Chapter 8.44


8.44.010    Definitions

8.44.020    Buildings And Other Property

8.44.030    Trees, Shrubbery, And Lawns

8.44.040    Wild Animals And Birds

8.44.050    Sanitation

8.44.060    Traffic

8.44.070    Parking

8.44.080    Bicycles

8.44.085    Skating, Skateboarding And Rollerblading At City Owned Parks And Recreational Facilities

8.44.090    Picnic Areas And Use

8.44.100    Camping

8.44.110    Games

8.44.120    Horseback Riding

8.44.130    Liquor

8.44.140    Curfew

8.44.150    Amplified Sound

8.44.160    Merchandising, Advertising And Signs

8.44.170    Permits

8.44.180    Fees

8.44.190    Violations--Penalties

8.44.010 Definitions:

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A.    "Director" shall mean the director of recreation.

B.    "Park" shall mean a park, reservation, playground, recreation center, or any other area owned or used by the city and devoted to active or passive recreation.

C.    "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

D.    "Vehicle" shall mean any wheeled conveyance, whether motor powered, animal drawn, or self-propelled. "Vehicle" shall include any trailer in tow of any size, kind, or description. An exception is made for vehicles in the service of the city. (Ord. 462 §1, 2006)

8.44.020 Buildings And Other Property:

It shall be unlawful for any person in a city park:

A.    To wilfully mark, deface, disfigure, injure, tamper with, or displace or remove any building; bridge; table; bench; fire pit; railing; paving or paving material; water line or other public utility or parts or appurtenances thereof; sign, notice, or placard, whether temporary or permanent; monument, stake, post, or other boundary marker; or other structure or equipment, facility, or park property or appurtenance whatsoever, either real or personal;

B.    To fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of five (5) years shall use the restrooms and washrooms designated for the opposite sex;

C.    To dig or remove any soil, rock, stone, tree, shrub, plant, down timber or other wood or materials or make any excavation by tool, equipment, blasting, or other means or agency; and

D.    To construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special written permit issued pursuant to this chapter. (Ord. 462 §1, 2006)

8.44.030 Trees, Shrubbery, And Lawns:

It shall be unlawful for any person in a city park:

A.    To damage, cut, carve, transplant, or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant; nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area;

B.    To climb any tree or walk or stand or sit upon monuments, vases, fountains, railings, fences, or upon any other property not designated or customarily used for such purposes; and

C.    To tie or hitch a horse or other animal to any tree or plant. (Ord. 462 §1, 2006)

8.44.040 Wild Animals And Birds:

It shall be unlawful for any person in a city park:

A.    To hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal, reptile, or bird; nor shall any person remove or have in possession the young of any wild animal or the eggs or nest or young of any bird; and

B.    To give or offer, or attempt to give to, any animal or bird any known noxious or toxic substance. (Ord. 462 §1, 2006)

8.44.050 Sanitation:

It shall be unlawful for any person in a city park:

A.    To throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, stream, or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters any substance, matter, or thing, liquid or solid, which will or may result in the pollution of such waters;

B.    To have brought in or dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or be left anywhere on the grounds thereof, but shall be placed in the proper receptacles where they are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and be properly disposed of elsewhere; and

C.    To allow a dog or other pet to roam free in the park, or to fail to pick up and properly dispose of any excrement deposited or left by such dog or pet. (Ord. 462 §1, 2006)

8.44.060 Traffic:

It shall be unlawful for any person in a city park:

A.    To fail to comply with all the applicable provisions of the state motor vehicle traffic laws in regard to the equipment and operation of vehicles, together with such regulations as are contained in this code;

B.    To fail to obey all traffic officers and park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets, or roads immediately adjacent thereto in accordance with the provisions of this section and such supplementary regulations as may be issued subsequently by the director;

C.    To fail to observe carefully all traffic signs indicating speed, direction, caution, stopping, or parking and all other signs posted for proper control and to safeguard life and property; and

D.    To drive any vehicle on any area, except on paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the director. (Ord. 462, §1, 2006)

8.44.070 Parking:

It shall be unlawful for any person in a park to park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present. (Ord. 462 §1, 2006)

8.44.080 Bicycles:

It shall be unlawful for any person in a city park:

A.    To ride a bicycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use;

B.    To ride a bicycle other than on the right hand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two (2) or more are operating as a group. Bicyclists shall at all times operate their bicycles with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking, and pass to the right of any vehicle they may be meeting;

C.    To ride any other person on a bicycle;

D.    To leave a bicycle in a place other than a bicycle rack when such is provided and there is space available; and

E.    To leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by such bicycle. (Ord. 462 §1, 2006)

8.44.085 Skating, Skateboarding And Rollerblading At City Owned Parks And Recreational Facilities:

A.    Safety Requirements: No person shall skate, ride a skateboard, rollerblade, or permit a minor for whom he or she is responsible, to skate, ride a skateboard, or rollerblade, in any city park or recreational facility unless the person, while skating, riding the skateboard, or rollerblading, is wearing a helmet, elbow pads and knee pads.

B.    Penalty--Infraction: Any person who violates any provision of this section is guilty of an infraction. (Ord. 462, 2006: Ord. 390 §1, 1995)

8.44.090 Picnic Areas And Use:

It shall be unlawful for any person in a city park:

A.    To picnic or lunch in a place other than a place designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end; and

B.    To leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage, and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. (Ord. 462 §1, 2006)

8.44.100 Camping:

It shall be unlawful for any person in a city park:

A.    To camp in other than permanent places so provided and designated for camping.

B.    No person shall set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or which could be used for such purpose, such as a house trailer, camp trailer, camp wagon, or the like, except where permitted. (Ord. 462 §1, 2006)

8.44.110 Games:

It shall be unlawful for any person in a city park:

A.    To take part in or play any game involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins, or model airplanes, except in areas set apart for such forms of recreation.

B.    The playing of rough or potentially dangerous games to others, such as football, baseball, and soccer, shall be prohibited, except on the fields and courts or areas provided therefor. (Ord. 462 §1, 2006)

8.44.120 Horseback Riding:

It shall be unlawful for any person in a city park:

A.    To ride a horse, except on designated bridle trails.

B.    Where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree, or shrub. (Ord. 462 §1, 2006)

8.44.130 Liquor:

It shall be unlawful for any person in a city park:

A.    To drink, consume or possess any alcoholic beverages a any time; or

B.    To be under the influence of intoxicating liquor. (Ord. 462 §1, 2006)

8.44.140 Curfew:

It shall be unlawful for any person in a city park:

A.    To be or remain in any park at any time established by resolution of the council as designated nighttime hours during which a park is closed to the public.

B.    The opening and closing hours for each individual park shall be posted at each entrance and exit thereof for public information. (Ord. 462 §1, 2006)

8.44.150 Amplified Sound:

It shall be unlawful for any person in a city park:

A.    To operate any equipment which amplifies sound, to include radios, sound systems, or other electronic device, without first obtaining a sound permit from the police department. (Ord. 462 §1, 2006)

8.44.160 Merchandising, Advertising And Signs:

It shall be unlawful for any person in a park:

A.    To provide or offer for sale any article or thing; nor shall any person place any stand, cart, or vehicle for the transportation, sale, or display of any such article or thing. An exception is hereby made for any licensed concessionaire or nonprofit group, acting by and under the authority and regulation of the city council;

B.    To announce, advertise, or call the public attention in any way to any article or service for sale or hire; and

C.    To paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription whatever; nor shall any person erect or cause to be erected any sign whatever on any public lands, highways’, or roads adjacent to a park. (Ord. 462 §1, 2006)

8.44.170 Permits:

A permit shall be obtained from the director before participating in any park activity in which twenty (20) or more individuals constitute a group or organization for such park activity.

A.    Applications: A person seeking the issuance of a permit shall file an application with the director. The application shall state:

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 such permit is desired;

5.    The activity to be conducted;

6.    An estimate of the anticipated attendance;

7.    A statement whereby the applicant agrees to hold harmless the city from any liability or damage which may arise from the proposed use or activity; and

8.    Any other information which the director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.

B.    Standards For Issuance: The director shall issue a permit hereunder when it is found:

1.    The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park:

2.    The proposed activity and use will not unreasonably interfere with or detract from the promotion of the public health, welfare, safety, and recreation:

3.    The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct:

4.    The proposed activity will not entail unusual, extraordinary, or burdensome expense or police operation by the city;

5.    The facilities desired have not been reserved for other use on the day and hours required in the application; and

6.    Insurance shall be required in an amount to be established by resolution of the council on the issuance of a permit for any of the following uses: commercial uses; use of the premises for any event lasting longer than one day; and special events which are reasonably able to attract more than twenty (20) spectators or participants: and

7.    Any other special permits required by the city, police department, fire department, or county health department are obtained first.

C.    Special Requirement: The director may require private security or city police officers to be present at the event, at the cost of the permittee.

D.    Issuance Or Denial: Within five (5) working days after the receipt of an application, the director shall issue the permit or apprise an applicant in writing of reasons for refusing a permit.

E.    Effect Of Permits: A permittee shall be bound by all park rules and regulations and all applicable laws fully as though the same were inserted in such permits.

F.    Liability Of Permittees: The person or persons to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.

G.    Revocation: The director shall have the authority to revoke a permit upon a finding of violation of any rule or law or upon good cause shown. (Ord. 462 §1, 2006)

8.44.180 Fees:

The director is authorized and directed to charge and collect such fees as may be established by resolution of the council for the use of park facilities. (Ord. 462 §1, 2006)

8.44.190 Violations--Penalties:

Any person who violates, or refuses to abide by, any provision of this chapter shall be subject to the penalties set forth in title 1, chapter 1.12 of this code. (Ord. 462 §1, 2006)