Chapter 26
PARKS AND RECREATION¹

Art. I. In General, §§ 26-1 – 26-15

Art. II. Reserved, §§ 26-16 – 26-31

Art. III. Park Regulations Generally, §§ 26-32 – 26-38

Art. IV. Street Trees, §§ 26-39 – 26-52

ARTICLE I. IN GENERAL

Sec. 26-1. Definitions.

For the purposes of this chapter, the following words shall have the meanings indicated unless the context clearly requires otherwise:

Director means the director of parks and recreation or his or her designated assistants.

Park means a park, playground, beach, open space or recreation center in the city, owned by the city or dedicated to public recreational use.

Recreation means the leisure activity of individuals or groups of individuals in the parks as deemed appropriate by the director. (Ord. No. 3176, § 1, 10-22-73; Ord. No. 3554, § 1, 12-1-80; Ord. No. 4008, § 1, 7-22-91)

Sec. 26-2. Parks and recreation advisory commission.

Pursuant to section 2-180 of this code there is established and created a commission to be known as the parks and recreation advisory commission. The parks and recreation advisory commission shall have the duties as provided for in sections 2-180 through 2-186 of this code. (Ord. No. 3966, § 4, 7-23-90)

Secs. 26-3 – 26-15. Reserved.

ARTICLE II. RESERVED²

Secs. 26-16 – 26-31. Reserved.

ARTICLE III. PARK REGULATIONS GENERALLY

Sec. 26-32. Operation.

(a) Except when otherwise ordered by the director, or as otherwise posted, all parks of the city shall be open to the public every day of the year between the hours of 6:00 a.m. and 12:00 p.m.

(b) Lighting for athletic events shall not be permitted after 11:00 p.m., except when ordered by the director.

(c) Persons and vehicles shall be excluded from the parks of the city during hours of closure except for necessary transit through the parks. (Ord. No. 3176, § 2, 10-22-73; Ord. No. 3589, § 1, 9-8-81)

Sec. 26-33. Recreational activities.

(a) The director shall have the authority to regulate activities in any area where necessary to prevent congestion and to secure maximum use of the parks for the comfort and convenience of the public.

(b) All persons using the parks of the city shall comply with any directions of the director in the use of recreational areas of the parks. (Ord. No. 3176, § 3, 10-22-73)

Sec. 26-34. Use of park property.

(a) No person shall willfully mark, deface, disfigure, injure, tamper with or display or remove any buildings, tables, benches, fireplaces, railings, pavings, or other public properties or facilities or any part or parts thereof, nor tamper with nor remove any signs, notices, monuments, stakes, posts, or other boundary markers, or any other structures, equipment or facilities on park property, nor shall any person damage, cut, carve, transplant or remove any tree or plant, nor pick any flower or seedlings within any park of the city.

(b) No person shall attach any rope, wire, or other contrivance to any tree or plant.

(c) No person shall dig or otherwise disturb any grass areas of any park, or in any other way injure or impair the natural beauty of any park area.

(d) No person shall utilize any kind of chemical to induce the gathering or harvesting of worms or bait within any city park area.

(e) Section 8-31 of this code shall apply in all areas designated by the city as park properties. All dogs shall be required to be on a leash at all times when visiting city parks. Parties responsible for dogs shall clean up and remove any and all fecal matter deposited by dogs within or on park property. Responsible party shall mean any individual or person owning, possessing or having within their immediate vicinity, custody or control of a dog. Responsible persons who do not clean up after their dogs shall be guilty of a misdemeanor.

(f) Beer and wine may be possessed and consumed in city parks by permit only as provided in section 6-2 of this code. (Ord. No. 3176, § 4, 10-22-73; Ord. No. 3743, § 1, 5-7-84; Ord. No. 3819, § 1, 7-14-86; Ord. No. 4008, § 2, 7-22-91; Ord. No. 4331, § 2, 9-15-03)

Cross reference – Utilizing chemicals to induce the gathering or harvesting of worms or bait within cemetery area, § 11-87(p).

Sec. 26-35. Conduct.

No person in any park shall:

(1) Prevent any person from using any park or any park facility, or interfere with any lawful use thereof.

(2) Swim, bathe, or wade in any water or waterways, or pool or fountain in any park, except in such places as are provided therefor and in compliance with such rules and regulations as are posted therefor.

(3) Use any portion of the picnic areas or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other purposes, nor use such areas and facilities for unreasonable lengths of time.

(4) Set up tents, shacks, or other temporary shelter for the purpose of camping, except by permission of the director.

(5) Participate in the playing of any games involving dangerous objects such as stones, arrows, or javelins, except in areas set apart for such forms of recreation by the director. Golfing or driving golf balls shall be prohibited except in duly constituted golf courses or driving ranges.

(6) Ride horses or other animals, except on designated bridle trails or roadways. Where permitted, horses shall be under proper restraint and shall not be permitted to be unattended.

(7) Violate the posted rules for the use of any tennis court.

(8) Expose or offer for sale any article or thing, nor station or place in a stand, cart, or vehicle for the transportation, sale or display of any article or object. This section shall not apply to regularly licensed concessionaires acting by and under the authority of the parks and recreation department of the city.

(9) Distribute, leave, or throw any advertising material or give away or otherwise distribute for advertising purposes any goods or wares within any park of the city.

(10) Paste, glue, tack, or otherwise post any signs, advertisements, or inscriptions whatever, except as may be authorized by the director. (Ord. No. 3176, § 5, 10-22-73; Ord. No. 4008, § 3, 7-22-91)

Sec. 26-36. Traffic.

No person in any park shall:

(1) Fail to obey any police officer or park and recreation department employee involved in directing traffic.

(2) Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except where another speed is properly posted.

(3) Drive any vehicle on any area except paved park roads or parking areas, except as may be otherwise designated by the director.

(4) Park a vehicle in other than established or designated parking area.

(5) Leave a vehicle standing or parked after closing hours of the park.

(6) Double park any vehicle on any road or parkway, unless directed by a police officer or parks and recreation department employee. (Ord. No. 3176, § 6, 10-22-73)

Cross reference – Traffic, Ch. 35.

Sec. 26-37. Enforcement.

All duly constituted police officers, the director and all employees of the parks and recreation department shall have authority to enforce any provision of this article, and shall have the authority to eject from any park or public facility any person violating any provision of this article. (Ord. No. 3176, § 7, 10-22-73)

Sec. 26-38. Violation.

Any person violating any provision of this article shall be guilty of a misdemeanor. (Ord. No. 3176, § 8, 10-22-73)

ARTICLE IV. STREET TREES³

Sec. 26-39. Statement of purpose.

The city of Lewiston hereby declares that it shall be the policy of the city to protect trees planted and growing within the public right-of-way. It shall also be the policy of the city to prohibit the planting and growing of types or kinds of trees that may be hazardous, susceptible to injurious pest and/or disease or damaging to streets, sidewalks and curbs. Further, the city finds and declares that providing an aesthetically attractive plan to planting and growth of trees for the beautification of the streets of the city is in the best interests of the city. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-40. Definitions.

For the purposes of this article, the following words shall have the following meanings:

Diseased tree: Any tree which has become blighted, defaced, infected or has acquired a disease not capable of care through treatment or the use of any acceptable form of spray material.

Forester: The person responsible for administering the city’s street tree program as provided for in this article.

Injurious pest or disease: An organism capable of seriously damaging the form or structural integrity of a tree.

Owner: Every person including an owner, agent, tenant, occupant or lessee who exercises care, custody and control of real property within the city of Lewiston.

Person: Any person, firm, partnership, corporation, association, company, municipal corporation, or other governmental entity or organization of any kind.

Public right-of-way: Improved or unimproved public property dedicated or deeded to the city for the purpose of providing vehicular, pedestrian and public use.

Street tree list: The list of acceptable trees and acceptable planting practices for trees located within the public right-of-way.

Tree pruning practices: Rules and regulations adopted for purposes of describing appropriate tree pruning practices and procedures for trees located in, upon and over the public right-of-way.

Trees: Any plant materials which at maturity would exceed a height of more than thirty (30) inches. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-41. Authority of forester.

The forester, subject to the provisions of this article, is hereby authorized to:

(1) Plant, prune, spray, preserve and remove trees in the public right-of-way or preserve the symmetry and beauty of trees located within the public right-of-way.

(2) Order the pruning, spraying, preservation or removal of trees upon private property when he shall find such action necessary to prevent the spread of injurious pest or disease to trees located within the public right-of-way.

(3) Supervise all work done under a permit issued in accordance with the terms of this article.

(4) Prepare a street tree list consisting of acceptable trees, size and variety, proper planting instructions, and tree spacing of trees located within the right-of-way which shall be approved by the urban forestry advisory commission.

(5) Prepare rules and regulations containing guidelines for the pruning of trees located within the right-of-way, to be known as the tree pruning practices.

(6) Provide a form for applying for the planting, pruning, or removal of trees located within the public right-of-way. (Ord. No. 3776, § 1, 7-1-85; Ord. No. 4008, § 4, 7-22-91)

Sec. 26-42. Urban forestry advisory commission.

Pursuant to section 2-180 of this code there is established and created a commission to be known as the urban forestry advisory commission. The urban forestry advisory commission shall have the duties as provided for in sections 2-180 through 2-186 of this code. (Ord. No. 3776, § 1, 7-1-85; Ord. No. 3966, § 5, 7-23-90)

Sec. 26-43. Permit required.

No person or owner shall plant any tree within the public right-of-way until a permit shall have been issued by the forester. Applications for tree planting shall be filed with the forester. Such tree must be the type and variety permitted by the street tree list. The forester shall approve each tree for appropriateness and ensure freedom from injurious pest or disease. Any application denied by the forester shall be returned to the applicant with the reasons for the refusal noted thereon. The applicant may file a new application or an amended application at any time thereafter. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-44. Contents of permit; variances from tree list.

(a) Each permit issued for tree planting shall designate the type and variety of tree permitted. The forester shall designate the appropriate location of the tree on the permit.

(b) Approved species, species not permitted, authorized spacing information and minimal tree well sizes for trees planted in paved areas shall be obtained from the street tree list.

(c) Permission for variance from the street tree list may be granted by the forester when said variance will be in the best interests of the city. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-45. Street tree removal.

(a) It shall be unlawful for an owner to remove any tree from the public right-of-way until a permit shall have first been issued by the forester. Applications for such tree removal shall be filed with the forester and if in the judgment of the forester such removal is desirable a permit shall be issued. All work of removal shall be under the supervision of the forester but shall be at the sole expense of the applicant.

(b) Any removal of trees for emergency or public safety reasons shall be supervised by the forester. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-46. Forester to revoke permit.

The forester is authorized and directed to stop work being performed contrary to the tree pruning practices or under a permit issued by the forester. An aggrieved person may appeal the action of the forester as provided for in section 26-52. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-47. Street tree pruning.

All trees located within the public right-of-way shall be pruned by the owner of the abutting property as provided for in Chapter 35.5 of this code and the tree pruning practices. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-48. Injurious pests or diseases.

(a) All injurious pests and diseases infecting any tree within the city are hereby declared to be public nuisances.

(b) It shall be the duty of the owner of any private property within the city to take all proper measures for the eradication of any injurious disease or pest infecting or infesting any tree and to cause the same to be sprayed with an effective formula approved by the forester.

(c) The owner of property abutting the public right-of-way shall be responsible for prohibiting the infestation, or spread or continued existence of injurious pests or disease, and their eggs or larvae, to any tree located within the public right-of-way. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-49. Collection of costs.

In the event the owner of property abutting the right-of-way fails to eradicate injurious pests or diseases, or their eggs or larvae, the same shall be done by the city under the supervision of the forester and the costs and charges incurred thereby are declared to be a lien upon the real property owned by such person and collected as provided for in Idaho Code, Section 50-1008. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-50. Authority of the city.

Nothing in this article shall prohibit the city, without charge to the owners of the abutting property, from eradicating injurious pests and diseases or pruning trees located within the public right-of-way. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-51. Penalties.

Any violation of the provisions of this article is declared a misdemeanor punishable by a fine not to exceed three hundred dollars ($300.00) and imprisonment not to exceed six (6) months. (Ord. No. 3776, § 1, 7-1-85)

Sec. 26-52. Appeal of forester action.

Any person aggrieved by the action of the forester may appeal to the urban forestry advisory commission by delivering written notice to the director of parks and recreation. The urban forestry advisory commission shall hold a hearing upon a notice being given to the appellant. Notice of the hearing shall be given indicating the time and place of the hearing at least five (5) days prior to the hearing. The decision of the urban forestry advisory commission may be appealed to the city council upon delivery of written notice to the city clerk. Written notice of appeal shall be delivered to the city clerk within fourteen (14) days of the decision of the urban forestry advisory commission. The city clerk shall file the notice of appeal with the council. The council may decide to hear or not hear the appeal. If the council decides to hear the appeal, notice of the hearing shall be given indicating the time and place of the hearing at least five (5) days prior to the hearing. If the council decides not to hear the appeal, the decision of the urban forestry advisory commission will be final. (Ord. No. 3776, § 1, 7-1-85; Ord. No. 4008, § 5, 7-22-91)

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Footnotes

1. Cross references – Manufactured homes and tourist facilities, Ch. 23; subdivisions, Ch. 32; zoning, Ch. 37.

2. Editor’s note – Ord. No. 3966, § 1, adopted July 23, 1990, repealed former Art. III, §§ 26-16 – 26-19, relative to the parks and recreation commission, which derived from Ord. No. 3261, §§ 1 – 4, adopted March 10, 1975; and Ord. No. 3554, § 2, adopted Dec. 1, 1980.

3. Cross reference – Tree pruner’s license, § 21-199 et seq.; vegetation, Ch. 35.5; compliance with tree pruning practices, § 35.5-1.