Chapter 12.48
CITY PARK REGULATIONS1
Sections:
12.48.010 Purpose.
12.48.020 Motorized vehicles.
12.48.030 Fire.
12.48.040 Garbage and other refuse.
12.48.050 Permit for use of designated area.
12.48.060 Sound.
12.48.070 Hours of use – Sleeping and camping.
12.48.080 Hours of park closure.
12.48.090 Liability.
12.48.100 Wildlife.
12.48.110 Flora.
12.48.120 Marking, injuring, or disturbing any structure.
12.48.130 Authority of city manager.
12.48.010 Purpose.
The parks of this city are established and maintained as areas of recreation, relaxation, and enjoyment for the public. It is intended that they shall be regulated and used to permit enjoyment by a maximum number of people engaged in widely diverse interests and activities as may be practical within the limits of space, design, and accommodations available in each park unit. Limitations may be required to insure the use of park areas in safety and to protect the rights of others in surrounding areas. (Ord. 01-118 § 1, 2001)
12.48.020 Motorized vehicles.
Motorized vehicles, such as autos, trucks, motorcycles, mopeds, motor scooters, go-carts, etc., shall operate, stop, or park only upon designated roadways or within designated parking areas. Exceptions will include:
A. Maintenance equipment when operated by authorized personnel;
B. The loading and unloading of materials, supplies, or equipment as authorized by the parks department. (Ord. 01-118 § 1, 2001)
12.48.030 Fire.
No person shall build or maintain any fire in a park except in fire rings or fireplaces as provided by the city, or in a stove or barbecue unit where picnic areas are provided. No person shall take firewood from any park for personal use unless authorized by park officials. (Ord. 01-118 § 1, 2001)
12.48.040 Garbage and other refuse.
A. No person shall discard or dispose of any garbage or other refuse in a park except in a receptacle provided for such garbage and other refuse.
B. No person shall take any garbage or other refuse into a public park for the purpose of discarding or disposing of such garbage or other refuse. (Ord. 01-118 § 1, 2001)
12.48.050 Permit for use of designated area.
The city manager is authorized to issue permits for public use of a designated area in a park for such activities as picnicking, softball, and other special events or activities as she or he may deem appropriate. Permits shall have a priority use over all other uses. The city manager reserves the right to refuse or revoke a permit and may retain all fees and deposits for, but not limited to, the failure to comply with park and city rules and regulations, any special conditions specified on the permit, or any order or directive issued by the city manager’s office, the police, or the parks and recreation department. (Ord. 01-118 § 1, 2001)
12.48.060 Sound.
A. No person shall disturb the peace in any park between the hours of 10:00 p.m. and 7:00 a.m. For purposes of this subsection, disturbing the peace is defined as including, but not being limited to, the following:
1. Playing a musical instrument;
2. Playing a radio;
3. Shouting;
4. Engaging in any organized games.
B. No person shall use any device to amplify sound in any park unless a valid permit has been issued by the city manager under this chapter.
C. The city manager may issue a sound permit authorizing the use of one or more designated devices to amplify sound by one or more designated persons in a designated area of a park on a designated date between specific hours if, according to his or her reasonable discretion, the number of persons to be entertained or served by the use of sound can be adequately and reasonably served only by the amplification of sound. The city manager may include conditions in such a permit which she or he deems reasonable, and may revoke a permit if the terms of the permit are violated, or may deny a permit to a person or group of persons who have violated the terms of a permit within the previous year.
D. No person who holds a valid sound permit issued by the city manager shall amplify sound within a park in violation of any conditions stated in that permit. (Ord. 01-118 § 1, 2001)
12.48.070 Hours of use – Sleeping and camping.
A. No person shall sleep in any park between the hours of 10:00 p.m. and 7:00 a.m., except as provided in subsection C of this section.
B. No person shall use any tent, shelter-half, motor home, vehicle, camper, or trailer as a shelter for housing or sleeping in any park area, except as provided in subsection C of this section.
C. The city manager may, in his or her reasonable discretion, issue permits or designate areas for the use of tents, shelter-half, motor homes, vehicles, campers, or trailers as shelters for housing or sleeping in parks for any overnight sleeping in parks between the hours of 10:00 p.m. and 7:00 a.m. (Ord. 01-118 § 1, 2001)
12.48.080 Hours of park closure.
No person shall enter or use any park during posted hours of closure without a permit to do so from the city manager. (Ord. 01-118 § 1, 2001)
12.48.090 Liability.
All persons to whom an exclusive use permit has been granted must agree in writing to hold the city harmless and indemnify the city from any and all liability from injury to persons or property occurring as a result of the activities sponsored by permittee. The person shall be liable to the city for any and all damages to park facilities and buildings owned by the city which result from the activity of permittee or is caused by any participant in the activity. (Ord. 01-118 § 1, 2001)
12.48.100 Wildlife.
No person, without the written permission of the city manager, shall trap, harm, mutilate, maim, abuse, or destroy any wildlife inhabiting or found in a park area. This section shall not apply to duly authorized city employees in the performance of their duties. (Ord. 01-118 § 1, 2001)
12.48.110 Flora.
No person other than a duly authorized city employee in the performance of his or her duty or persons participating in city-approved activities shall dig, remove, destroy, injure, mutilate or cut any trees, plants, shrubs, blooms, or flowers or any portion thereof growing in any park. (Ord. 01-118 § 1, 2001)
12.48.120 Marking, injuring, or disturbing any structure.
No person other than a duly authorized city employee in the performance of his or her duty shall:
A. Cut, break, injure, deface, or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property in a park;
B. Mark or place any mark, writing, or printing on any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property in a park;
C. Attach any sign, card, display, or similar device to any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property in a park, except as authorized by permit issued by the city manager. (Ord. 01-118 § 1, 2001)
12.48.130 Authority of city manager.
A. Whenever this chapter makes reference to the exercise of reasonable discretion of the city manager, she or he shall take into account the use and enjoyment of the parks for the maximum number of people.
B. The city manager is authorized to establish and revise fees for permits issued in accordance with the provisions of this chapter.
C. The city manager is authorized to establish and revise fees for recreation programs.
12.48.140 Penalty.
Any person who violates any provisions of this chapter shall, upon conviction, be punished by a fine of not more than $500.00. (Ord. 01-118 § 1, 2001)
Code reviser’s note: This chapter has been editorially renumbered to avoid conflict with an earlier Chapter 12.44.