CHAPTER 1
PARKS AND WATERWAYS RULES AND REGULATIONS
SECTION:
10-1-2: Prohibited Acts Relating To Park Property
10-1-4: Recreational Activities
10-1-6: Merchandising, Advertising And Signs
10-1-1 DEFINITION:
"Park" shall be defined as any and all lands, buildings, reserves, sports complexes, swimming pools, trails and other special places including the Boise River greenbelt, that are owned, operated or maintained by Garden City, and are delineated generally in the publication known as the Garden City park system map, and/or specifically in the inventory of park properties at the office of the public works director. (1988 Code)
10-1-2 PROHIBITED ACTS RELATING TO PARK PROPERTY:
A. No person in any park shall:
1. Wilfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving material, water lines or other public utilities or parts or appurtenances whatsoever, either real or personal, or have in his possession any of the foregoing things or objects, or any part thereof.
2. 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.
3. 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 hereunder.
4. 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.
5. Hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, shoot or throw missiles at any animal, 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; nor shall he collect, remove, have in his possession, give away, sell or offer to sell, buy or offer to buy, or accept as a gift, any specimen alive or dead collected from any park areas.
6. Give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substances.
7. Climb upon or go inside security fences within areas as directed by authorized park personnel during emergencies or when repairs or maintenance operations are under way or when duly posted as being restricted.
B. Park Access, Construction Use And Easements:
1. Purpose And Objectives: Garden City public works is responsible for the stewardship of all Garden City park properties, and thus any imposing developments upon them. GCPW shall regulate all nonpark related construction activity on or across park property and provide conditions to assure preservation of the public’s interest and proper restoration of the parks. Garden City projects shall be subject to internal policies and are specifically exempt from this the provisions of this chapter.
a. No person shall use any park property for access to adjoining or nearby property for any purpose, or to construct or install any facility or improvement upon, over or beneath park property except by license or easement issued or granted pursuant to the provisions of this chapter.
b. This chapter shall apply only to those properties owned and/or maintained by the city of Garden City.
c. Evaluation of the impact of the proposed project shall be made in terms of the site and the associated public use to determine the merit of granting the work.
d. Work will be allowed only by and/or with the approval of GCPW for a project that meets the department’s construction and restoration requirements.
e. This chapter provides for regulation of nonpark related access across, or construction activities on park property, and does not, in itself, provide a permanent easement or lease on a park property.
f. Routine maintenance of improvements located on a park property that are addressed by an established easement and maintenance agreement or license agreement are specifically exempt from the provisions of this chapter. For purposes of this chapter "routine" is defined as maintenance activities which do not require: placing undue restrictions on a park road, pathway, or recreation facility; excavation; or damage to park grounds or improvements unless otherwise specified by an established easement and maintenance agreement or license agreement.
2. Definition: "Construction use license" means authorized use of public park property by a private individual, contractor, utility company, firm or other entity for a specified purpose, activity, location and period of time. Uses include, but are not limited to: limited vehicular trespass across public park property for purposes of accessing an adjoining private property, aboveground utility work, trenching, grading, construction staging, or manipulation of park land or facilities for private purposes.
3. Construction Use License: An application for a construction use license is required in any case where an adjoining property owner, business, utility company, or other entity is requesting access through a park site or permission to stage, grade, or modify, in any manner, a public park property. The purpose of the license is to provide review of proposed nonpark related activity on park property to ensure the contemplated activity does not present a safety hazard to park users or pose an undue burden on park property, and to provide for assurances that the property owner, utility company or their authorized contractor, assumes all responsibility for any resulting damage to the park grounds, sprinkler systems, or other public park facilities that may occur as a result of the licensed activity on park property.
4. Restoration:
a. Provisions for restoration shall be addressed as part of conditions for a construction use license. All restoration of park property shall comply with GCPW standards and specifications. GCPW specifications are available upon request. Each restoration project will have its own list of specific requirements. Requirements for enacting restoration work shall be performed according to GCPW direction:
(1) GCPW Restoration: GCPW may generate restoration to ensure park properties are quickly and safely restored and repaired. All fees associated with labor and materials to restore property to GCPW satisfaction shall be incurred by applicant.
(2) Applicant Restoration: GCPW may direct that an applicant enact restoration efforts through an approved contractor with demonstrated expertise in the repair work required. All contractors must be licensed and bonded for the work to be done. All work shall be accomplished in accordance with GCPW construction standards and materials specifications. GCPW shall impose a time limit for applicant enacted restoration requirements to be completed by the approved contractor. GCPW staff shall inspect the contractor’s work for completeness and quality. Failure to meet restoration requirements in a satisfactory or timely manner shall be subject to the violation provisions of this chapter.
5. Easements:
a. Applicant: No individual, business, PUC regulated utility company, or other entity shall install a facility such as, but not limited to: pipe, wire, fiber optic, tower, or any other structure, either temporarily or permanently, without first securing an easement therefor in accordance with the provisions of this chapter.
b. Process And Fee Requirements:
(1) Applicant shall fill out a request for easement form identifying their name, contact person, nature of the proposed easement, and describe the park and its specific area to be affected.
(2) Applicant shall supply a written legal description and a map, stamped by an Idaho state certified surveyor or engineer, showing the line of proposed easement and all trees, shrubs, sidewalks, driveways, buildings, etc., within ten feet (10’) of the outer edges of the easement.
(3) Applicant must supply an appraisal of the property showing the highest and best use for the land where the easement will be located.
(4) If approved, the applicant shall be required to pay GCPW fifty percent (50%) of the appraised value of the property for the easement. Calculated cost will be based on the square footage of the easement.
(5) Applicant may be required to provide documentation of proof of insurance and/or bonding verification. Bonding may be required of large projects.
c. Government And Approved Public Utility Commission (PUC) Regulated Applicant Process: If the applicant’s business is a governmental agency or a PUC regulated utility and desires to be in another regulated entity’s approved utility easement, the following procedures shall apply:
(1) Show written proof the current easement holder has granted use of the easement to the applicant.
(2) Provide a legal description and/or map, stamped by an Idaho state certified surveyor or engineer, showing the proposed utility location on city park property and its relationship to the other utilities in the easement.
(3) Applicant may be required to provide documentation of proof of insurance and/or bonding verification. Bonding may be required of large projects.
(4) If the applicant desires to be on, or go through city park property (where a utility easement does not exist), the applicant must follow the general application process of subsection B5b of this section.
d. Government And PUC Regulated Businesses Within Public Utility Corridors:
(1) If the applicant’s business is a governmental agency or a public utility commission (PUC) regulated utility and desires to be within an established "public utility corridor", a legal description and/or map, stamped by an Idaho state certified surveyor or engineer, showing the proposed utility location on city park property and its relationship to other utilities and easements must be submitted.
(2) The applicant may be required to prove that the corridor its business wishes to be in is a legally established public utility corridor.
(3) Private non-PUC regulated utilities are not allowed in public utility corridors.
e. Easement Review Process: Application materials for a requested easement must be accepted as complete by GCPW prior to scheduling the application for a public hearing and city council review. Thereafter, council will take action at its next regularly scheduled meeting. (1988 Code)
10-1-3 TRAFFIC:
A. No person in any park shall:
1. Fail to comply with all applicable provisions of this code and Idaho state code relating to the operation of motor vehicles and as contained in this and other ordinances.
2. Fail to obey all police officers and park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks.
3. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking, and all others posted for proper control of traffic and to safeguard life and property.
4. Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles an hour, except upon such roads designated, by posted signs, for speedier travel.
5. Drive any motor vehicle on any area, including the Boise River greenbelt, except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas, unless in a restricted motor vehicle.
6. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions and with the instructions of any attendant who may be present.
7. Leave a vehicle standing or parked after closing hours of the park.
8. Double park any vehicle on any road or parkway unless directed by a police officer or a park attendant.
9. Fail to use a muffler adequate to deaden the sound of the engine in a motor vehicle designed to prevent excessive or unusual sound and annoying smoke. No person shall use a muffler cutout, bypass or other similar device.
10. Ride a bicycle on portions of the Garden City greenbelt system that have been officially designated and signed by the city as "pedestrian only" sections of the greenbelt.
B. Definitions: For the purposes of this section, the following definitions shall apply:
1. "Motor vehicle" means every vehicle which is self-propelled, except vehicles moved solely by human power and motorized wheelchairs. As used in this section, the definition of "motor vehicle" includes a moped propelled by the motor and an electric personal assistive mobility device as defined in Idaho Code title 49.
2. "Restricted motor vehicle" means:
a. A motor vehicle operated by law enforcement personnel;
b. An emergency motor vehicle operated for purposes of transporting humans in need of emergency services; and
c. A motor vehicle authorized or permitted by the public works department.
C. Unless otherwise provided by state law, a violation of this section shall be an infraction punishable by a fine of seventy-four dollars ($74.00), plus court costs. (Ord. 914-09, 6-8-2009; Ord. 955-12, 12-10-2012)
10-1-4 RECREATIONAL ACTIVITIES:
A. No person in any park shall:
1. Boat, windsurf, swim, bathe or wade in any water or waterways in any park, except in such water and at such places as are provided therefor and in compliance with such rules and regulations promulgated and posted by the Garden City parks and waterways committee.
2. Fish in any waters, whether by the use of a hook and line, net, trap, or other device, except in waters designated for that use and under such regulations and restrictions as have been or may be promulgated and posted by the Garden City parks and waterways committee.
3. Use firearms of any descriptions, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device; or discharge, or have in his possession, any fireworks; or shoot into park areas from beyond park boundaries; provided that it shall be lawful for police officers or other duly authorized officers while on duty to use and carry firearms; and provided further that an archery range may be located and used in a park, subject to rules and regulations promulgated and posted by the Garden City parks and waterways committee. Provided further that this provision does not apply to lawful use, possession and transportation of firearms on designated firing ranges and provided further that this provision shall in no way interfere with lawful concealed weapons permits.
4. Fail or refuse to comply with directions given by park attendants in regulating the activities in any area when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all.
5. Violate the regulation that use of the individual fireplaces together with tables and benches follows generally the rules of "first come, first served". Picnickers shall be required to furnish their own firewood, charcoal and other equipment.
6. Use any portion of the picnic areas or of any building or structure within the park system for the purpose of holding events to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded; provided, however, reservations in advance may be made for any park facility where diamonds, courts, halls, rooms, gyms, gardens, picnic shelters or fireplaces are provided. All persons requesting advance reservation shall pay a fee as provided by the Garden City parks and waterways committee and shall observe all Garden City park system regulations and requirements. Failure to observe such Garden City public works rules and regulations shall result in the immediate termination of the advance reservation.
7. Move reserved tables without consulting a park attendant.
8. Leave all halls, rooms, gyms and other building facilities reserved for use in a condition identical to that when those facilities were permitted to the reservation holder for use. 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 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. Glass beverage containers are prohibited on all park and reserve properties of Boise City, except by permit.
9. Set up tents, shacks, or any other temporary shelter for the purpose of camping, except by special permission by the public works director, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used, or that could be used, for such purpose such as house trailer, camp trailer, camp wagon, or the like. Permits for camping after closing hours must be obtained from the public works director.
10. Take part in or abet the playing of any games involving thrown or otherwise propelled dangerous objects such as stones, arrows or javelins except in areas set apart for such forms of recreation. Golfing or driving golf balls is prohibited except where specific facilities have been provided.
11. Ride a horse except on designated bridle trails and in specially designated park areas. 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.
12. Promote the sale of any item without obtaining a permit from the authorized agent of the public works director.
13. Operate a metal detector without obtaining a permit from an authorized agent of the public works director. All permittees shall comply with all rules and regulations of the public works department. (1988 Code)
10-1-5 BEHAVIOR:
A. No person in any park or pond within the city shall:
1. Possess or consume any alcoholic beverage without a permit.
2. Permit or allow a dog or other domestic animal to enter or remain in any park except on a leash and/or carried while leashed by such person owning or having the care, custody and control of such dog or domestic animal.
3. Endanger the safety or health of any person by any conduct or act.
4. Prevent any person from using any park, or any of its facilities, or interfere with such use in compliance with this chapter and the rules and regulations applicable to such use.
5. Violate any rules and regulation for the use of a park, or any of its facilities, promulgated by the Garden City parks and waterways committee, approved by the council and duly posted.
6. Solicit or accost other persons for the purpose of begging or soliciting alms.
7. Operate or aid in the operation of private radios, stereophonic or sound amplification devices at a greater operating level than sixty two (62) decibels measured at a distance of twenty feet (20’) from such radios or devices.
8. Enter or remain in the park during hours of closure, except for purposes of transit through the park.
9. Use, carry, or be in the possession of any beverage container made of glass.
10. Except for emergency personnel, for any reason, enter onto the surface of a pond, canal or river that is partially frozen or frozen.
11. Engage in any unlawful conduct or criminal activity or in any way commit a violation or breach of the peace, as defined by Idaho Code and/or this code. (1988 Code; amd. Ord. 966-14, 4-14-2014)
10-1-6 MERCHANDISING, ADVERTISING AND SIGNS:
A. No person in any park shall:
1. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Garden City parks and waterways committee.
2. Distribute, leave or throw any advertising material, such as dodgers, handbills, circular or like matter, or give away or otherwise distribute for advertising purposes any goods or wares.
3. Paste, glue, tack or otherwise post any signs, plaques, advertisement or inscription whatever, except plaques, tablets or signs, of a size, design and location approved by the Garden City parks and waterways committee, recognizing or acknowledging donations or contributions to any city park or to public facilities therein. (1988 Code)
10-1-7 PARK OPERATING POLICY:
A. Hours: Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year from sunrise to sunset, except those parks or sections of parks containing lighted facilities. Park areas housing lighted facilities shall be open from sunrise to twelve o’clock (12:00) midnight, with all publicly scheduled events terminated by eleven o’clock (11:00) P.M. Thereafter visitors and vehicles shall be excluded during the hours of closure except for transit through a park. No unauthorized vehicle shall be allowed to stand or be parked within a Garden City park after closing hours. The mayor shall have the authority to change the hours of any park by proclamation and the publication of that proclamation in the Idaho Statesman, the official newspaper of Garden City.
B. Parking Restrictions: All unauthorized motorized vehicles shall be prohibited from standing or parking within any Garden City park between sunset and sunrise, except that ingress and egress to or from lighted facilities or administrative, community, art and senior centers and the parking of motorized vehicles at such lighted facilities or administrative, community, art and senior centers shall be allowed by permit.
C. Closed Areas: Any section or part of any park may be declared closed to the public by the public works director at any time and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the public works director shall find reasonably necessary.
D. Effect Of A Permit: A Garden City park permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in said permit. The person or persons to whom a permit is issued shall be liable for any loss, damage or injuries sustained by any person or property by reason of the negligence of the person or persons to whom such permit shall have been issued. The public works director or a duly authorized representative, shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause. (1988 Code)
10-1-8 ENFORCEMENT:
A. Officials: Police officers, the public works director, and environmental enforcement officers, or duly authorized representatives of the public works director, shall enforce the provisions of this chapter.
B. Ejectment: A police officer, the public works director, and environmental enforcement officers, or duly authorized representatives of the public works director, shall have the authority to eject from the park any person acting in violation of this chapter. Any person ejected from the park shall leave promptly and peaceably and shall not return to the park for any reason on the same calendar day of his ejectment.
C. Seizure Of Property: A police officer shall have the authority to seize and confiscate any property, thing or device in the park, or used in violations of this chapter.
D. Removal Of Vehicles: Whenever any police officer finds a vehicle unattended in the park and the vehicle is parked in violation of this chapter, such officer may provide for the removal of such vehicle to the nearest available garage or place of safety. (1988 Code)
10-1-9 PENALTIES:
A person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00) or be imprisoned in the county jail for a period not exceeding six (6) months, or be both so fined and imprisoned. Nothing in this chapter shall be construed as to limit city employees or other authorized persons from performing their official or city authorized duties. (1988 Code)