds Park will close at 11:00 p.m. and shall
remain closed until 5:00 a.m. on the following day.
> -r~.-. p~rk ~'"I"" '~ .... ~,,,,..,4 ,,,, ,~ ...... ~" fc..-m..~r!y ,,,,,,,.,,4 by th~
~ Thomas Ryan, Jr. Memorial Park will close at 10:00 p.m.
and shall remain closed until 8:00 a.m. on the following day.
702.401
Activities Permitted After Closinq. 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 15th to March 15th, during the hours of 10:00 p.m.
and 5:00 a.m., individuals may drive on designated and posted
roadways within a park facility for the sole purpose of gaining
access to a lake for snowmobiling or ice fishing.
City employees, equipment or agents conducting maintenance,
construction or repair work on the property or buildings.
(amd. Ord. 99-09- pub. 8/7/99)
702.500:
(1)
(2)
(3)
GENERAL CONDUCT WITHIN CITY PARKS: It shall be unlawful for any
person in a park to:
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.
Disturb, harass or interfere with any park visitor or park visitor's property.
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.
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(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Gamble or participate in any game of change unleSs it is part of an
organized Parks and R=cr=2tlon D=p2rtment =';ent City-sponsored event.
Drop, throw or otherwise leave unattended lighted matches, burning cigars,
cigarettes, tobacco, paper or other combustible materials.
Sell, solicit or carry on any business or commercial enterprise or service in
a park without first obtaining a permit from the Department cf Parks 2nd
Reereat4e~ City.
Use any loudspeaker or other amplifying system or device without a permit
from the Department of Parks and Recreation.
Play the game of golf, engage in putting, practice swinging, or the stdking
of any golf balls or other objects in any park, except for fdsbee golf in
designated areas.
Remove any animal, living or dead from a park. Any animal removed from
a park or taken contrary to the provisions of this Section or State Statutes
shall be considered contraband and subject to seizure and confiscation.
Skateboard or rollerblade on other than desiqnated trails and equipment.
Use of the skate park contrary to the rules and policies promulgated and
posted from time to time by the City.
702.600:
(1)
(2)
(3)
(4)
RESTRICTED ACTIVITIES.
CampinR. It shall be unlawful for any park visitor to camp in a park except
with written permission of the Director of Parks and Recreation City.
Horseback Ridinq. It shall be unlawful to ride a horse or other animal
within any park unless in possession of a permit issued by the D~
Parks and Recreation City, or as part of an organized community event.
Swimmin_cl. 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 D!rect=r of Parks c.-.d Recreat!c,-,
City, take bottles or glass of any kind, except eyeglasses, into a designated
beach area, and/or use air mattresses, inner tubes or other inflatable
devices. (amd. Ord. 99-09- pub. 8/7/99)
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
Director of Parks and Recreation City.
(5) Boatinc[ It shall be unlawful for any park visitor to:
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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 unless sponsored
by the City.
Operate any watercraft in a designated swimming area or other
prohibited area.
Operate any watercraft in a park in violation of Minnesota Statutes,
Chapter 361 "Waters and Watercraft Safety."
Moor a boat in a City slip or on park shoreline before or after th~
hours the park is open.
Moor a boat at any time in a slip reserved exclusively for lake
enforcement personnel.
Moor a boat without first obtaininq a permit therefore from the City if
a desiqnated rental slip.
Fish, waterski, innertube, swim or dive from, or within 50 feet of, a
City-owned dock.
Beach a boat at Lakefront Park between the dock and swimminfl,
area at any time.
Obstruct or interfere with another who is usinq the City-owned dock
in accordance with this ordinance and City policies.
Obstruct or fail to follow the direction of a City employee or a.qent in
the administration of City-owned boat slips in accordance with this
section and City policies.
(6) Fishin_q. It shall be unlawful for any park visitor to:
Fish in a park in violation of any provision of Minnesota Statutes,
Chapter 101,. except as part of Department of Natural Resources
sponsored fishinq in the nei.qhborhood (FIN) event or program.
Fish in a designated swimming area.
Leave any structure or shelter designed for ice fishing in any park
for more than forty-eight (48) hours.
(7)
Bic¥clin.q. It shall be unlawful for any park visitor to operate a bicycle
except on park designated trails, bikeways and roadways, and except as
close to the right-hand side thereof as conditions will permit.
(8)
Meetin.qs~ Speeches~ Demonstrations and Parades. It shall be unlawful
for any park visitor to conduct public meetings, assemblies, entertainment,
parades or demonstrations within a park without first obtaining a written
permit from the D!mctcr cf Parks and R~cmat!on City, and then only in the
area designated in the permit.
702.700:
DOGS AND CATS' It shall be unlawful for any park visitor to bdng a dog
or cat into a park, with the exception of seeing-eye dogs and police dogs,
unless:
(1) The dog or cat is properly licensed.
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(2)
(3)
(4)
(5)
(6)
702.800:
(1)
(2)
(3)
(4)
(5)
(6)
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.
All dogs or cats shall be restrained at all times on adequate leashes not
longer than six (6) feet.
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 matedal 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.
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, Thomas Ryan, Jr. Memorial Park or any other
Athletic Complex in the City.
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:
Operate any vehicle within a park except upon designated roadways and
parking areas.
Operate a vehicle in a park at a speed in excess of posted speed limits.
Park or leave a vehicle standing within a park except at a designated
parking area during regular park hours.
Operate a vehicle which emits excessive or unusual noise, noxious fumes,
dense smoke or other polluting matter.
Operate a vehicle in a reckless or careless manner in a park.
Wash, polish, grease, change oil or repair any vehicle in a park.
Motorized Recreation Vehicles. It shall be unlawful for any park visitor to
operate a motorized recreation vehicle within a park except on designated
roadways and parking areas, or to operate a snowmobile within a park
other than on designated trails within the park for snowmobile'traffic.
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702.900:
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
Director of Parks and Recreation City and procured a permit from-the
Director cf Parks and Recr9at!on. 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.
702.1000:
702.1001
702.1002
702.1003
(1)
(2)
(3)
(4)
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 dsk.
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.
To be in or use a park during closed hours. (amd. Ord. 99-09-pub.
8/7/99).
Application for Permit. The D!rectcr of Parks a,qd Recreat!c,-, or the City
Manager or desiqnee shall issue a permit upon finding that:
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.
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.
That the proposed activity or use is not reasonably anticipated to entice
violence, crime or disorderly conduct.
That the proposed activity will not entail unusual, extraordinary burden or
expense for the City.
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(5)
702.1004
702.1005
That the facilities desired have not been reserved for some other use at the
day and hour required in the application.
Denial of Permit. Within fie (5) days after the receipt of a completed
application, the Director of Parks and Recreation City Mana.qer or desiqnee
shall apprise an applicant in writing for the reasons for refusing to issue a
permit, and any aggrieved park visitor shall have the dght to appeal in
writing within five (5) days of mailed notice to the City Manager which then
shall consider the application under the standards set forth in subsection
702.1003 above, and sustain or overrule the decision within fourteen (14)
days. The decision of the City Manager shall be final.
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:
702.1101
702.1102
702.1103
PROTECTION OF PROPERTY, STRUCTURES AND NATURAL
RESOURCES.
Dama.qin.q or Removin.q Property Prohibited. No park visitor shall
willfully deface, vandalize or otherwise cause the destruction of park
property.
FlowersT 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 cf Parks and Recreation City.
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 D!mctcr cf Pcrks and
Reoma,~ City.
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702.1104
702.1105
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.
Excavations. No park visitor shall dig trenches or make other excavations
within a park.
702.1200
(1)
(2)
(3)
(4)
(5)
(6)
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:
Intoxicatin.q 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 Diroctcr of Parks and Rocroation City.
Roadways and Parkinq 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.
Quantities. No park visitor shall bring into a park intoxicating liquors or
non-intoxicating malt liquor in kegs or barrels, except as provided in this
Subsection. Groups, associations or organizations desiring to bring
intoxicating or non-intoxicating malt liquor into parks in kegs or barrels may
do so only after obtaining a permit for such use from the Dirootor of Parks
2nd Recmction City. The City shall grant the permit if in the judgment of
the D!roctor of Parks and Recreation City Mana.qer 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 cdteria 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.
Minnesota Statutes, Chapter 340A is hereby specifically adopted by
reference except those provision which by their nature have no application.
Thomas Ryan~ Jr. Memorial Park shall be alcohol-free including intoxicating
and non-intoxicating liquors in any form or container. (~m~. ~r~. ~-~ -
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PAGE 9
702.1300
RESTITUTION, ENFORCEMENT AND PENALTIES: In addition to any
other penalties provided by this Section, any park visitor violating the
provisions of Section shall make restitution to the City for the full value of
the damage caused, including, but not limited to, the cost of 'repairs,
replacement and any fees the City may have incurred, including legal, in
en{orclng the provisions o{ this ~ection.
A park visitor guilty of violating any provision of this Section shall be guilty
of a misdemeanor, which is punishable by a fine of not more than seve~
,,..,,,..,....~'""'4"""4 ,4,-,,~,-o......,,,..,.., ,',',~¢?nn nq~,,,,.,.,,.,/ one thousand dollars ($1,000.00), or by
imprisonment for a pedod not to exceed ninety (90) days, or both.
The Chief of Police shall have the principle responsibility of enforcing the
provisions of this Section. In addition, designated Prior Lake
employees may, in connection with their duties imposed by law, diligently
enforce the provisions of this Section and eject from parks, park visitors
acting in violation of this Section.
The D!mctor of Parks and Rgcraat!cn City Manager shall have the authority
to revoke for good cause any permit or reservation issued by the Diceote~
cf Parks and Rgcr:at!cn City. Nothing in this Section shall prevent
employees or agents of the Prior Lake~,...,""-u",,,, from performing their
assigned duties. No person shall impersonate any employee of the City
parks nor interfere with, harass nor hinder any employee in 'the discharge
of his duties. Nothing in this Section is intended to waive the application of
State law within parks. The City Attorney is responsible for the prosecution
of violations of this subsection. (amd. Ord. 99-09 - pub. 8/7/99).
.
This ordinance may be published in summary and 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 May, 2005.
ATTEST:
City Man'a'ger ~,~ y
Mayor
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PAGE 10
CITY OF PRIOR LAK~
ORDINANCE NO. 10~ 09
Motion: LeMair
SecOnd: Zieska
· AN ORDINANCE AMENDING
SECTION ?02OF THE PRIOR LAKE
crrY CODS REGULATING PARKS
. The City Council of the City of
Prior Lake does hereby ordain that:
Section 702 of the Prior Lake City
Code is hereby amended inits entirety
as follows'.'
702J00: 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
activitie/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.
702.200: AUTHORITY: The~ City
Mmm~er 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
other City personnel. The actions of
other City pereonnel shall have the
same force and effect as if taken by
sh~ll have the right to issue
administrative rules and regulations
governing the operation of City parks.
The City Manager may declare
any'park f~cility or portion thereof
closed to the pubMc at any time and
for an), interval of time or for certain
uses, as the City lVlanager shall fred
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.
?02.300: DF,~INITIONS: ~or the
p .urpose of this Section, the terms
defined in this subsection Shall have
the meanings given theTM in this
this' Section shall have its usual and
customary meaning:
mi.., ....... · t'~.t
.... }, ......appc,:.nt~ 53' ~a ,.,1 y
' Domestic Animal: A dog or cat.
Drugs: Any substance defined as
a controlled substance by Chapter 152,
Minnesota Statutes or other statutes
of F~leral laws or regulations.
Intoxicating LiqUor: Any liquor
which is intoxicating pursua_n_t to
State law and includes ethyl alcohol,
distilled, fermented, spirituOus,
.yin _._oUs ~nd m~R beverages containing
m excess. 'of three and two-tenths
percent (3,2%) alcohol by Weight.
Motoriz~ R~ Vehicle:
limited to, a ~wmobi~, minibike,
whe~l drive.
Nonintoxtcati~.g Liquor: Matt'. A
beverage Containing not more than
three and two-tenths percent (3.2%)
alcohol by weight.
Nu~. Means the'showing of the
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Scott )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen-
dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as
follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 33 lA.02, 33 lA.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No.ff~~"
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abedefghijklmnopq~ .
Laurie A. Hartmann
Subscribed and sworn before me on
Notary Public f
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space .... $22.00 per column inch
~aximum rate allowed by law for the above matter ................................. $2~.00 per column inch
Rate actually char~ed for the above matter. ............................................. $1].18 per column inch