Chapter 12.12
TOWN PARKS
Sections:
12.12.010 Purpose.
12.12.020 Applicability.
12.12.030 Park hours.
12.12.040 Rules of conduct.
12.12.050 Vehicles.
12.12.060 Boating.
12.12.070 Alcoholic beverages.
12.12.080 Advertising, entertainment, assembly.
12.12.090 Soliciting, gambling, sale of merchandise prohibited.
12.12.100 No Fires or burning.
12.12.110 Reservations and permits; appeals.
12.12.120 Park fees and charges.
12.12.130 Enforcement and penalties.
12.12.010 Purpose.
The purpose of this Chapter is to provide rules and regulations for the use of and conduct in the parks and recreation areas of the Town (referred to as "Town parks" or "parks" in this chapter.
12.12.020 Applicability.
This Chapter shall apply in all parks and recreation areas within the Town, unless expressly exempted. For the issuance of permits, authorizations, and the granting of approval for groups or other special uses of the Town parks, the approving agency shall be the Town Parks & Recreation Department (the "Department").
12.12.030 Park hours.
From November 1 through March 31 the Park hours are from official daylight to official sunset as defined by the National Weather Service. From April 1 through October 31 the Park hours are from official daylight to 10:00 p.m. From November 1 through March 31 no one is allowed in the park after official sunset; from April 1 through October 31 no one is allowed in the park after 10:00 p.m., except during a scheduled Parks and Recreation Department (the "Department") activity or event, or with a use permit from the Parks and Recreation Department. (Ord. 07-296)
12.12.040 Rules of conduct.
A. The following rules of conduct shall apply to all users and persons who are within parks and recreation areas of the Town, including Woodland Lake Park which is federal land owned by the United States Department of Agriculture, United States Forest Service, which is more fully described by the legal description and map attached as "Exhibit A," incorporated herein by reference.
1. Park use is available on a first-come, first-serve basis except as scheduled for:
a. Leagues and Team Use. Parks and recreation areas may be reserved for Parks and Recreation Department scheduled or "use permit" events. These events may include little league baseball, youth soccer leagues, adult recreation league events, and other scheduled team uses or uses by Department use permit.
b. Other Group Use. All parties of one hundred (100) or more, wanting to use Town parks shall be required to submit an application and get a use permit from the Parks and Recreation Department. The applicable fee(s) shall be paid at the time of application.
c. Use of Ramadas. A written application for a use permit to reserve a park ramada shall be made to the Department on forms approved by the Department. The applicable fee(s) shall be paid at the time of application.
d. Special Events. Refer to the Parks and Recreation Rules and Regulations.
2. Littering is prohibited. Each person or group is responsible for the cleanup of the area of the park which they use. Dumping of domestic or commercial trash also is prohibited. Domestic and commercial trash shall not be put into designated trash cans or containers, or otherwise left in parks. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.
3. Children, eight (8) years old and younger, must be supervised by an adult while playing on parks playground equipment.
4. No overnight camping is allowed in the park. No overnight parking of recreational vehicles is allowed in the park without a Town permit. The Town will only permit 15 vehicles per Special Event.
5. No open fires or campfires are allowed in the park, except in the grills provided. Written requests for the use of other special fire containers shall be submitted to the Department, but may not be used without the written approval of the Department. Fire restrictions issued by the Town to help prevent wildfires may prohibit all fires, including the use of park grills, from time to time.
6. Possession, use or discharge of explosives, fireworks, firearms, rifles, pistols, revolvers, spring guns, B.B. guns, air guns, rockets, fireworks, slingshots, bows and other archery equipment or other similar weapons, arms or equipment is strictly prohibited in parks.
7. Hunting, trapping, catching, wounding or killing, or treating cruelly, attempting to catch, wound or kill, any bird or animal, molest or rob any nest of any kind or any lair or burrow of any animal is prohibited. No person may hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird.
8. Excessive noise or other disturbance of the peace is not permitted.
9. Dogs must be kept on a leash at all times in the park. Pets are subject to the Town’s Animal Control Ordinance.
10. Fishing at Woodland Lake Park is governed by Arizona Game and Fish Department laws, rules and regulations. A valid Arizona fishing license with applicable stamps is required.
11. Glass containers including glass beverage bottles are not allowed in Town parks and recreation areas.
12. Marking, tampering with, destroying, damaging, injuring, disfiguring, defacing, displacing, removing or disturbing any natural or man-made feature tree, shrub, wildflower, public building, sign, structure, equipment or other property is prohibited. No person may damage, cut, carve, mark, transplant or remove any plant, or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area.
13. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountains, pond, lake, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in the pollution of those waters.
14. Parks shall not be used for profit or gain. No admission fee, event fee, donation or other cost for attendance at an event held in Town parks may be charged, collected or paid by any person or entity without the express, written permission of the Department.
15. Swimming is strictly prohibited in lakes, streams or other waters in Town parks.
16. All persons shall cooperate and shall maintain restrooms and washrooms in a neat and sanitary condition. No person over the age of five years shall use the restrooms and washrooms designated for the opposite sex.
17. No person shall enter an area posted as "Closed" or "Closed to the Public."
18. No person shall engage in threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.
19. Persons shall produce and exhibit any permit he or she claims to have, upon request of any authorized person who asks to inspect the same for the purpose of enforcing compliance with any ordinance, rule or regulation.
20. No person shall disturb or interfere unreasonably with any person or party occupying any park or recreation area.
12.12.050 Vehicles.
A. Maximum speed limit is fifteen (15) m.p.h.
B. No vehicles are allowed inside of the park except on designated roads and in designated parking areas.
C. No person shall leave a vehicle standing or parked in established parking areas or elsewhere in the park and recreation areas during hours when the park and recreation area is closed. During a snow storm and for three days thereafter established parking areas in parks and recreation areas may be utilized for automobile and light truck parking only, but not by motor homes, trailers, recreational vehicles, or other vehicles of any kind.
D. All-Terrain Vehicles ("ATVs") and other motorized off-road vehicles are not allowed in parks and shall not be used in parks unless such vehicle is licensed for street and road use by the Arizona Department of Motor Vehicles. Vehicles shall be operated only on paved roads, and shall be parked only in designated parking areas.
E. Parking is prohibited except in designated parking areas.
12.12.060 Boating.
A. All boats must conform to the Arizona Game and Fish Department laws and regulations governing registration and operation.
B. Power boats are restricted to the use of a single electric motor only.
12.12.070 Alcoholic beverages.
A. Only beer and wine are allowed in areas of Town parks which are not in use for league and team use as defined in Section 12.12.040(A)(1)(a). No alcoholic beverages may be sold in Town parks, except when allowed under a special event permit.
B. Individuals consuming alcoholic beverages must abide by State and Town laws, rules and regulations regarding alcohol consumption.
C. Glass beverage bottles and containers are not allowed in the park. (Ord. 09-330 § 1)
12.12.080 Advertising, entertainment, assembly.
A. No person shall post, paint, affix, distribute, deliver, place, cast or leave about, any sign, bill, billboard, placard, ticket, handbill, circular, or advertisement in Town parks.
B. No person shall do any of the following without a permit, provided that no permit shall be required for any action or event sponsored by the Town.
1. Display any advertising signs or other advertising matter, provided that a sign attached to a vehicle to identify the vehicle, or a sign lawfully on a taxicab or bus, is not prohibited.
2. Operate for advertising purposes any musical instrument, soundtrack or drum.
3. Hold public assemblages of twenty (20) persons or more without a use permit.
4. Conduct exhibitions without a use permit.
5. Hold a parade without a use permit.
12.12.090 Soliciting, gambling, sale of merchandise prohibited.
A. No person shall sell or offer for sale any goods, services or other things in any park or recreation area, without a use permit or license.
B. Solicit alms or contributions for any purpose, whether public or private.
C. Play any game of chance or have possession of any instrument or device for gambling.
D. Play, engage or take part in any game or competitive sport for money, or other valuable thing, without a written permit.
12.12.100 No Fires or burning.
A. No open fires or campfires are allowed in the park, except in the grills provided. Written requests for the use of other special fire containers shall be submitted to the Department, but may not be used without the written approval of the Department. Fire restrictions issued by the Town to help prevent wildfires may prohibit all fires, including the use of park grills, from time to time.
B. All fires and burning are further subject to Town Code, Chapter 8.04, regulations of the United States Forest Service in Woodland Lake Park and on other United States Forest Service land, and other federal, state and local laws, rules and regulations.
12.12.110 Reservations and permits; appeals.
A. Information about applications and use permits is available at the Town of Pinetop-Lakeside Parks and Recreation Department, 1360 N. Niels Hansen Lane, Pinetop-Lakeside, Arizona 85929, telephone: (928) 368-8696 ext. 3.
B. Reservations for scheduled events and use permits for parks and recreation areas may be obtained by application to the Department on forms provided by the Department. The following information shall be provided:
1. The name and address of the applicant.
2. The name and address of the person, persons, corporation or association sponsoring the activity; if any.
3. The day and hours for which the permit is desired.
4. The park or portion thereof for which the permit is desired.
5. Any other information reasonably necessary to a determination as to whether a permit should be issued hereunder.
6. Any requests for variances from park rules and regulations.
C. Standards for scheduling an activity or issuing a use permit shall include the following findings:
1. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public’s enjoyment of the park.
2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
3. That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
4. That the proposed activity will not entail extraordinary or burdensome expense or police operation by the Town.
5. That the facilities desired have not been reserved for other use on the date and hour requested in the application.
D. Appeals. Within ten (10) days after the receipt of an application the Department shall tell an applicant in writing of its decision to grant or deny a permit. In the event of a denial the notification shall include the reason for the denial. Any aggrieved person shall have the right to appeal to the Town Manager, by serving written notice thereof on the Town Clerk within five (5) working days of the denial. A copy of the notice of appeal shall also be served by the applicant on the Town Manager and the Department Head for the Parks and Recreation Department. The Town Manager or a Hearing Officer appointed by the
Town Manager shall meet and decide within ten (10) days from the receipt of the appeal by the Town Clerk. The decision of the Town Manager shall be final.
E. An applicant for a use permit may be required to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined prior to the commencement of any activity or issuance of any permit.
F. Revocation. The Department shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
12.12.120 Park fees and Charges.
Fees for Parks use and security deposits to pay for damage and cleanup shall be set from time to time by resolution of the Town Council. Cleanup or damage costs which exceed the amount of the security deposit shall be paid by the applicant or responsible party for the event. Unpaid fees including excess fees for cleanup or damages may be recovered by the Town by filing a civil lawsuit in the Pinetop-lakeside Justice Court, the Navajo County Superior Court or any other court of competent jurisdiction.
12.12.130 Enforcement and penalties.
A. The Town police department, the Code Enforcement Officer, and employees of the Parks and Recreation Department shall, in connection with their duties imposed by law, enforce the provisions of this Chapter.
B. The Town police department, the Code Enforcement Officer, and employees of the Parks and Recreation Department shall have the authority to order any person or persons acting in violation of this ordinance to leave the park or recreation area.
C. Violators of this Chapter may be cited using the uniform traffic citation form or any other form approved by the Chief of Police. The citation shall show the specific Section or Sections alleged to have been violated, a brief description of the violation, whether the citation is for a civil or criminal offense, and whether the violation is charged as a second, third or greater offense. If there is no designation of a second or greater offense, the citation shall be considered a first offense. For continuing violations, the dates or the number of days shall also be noted on the citation.
D. Violations of the following sections of this Chapter shall be charged on the first and subsequent offenses as a Class 2 Misdemeanor:
1. Sections 12.12.040.A.5, 6, 7, 13, 14, 15, and 19.
2. Section 12.12.070.A, B, and C.
3. Section 12.12.090.C, and D.
4. Section 12.12.100.A, and B.
5. Section 12.12.130.B.
E. Civil Violations. When a violation of this Chapter, except as set forth in section 12.12.130.D, above, is undesignated or designated a first offense by the enforcement officer or the Town Attorney, a person found to have been in violation of this Chapter shall be deemed to have committed a civil offense and shall be subject to a civil penalty of not less than Fifty Dollars ($50) nor more than Five Hundred Dollars ($500), plus restitution for personal injuries, property damage or any other economic loss suffered by any person including the Town.
F. Criminal Violations. When a person convicted of a violation of this Chapter is a person who has been previously convicted of a violation of a provision of this Chapter within a period of twelve (12) months, the person shall be deemed to have committed a Class 2 Misdemeanor, pursuant to Arizona Revised Statutes, Title 13, Chapters 6, 7 and 8, as amended, and shall be subject to a fine of not less than Seventy-Five Dollars ($75) nor more than Seven Hundred Fifty Dollars ($750) for each violation or count, plus surcharges, fees and restitution for personal injuries, property damage or any other economic loss suffered by any person including the Town.
G. Jail Time. No violator shall be subject to jail time for offenses charged pursuant to this Chapter, but this prohibition shall not apply to offenses designated as violations of Arizona revised Statutes, the United States Code or other applicable laws.