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HomeMy WebLinkAbout702 City Parks Public Ways & Property City of Prior Lake 702/p1 SECTION 702 CITY PARKS SUBSECTIONS: 702.100: PURPOSE 702.200: AUTHORITY 702.300: DEFINITIONS 702.400: PARK HOURS 702.500: PARK PERMITS AND LICENSES 702.600: GENERAL PROHIBITIONS WITHIN CITY PARKS 702.700: DOMESTICATED ANIMALS 702.800: VEHICLES 702.900: ALCOHOL WITHIN PARKS 702.1000: SPECIAL USE 702.1100: LIABILITY 702.1200: RESTITUTION, ENFORCEMENT AND PENALTIES 702.100: PURPOSE: The residents of Prior Lake value recreation and open space and have provided for parks throughout the City. City parks are intended for the use and enjoyment of all residents and park visitors. To ensure all residents and park visitors are able to enjoy the City parks, it is necessary to regulate activities and conduct within the parks. This Section regulates the use of City parks to promote, protect and provide for the health, welfare, safety and comfort of residents and park visitors within the City. The regulations in this Section are also intended to protect the environment and the natural resources entrusted to the City’s care. 702.200: AUTHORITY: The City Manager shall administer the parks and recreation policies of the City. The City Manager may delegate or assign any or all of the duties and responsibilities of this Section to other City personnel. The actions of the other City personnel shall have the same force and effect as if taken by the City Manager. The City Manager shall have the right to issue administrative rules and regulations governing the operation of City parks and recreation. (amd. Ord. 105-09 – pub. 4/23/05) The City Manager may declare any park or portion thereof closed to the public at any time and for any interval of time or for certain uses, as the City Manager shall determine appropriate. 702.300: DEFINITIONS: The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise: Domesticated Animal: A dog or cat. Nude: Means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than Public Ways & Property City of Prior Lake 702/p2 a full covering or any portion thereof below the top of the nipple. Park: Means a park, playground, swimming pool, lake, pond, stream, trail, nature area, open space area or recreation center under the control of the City. Park shall also mean any other property owned, leased, used or controlled, wholly or in part, by the City for park or recreational use. Park shall include facilities, roadways and parking areas within the parks. Park Visitor: Any person within a park. Service Animal. Any service animal as defined by the Minnesota Human Rights Act or the Federal Americans with Disabilities Act, as either may be amended from time to time. Vehicle: Any motorized, propelled, animal-drawn or human-powered machine used to convey people, animals or property, including but not limited to trucks, cars, motorcycles, dune buggies, trailers, motor homes, recreational vehicles, and snowmobiles; except not including electric personal assistive mobility devices. Watercraft: Vessel, boat, jet ski, canoe, raft, barge, sailboard or any other object or apparatus used to carry people, animals or property on water. Wildlife: All living creatures, not human, wild by nature, endowed by sensation and power or voluntary motion, including quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. (amd. Ord. 105-09, publ. 4/23/05) 702.400: PARK HOURS: With the exception of Memorial Park, Ponds Park and Thomas Ryan Memorial Park, all parks will close at 10:00 p.m. each day and shall remain closed until 5:00 a.m. on the following day. ▪ Memorial Park and Ponds Park will close at 11:00 p.m. and shall remain closed until 5:00 a.m. on the following day. ▪ Thomas Ryan Memorial Park will close no later than 11:00 p.m. and shall remain closed until 5:00 a.m. on the following day. No inning shall start after 10:30 p.m. (amd. Ord. 105-09, publ. 4/23/05) (amd. Ord. 109-09, publ. 6/20/09) 702.401 Activities Permitted After Closing. The following activities may continue in parks before or after the park’s normal closing hours: ➢ City-sponsored and supervised activities which, because of the nature of the activity, cannot be held during the time when the parks are open. ➢ From November 15th to March 15th, during the hours of 10:00 p.m. and 5:00 a.m., individuals may drive on designated and posted roadways within a park for the sole purpose of gaining access to a lake for snowmobiling or ice fishing. ➢ City employees, equipment or agents conducting maintenance, construction or repair work on the property or buildings. ➢ Use or presence in a park pursuant to written authorization from the City Manager. ➢ Overnight mooring of watercraft in City-owned slips with required City permit. (amd. Ord. 99-09 - pub. 8/7/99) (Amd. Ord. 107-08, pub. 4/21/07) 702.500: PARK PERMITS AND LICENSES: A permit or license shall be obtained from the City Public Ways & Property City of Prior Lake 702/p3 before any of the following activities occur in a City park: ➢ Sale of Liquor. The sale, barter, keeping for sale, charging for possession or otherwise disposing of any alcohol-related products pursuant to City Code Section 301. ➢ Peddling/Soliciting. The activities of a peddler, solicitor or transient merchant pursuant to City Code Section 302. ➢ Public and Private Gatherings. The outdoor gathering of at least 50 individuals where sound amplification is used pursuant to City Code Section 307. ➢ Community Events. The gathering of at least 25 individuals assembled with a common purpose in an event open to the public pursuant to City Code Section 316. ➢ Watercraft. The mooring a watercraft in a City-owned slip if designated as a reserved slip. (amd. Ord. 107-08, pub. 4/21/07). 702.600: GENERAL PROHIBITIONS WITHIN CITY PARKS: It shall be unlawful for any park visitor to: (1) Use threatening, abusive, insulting, obscene or indecent language or to act in an indecent, lascivious or improper manner, commit any nuisance, appear nude or semi- nude, or to do any act which constitutes a breach of the public peace. (2) Deface, vandalize or otherwise cause the destruction of park property. (3) Deposit, scatter, drop or abandon any bottle, can, broken glass, cigarette butts, sewage, waste or any other material, except in receptacles provided for such purpose. (4) Attach or affix any handbill or poster to any property or object except with prior written authorization of the City Manager. (5) Cut, pluck or otherwise remove or injure any flowers, shrubs, trees or other plant material. Introduce any form of vegetation, except with prior written authorization from the City Manager. (amd. Ord. 105-09 – pub 4/23/05) (6) Dig trenches or make other excavations including but not limited to removal of soil, rock, minerals, debris or organic substances. (7) Kill, trap, hunt, pursue or in any manner disturb or interfere with any species of wildlife. Release any insect, fish or animal except with prior written authorization from the City Manager. (amd. Ord. 105-09 – pub 4/23/05) Remove any animal, living or dead (except for a domesticated animal owned by the person) from a park. Any animal removed from a park or taken contrary to the provisions of this Section or State Statutes shall be considered contraband and subject to seizure and confiscation. (8) Disturb, harass or interfere with any park visitor or park visitor's property. (9) Enter a park with glass beverage bottles or glass containers. (10) Drop, throw or otherwise leave unattended lighted matches, burning cigars, cigarettes, tobacco, paper or other combustible materials. Ignite a fire, except in a grill. Public Ways & Property City of Prior Lake 702/p4 (11) Use or operate a grill without removing all grill related equipment and all waste and garbage after use and operation. (12) Use any tobacco-related products, including electronic cigarettes, on the grounds of Jeffers Pond Elementary School Park. (amd. Ord. 105-22, pub 9/17/05) (13) Discharge or display any firearms, air guns, shot guns, rifles, pistols, revolvers, air rifles or BB guns. Use a slingshot, bow and arrows, except in designated areas. (14) Use any loudspeaker or other amplifying system or device without a public and private gathering permit pursuant to City Code Section 307. (15) Gamble or participate in any game of chance unless it is part of an organized City- sponsored event. (16) Use or operate metal detecting equipment in a manner that causes or may cause damage to persons or property. (17) Sell, solicit or carry on any business or commercial enterprise or service in a park except with prior written authorization from the City Manager. (18) Play the game of golf, engage in putting, practice swinging, or the striking of any golf balls. (19) Hang or attach a hammock on any tree or structure. (20) Skateboard or rollerblade except on designated trails and equipment. (21) Use of the skate park contrary to the rules and policies promulgated and posted from time to time by the City. (amd. Ord. 105-09 – pub 4/23/05) (22) Construct or erect any building or structure of any kind, whether permanent or temporary in character, or run or string any public utility service, into upon or across any park except with prior written authorization from the City Manager. (23) Camp except with prior written authorization from the City Manager. (24) Bring any animal into a park except for domesticated animals subject to subsection 702.700 below. (25) Ride a horse or other animal except as part of a community event under a permit pursuant to City Code Section 316. (26) Wade or swim except at beaches designated for that purpose, and then only during such hours as may be designated by the City, take bottles or glass of any kind, except eyeglasses, into a designated beach area, and/or use air mattresses, inner tubes or other inflatable devices. (amd. Ord. 99-09 - pub. 8/7/99) (27) Use any land or body of water for a starting or landing field for aircraft, hot air balloons or Public Ways & Property City of Prior Lake 702/p5 parachutes, without prior written authorization from the City Manager. (28) Operate a remote–controlled airplane, drone or watercraft, except at sites designated by the City. Operate such a device in any manner that endangers or is likely to endanger any person or property. (29) Operate a bicycle except on designated trails, bikeways and roadways, and except as close to the right-hand side thereof as conditions will permit. (amd. Ord. 105-09 – pub 4/23/05) (30) Boating. It shall be unlawful for any park visitor to: ➢ Launch or land any watercraft upon any water, lagoon, lake, pond or wetland except at locations and times designated for that purpose by the City. ➢ Operate any watercraft in a designated swimming area or other prohibited area. ➢ Operate any watercraft in violation of Minnesota Statutes, Chapter 361 "Waters and Watercraft Safety.” ➢ Moor a watercraft at any time in a slip reserved exclusively for lake enforcement personnel. ➢ Fish, water ski, innertube, swim or dive from, or within 50 feet of, a City-owned dock. ➢ Beach any watercraft at Lakefront Park or Sand Point Beach. ➢ Obstruct or interfere with another who is using a City-owned dock in accordance with this Section and City policies. ➢ Obstruct or fail to follow the direction of a City employee or agent in the administration of City-owned slips in accordance with this Section and City policies. (amd. Ord 105-09 – pub. 4/23/05) (Amd. Ord. 107-08, pub 04/21/07) (31) Fishing. It shall be unlawful for any park visitor to: ➢ Fish in a park in violation of any provision of Minnesota Statutes, except as part of Department of Natural Resources sponsored fishing in the neighborhood (FIN) event or program. (amd. Ord. 105-09 – pub 4/23/05) ➢ Fish in a designated swimming area. ➢ Leave any structure or shelter designed for ice fishing in any park for more than forty-eight (48) hours. 702.700: DOMESTICATED ANIMALS: It shall be unlawful for any park visitor to bring a domesticated animal into a park, unless: (1) The domesticated animal has received all recommended vaccinations. (Ord. Amd. 119- 13, publ. 11/23/19) (2) The domesticated animal is attended at all times. (3) The domesticated animal is restrained at all times on an adequate leash not longer than six (6) feet. The owner of the domesticated animal is liable for any action taken or damage caused by the domesticated animal. Public Ways & Property City of Prior Lake 702/p6 (4) Park visitors who bring domesticated animals into a park must have in their possession tools or equipment suitable for the removal of animal fecal material and shall promptly and effectively remove all fecal material deposited by a domesticated animal under their control and care. Park visitors removing animal wastes from park surfaces shall dispose of it in a sanitary manner, which may include depositing it in any designated waste receptacle located in the park. (5) Park visitors bringing a domesticated animal into a park shall not permit the animal to disturb, harass or interfere with any park visitor, any park visitor's property, or wildlife. (6) No domesticated animal, with the exception of service animals and police dogs, shall be permitted in/on beach areas, park buildings, skating rinks, athletic fields, athletic complexes, or any area clearly marked with a sign prohibiting domesticated animals. 702.800: VEHICLES. City Code provisions and State law provisions relating to the operation of vehicles upon streets and highways shall apply within all parks and upon all park property. In addition, Minnesota Statues, Section 169 is hereby specifically adopted by reference except those provisions which by their nature have no application. It shall be unlawful for any park visitor to: (1) Operate any vehicle within a park except upon designated roadways and parking areas or to operate a snowmobile within a park other than on designated trails within the park for snowmobile traffic. (2) Operate a vehicle in a park at a speed in excess of posted speed limits. (3) Park or leave a vehicle standing within a park except at a designated parking area during regular park hours. (4) Operate a vehicle which emits excessive or unusual noise, noxious fumes, dense smoke or other polluting matter. (5) Operate a vehicle in a reckless or careless manner in a park. (6) Wash, polish, grease, change oil or repair any vehicle in a park. 702.900 ALCOHOL WITHIN PARKS: Alcohol-related products, as defined in City Code Section 301, may only be consumed and/or displayed in a park, subject to the following provisions: (1) Intoxicating Liquors. No park visitor shall have in their possession or bring into a park any intoxicating liquor, as defined in City Code Section 301, except beer, cider or wine in plastic bottles, plastic glasses, cans or boxes for individual consumption (amd. Ord. 105- 09 – publ. 4/23/05) (amd. Ord. 118-16, publ. 09/15/2018) (2) Quantities. No park visitor shall have in their possession or bring into a park any alcohol- related products in kegs, barrels or other large quantities without prior written authorization from the City Manager. Public Ways & Property City of Prior Lake 702/p7 (3) Roadways and Parking Lots. No park visitor shall display and/or consume alcohol- related products within thirty (30) feet of any roadway or parking lot. (4) Prohibited Areas. No park visitor shall possess, display or consume intoxicating liquors or nonintoxicating malt liquor within areas the City has designated that such possession, display or consumption is prohibited. (5) Sale. No park visitor shall sell, barter, keep for sale, charge for possession or otherwise dispose of any alcohol-related products without a license pursuant to City Code Section 301 and without prior written authorization from the City Manager. (6) Glass. No park visitor shall bring glass containers into a park. (7) Thomas Ryan Memorial Park shall be alcohol-free including intoxicating and non- intoxicating liquors in any form or container. (amd. Ord. 99-09 - pub. 8/7/99) (amd. Ord. 105-09 – pub 4/23/05) (8) Jeffers Pond Elementary School Park shall be alcohol-free, including intoxicating and non-intoxicating liquors in any form or container. (amd. Ord. 105-22 – pub 9/17/05) 702.1000: SPECIAL USE. No park visitor or group shall have special use of all or any portion of a park unless they have first reserved the property with the City. Unless a reservation is made, use of park property will be on a first come - first serve basis. (amd. Ord. 105-09 – pub 4/23/05) 702.1100: LIABILITY. The City shall not be liable for any loss, damage or injury sustained by a park visitor. Any person using a park shall do so at their own risk. 702.1200 RESTITUTION, ENFORCEMENT AND PENALTIES: In addition to any other penalties provided by this Section, any park visitor violating the provisions of Section shall make restitution to the City for the full value of the damage caused, including, but not limited to, the cost of repairs, replacement and any fees the City may have incurred, including legal, in enforcing the provisions of this Section. A park visitor guilty of violating any provision of this Section shall be guilty of a misdemeanor which is punishable in accordance with the penalties established by Minnesota Statute. (amd. Ord. 105-09 – pub 4/23/05) The Chief of Police shall have the principle responsibility of enforcing the provisions of this Section. In addition, Prior Lake parks employees may, in connection with their duties imposed by law, diligently enforce the provisions of this Section and eject from parks, park visitors acting in violation of this Section. The City Manager shall have the authority to revoke for good cause any permit or reservation issued by the City. Nothing in this Section shall prevent employees or agents of Prior Lake from performing their assigned duties. No person shall impersonate any employee of the City parks nor interfere with, harass nor hinder any employee in the discharge of his duties. Nothing in this Section is intended to waive the application of Public Ways & Property City of Prior Lake 702/p8 State law within parks. (amd. Ord. 99-09 - pub. 8/7/99) (amd. Ord. 105-09 – pub 4/23/05) (Amd. Ord. 118-08, publ. 06/09/2018) This Space Intentionally Left Blank