ARTICLE VI.5.
PARKS AND RECREATION DEPARTMENT1
Sec. 2-112 Created; supervision; duties of director.
(a) There is hereby created a department of parks and recreation within the city. The department shall be under the supervision of the parks and recreation director, who shall be appointed by the city manager and report to the community development director.
(b) The director of parks and recreation shall have charge of the care and upkeep of all city-owned open areas, parks and recreational facilities as designated by the city manager. He shall supervise all recreation programs and supervise all employees, volunteers, and contractors assigned to the parks and recreation department. The director shall promulgate rules and regulations for council’s approval, for conduct of persons in the parks and recreation programs and for the use of all parks and recreation facilities. The director shall be responsible for the parks and recreation department.
(Ord. No. 626, § 1(2-50), 9-15-86)
Sec. 2-113 Recreation programs.
(a) Trust fund. There is hereby established a self-supporting trust fund for recreational programs including programs or classes in dance, gymnastics, arts, crafts and athletics. The trust fund shall consist of monies paid by the participants in recreational programs and shall be held in trust to pay the costs of the programs.
(b) Instructors. The director shall be responsible for directing the recreational programs. The director shall coordinate volunteers and negotiate contracts for program sponsors and instructors. The city manager is authorized to sign contracts with program sponsors and instructors of recreational programs.
(c) Contracts. Contracts for program sponsors and instructors shall contain the following:
(1) A description of the recreational program and the duration of the agreement.
(2) A statement of the amount to be paid for the contractor’s services as a percentage of program fees or at a fixed rate.
(3) Provisions for termination of the agreement.
(4) In addition, the agreement may require the contractor to provide insurance and may set rules for the conduct of the program.
(Ord. No. 626, § 1(2-51), 9-15-86)
Sec. 2-114 Rules for park and recreation facilities.
(a) Compliance; ejection of violators.
(1) Permission to be within the limits of or to use any park is conditioned on compliance with all applicable provisions of this section and any other applicable laws, ordinances, rules and regulations. A violation of any provision of this section, or of any other applicable law, ordinance, rule or regulation, shall result in the violator being deemed a trespasser, and the Kingman Police Department or the director may eject any such person from a park.
(2) Any person occupying a park or portion thereof without a written reservation permit issued by the director for its exclusive use, and refusing to surrender such park or portion thereof to any person bearing such a permit, shall similarly be deemed to be a trespasser, subject to ejection by the Kingman Police Department or the director.
(3) As used in this section “park” means any city owned park or recreational facility.
(b) Liability limitations. Any person exercising any of the privileges authorized by this section shall do so at his own risk, without liability on the part of the city or its officers, employees and agents for death or injury to persons or animals or damage to property resulting therefrom.
(c) Rules for parks use.
(1) Hours of operation. No person shall enter, be or remain in, or leave a motor vehicle in any park between the hours of 12:00 midnight and 6:00 a.m., except where such person is camping as provided under paragraph [(4)], or as authorized by a written permit issued by the director. The director may, from time to time, change the hours of use as stated herein for any individual park, in which case all persons shall comply with such changed hours.
(2) Restrictions upon children under six years. No parent or guardian, or any person having the custody of any child under the age of six (6) years, shall cause, permit or allow such child to enter or visit any park unless such child is accompanied by a person of not less than sixteen (16) years of age.
(3) Motor vehicle restrictions. No person shall bring to or operate in any park any motor vehicle, except on a public roadway, designated driveways, or parking areas and at such times and at such places as allowed by a written permit issued by the director. No person shall park any motor vehicle in any park except in areas designated by the director for such purpose. “Motor vehicle,” as used in this section, is defined in A.R.S. § 28-101(24).
(4) Overnight camping restrictions. No person shall camp or sleep overnight in any park except pursuant to a written permit issued by the director. The director may issue a permit to any person or group, authorizing camping over night at a designated location in a park, if he finds:
a. That, in the case of a youth group, the group will be supervised during such camping by an adequate number of responsible adults and such overnight camping will not in any way be detrimental to the park or interfere with the other uses thereof; and
b. That the person or group has agreed to the conditions contained in the permit.
Upon the granting of such permit, the members of such group, including adult supervisors in the case of a youth group, may camp at the time, location and under the conditions specified in the permit.
(5) Animals. Except for guide dogs under A.R.S. § 24-411, no person shall bring into any park or recreation facility any animal of any kind except as permitted in writing by the director.
(6) Alcohol, drugs. No person shall enter, be in or remain in any park while under the influence of any alcoholic beverage, narcotic, or dangerous drug.
(7) Selling merchandise. No person shall sell or offer for sale any goods, wares, or merchandise in any park, except:
a. Pursuant to a concession or other agreement authorized by the city council; or
b. When found by the director to be consistent with the policies of the department or to promote the programs of the department, pursuant to a written permit issued by him and conditions attached thereto.
(8) Injuring or killing animals. No person, other than a duly authorized city employee in the performance of his duties, shall molest, hunt, disturb, injure, shoot at, take, net, poison, wound, harm, kill or remove from any park any kind of animal, except:
a. When necessary to avoid bodily harm; or
b. When fishing or hunting is permitted by the director; or
c. If requested by the city employee in charge of a park containing an animal farm, to capture such animal and deliver it unharmed to such employee.
(9) Washing dishes, etc. No person shall wash or cleanse in any park any dish or utensil, except at designated facilities provided for such purpose.
(10) Sanitation requirements for concessions. The concessionaire or lessee of a facility or area within a park under concession or lease from the city shall at all times maintain the premises under his charge in a clean, sanitary condition, free from malodorous materials and accumulations of garbage, refuse, debris and other waste materials. In the event that the director finds that any facility or area under concession or lease is not so maintained, he shall in writing notify the concessionaire or lessee of such facility to immediately commence and perform the necessary correction of the insanitary condition to the satisfaction of the director. Failure of the concessionaire or lessee to perform the necessary correction with reasonable dispatch shall be cause for the director to have the condition corrected in such a manner as he deems necessary and the costs of such correction to be charged to the holder of the concession or lease.
(11) Unsafe or dangerous conditions in concessions. Whenever the structure or area under the control of a concessionaire or lessee within a park is found to be defective or damaged so as to be unsafe or dangerous to persons or property, it shall be the duty of the concessionaire or lessee to immediately post a proper notice and fence or barricade, and at night to adequately light such unsafe structure or area, and such unsafe structure or area shall be kept posted, lighted and fenced or barricaded until necessary repairs are made. In the event the concessionaire or lessee fails or neglects to make necessary repairs or to put up fences or other barriers to prevent persons from using or going into or upon the unsafe structure or area, the director may take such measures as he deems necessary for the protection of the public, and charge the cost of same to such concessionaire or lessee.
(12) Fires. No person shall light or maintain any fire in any park other than in a barbecue brazier, fire circle or other area designated for such purpose, except upon written authorization from the director.
(13) Harmful objects. No person shall place, throw, leave, keep or maintain any object in any park in such a manner or in such a place that any person or animal may be injured or any structure, vehicle or other property may be damaged.
(14) Firearms and other weapons. No person, other than a certified peace officer or an on duty security guard, shall bring into any park, or discharge or shoot, any firearm, air gun, slingshot, or bow and arrow in any park, except in areas designated for such purposes by the director.
(15) Model airplanes and boats. No person shall operate model airplanes, boats or other craft in any park, except in areas designated for such use.
(16) Placement and maintenance of signs. The director may place and maintain, or cause to be placed and maintained, such signs, notices, signals or control devices as he deems necessary to carry out the provisions of this section, or to ensure public safety and orderly and efficient use of any park. No person shall wilfully fail to obey any sign, notice, signal or control device placed or erected pursuant to this section.
(17) Golf course use. Unless written permission has been issued by the director of parks and recreation, no person shall enter the Kingman golf course property except for golf purposes.
(d) Violations.
(1) Refusing to leave. Any person who refuses to leave a city park after being ejected by the director or a police officer under this section shall be guilty of a misdemeanor.
(2) Damaging or removing park property and vegetation. It shall be a misdemeanor for any person, other than a duly authorized city employee in the performance of his duties, to:
a. Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, grass, fruit or flower, growing in any parks; or
b. Remove any wood, turf, grass, soil, rock, sand or gravel from any park; or
c. Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in any park; or place any mark, writing or printing; or attach any sign, card, display or other similar device.
(3) Alcoholic beverages and narcotics or dangerous drugs. It shall be a misdemeanor for any person to sell any alcoholic beverage in any park, except pursuant to a written permit issued by the director and conditions attached thereto. It shall be misdemeanor for any person to enter, be in or remain in any park while in possession of, transporting, purchasing, selling, giving away or consuming any narcotic or dangerous drug.
(4) Rubbish disposal.
a. It shall be a misdemeanor to throw, place or dispose of any garbage, refuse, waste paper, bottles or cans in any place in a park other than into a garbage can or other receptacle maintained therein for that purpose.
b. It shall be a misdemeanor for any person to place any household or commercial garbage in any trash receptacle maintained for parks purposes.
(5) Entering closed parks. It shall be a misdemeanor for a person to enter or remain in any park or recreational facility, beyond its posted hours of operation; unless authorized in writing by the director.
(e) Penalty. Any person who violates any provision of this section shall be guilty of a misdemeanor as defined in section 1-8.
(Ord. No. 655-A, § 1, 7-6-87; Ord. No. 831, § 1, 6-18-90; Ord. No. 1498, §§ 1—3, 9-6-05)
Secs. 2-115—2-117. Reserved.
Editor’s note: Ord. No. 626, § 1, adopted Sept. 15, 1986, added provisions designated as Ch. 2, Art. III, Div. III, Part I, §§ 2-50, 2-51, to the Code; for purposes of classification and in order to keep related material together, the editor has redesignated said provisions as Art. VI.5, §§ 2-112, 2-113.
Cross references: Golf course advisory commission, § 2-158.40 et seq.; driving in parks, § 7-72.