Chapter 12.10


12.10.010    Alcoholic beverages.

12.10.020    Vehicles.

12.10.030    Fires.

12.10.040    Firearms, arrows and safety.

12.10.050    Fireworks.

12.10.060    Defacement or littering.

12.10.070    Dogs and other animals.

12.10.080    Farm equipment.

12.10.090    Golf activities.

12.10.100    Hours of operation.

12.10.110    Amplified music or sound.

12.10.120    Penalty.

12.10.130    Rules, conditions and regulations for use of parks and public property.

12.10.010 Alcoholic beverages.

It shall be unlawful for any person to have or consume alcoholic beverages of any type in or upon any park or any public property of the city. [Ord. 05-17-2011 § 2].

12.10.020 Vehicles.

It shall be unlawful to drive or park any vehicle over or across any park or public property of the city except on the streets or parking lots provided therefor or as approved by the parks superintendent. Only vehicles or equipment approved by the parks superintendent shall traverse any lawn area. No all-terrain vehicles, off-road vehicles, or snowmobiles shall at any time be operated within any city park. [Ord. 05-17-2011 § 2].

12.10.030 Fires.

No fires shall be lit, created, or allowed within any city park, except in designated fire pits. [Ord. 05-17-2011 § 2].

12.10.040 Firearms, arrows and safety.

It is prohibited and unlawful for any person to discharge any firearm or to shoot any arrows within any city park. It shall be unlawful for any person to engage in any activity in any park or on public property in a manner that endangers others using the park or facility. [Ord. 05-17-2011 § 2].

12.10.050 Fireworks.

It shall be unlawful for any person to light or discharge any fireworks within any city park or on any city property, except in compliance with rules and regulations adopted by the city council. [Ord. 05-17-2011 § 2].

12.10.060 Defacement or littering.

A. It shall be unlawful for any person to destroy, deface, injure, or interfere with any park, structure, fixture, or appurtenance of any public park or public property.

B. It is unlawful for any person to throw or deposit in any part of any park or public property the carcass of any dead animals, meat, fish, rubbish, refuse, filth, trash, garbage, building materials, or any like substance, or any object or substance that detracts from the beauty of said park or public property.

C. Any person(s) convicted of any violation of this section will be responsible for payment of the costs and expenses involved to restore the property to its original state and condition. [Ord. 05-17-2011 § 2].

12.10.070 Dogs and other animals.

A. Except as provided in subsection (B) of this section, it shall be unlawful for any person to take non-ADA-approved pets or farm animals onto public property, including parks or trails, without prior written permission of the city manager or designee.

B. It shall be unlawful to allow a dog to run at large in city parks or on public property or trails; however, dogs on leashes, under the control of a caretaker, are allowed in these public areas. The caretaker shall be responsible for the control and management of the dog, including the cleaning up of droppings left by the dog while in a public park or on public property or trails. [Ord. 08-21-2012A § 1; Ord. 05-17-2011 § 2].

12.10.080 Farm equipment.

No farm equipment shall be operated within or upon any public park of the city except in compliance with rules and regulations adopted by the city council. [Ord. 05-17-2011 § 2].

12.10.090 Golf activities.

It shall be unlawful for any person to play golf, practice golf swings, or hit golf balls within or upon any public park of the city. [Ord. 05-17-2011 § 2].

12.10.100 Hours of operation.

No person shall enter, be in, or remain within any public parks of the city between the hours of 10:00 p.m. and 7:00 a.m. the following day, except as approved in advance in writing by the city manager or city council. This restriction shall not apply to persons responsible for care and maintenance of city parks. [Ord. 05-17-2011 § 2].

12.10.110 Amplified music or sound.

A. Definitions. The following definitions shall apply to this section:

“Clearly audible” means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a sound amplification device, the detection of the rhythmic bass component of the music is sufficient to verify clearly audible sound.

“Decibel (dB)” means the unit of measurement for sound pressure level at a specified location. The symbol is dB.

“Public park” means all real property owned, operated or maintained by either the city or other public governmental entity, and used as a park, playground, swimming pool, golf course, waterway, nature center, or other recreational facility.

“Sound amplification device” means any device for the amplification of the human voice, music or any other sound, including, but not limited to, radios, televisions, phonographs, stereos, record players, cassette players, compact disc players, loud speakers, or sound amplifiers.

B. No person shall operate a sound amplification device within a public park, which is clearly audible at a distance of 75 feet from the device, unless operated pursuant to a permit issued by the city.

1. The applicant for an amplified sound permit must fill out and sign an application at least one business day prior to the planned event and must agree to abide by the terms of these policies and any other related administrative policies or conditions of approval.

2. All amplified sound must cease between 9:00 p.m. and 8:00 a.m. Sunday through Thursday. All amplified sound must cease between 10:00 p.m. and 7:00 a.m. on Friday and Saturday.

3. A sound amplification device authorized by permit pursuant to this section shall be located a minimum of 100 feet from the nearest residential property and shall be oriented in such a manner that sound is projected away from the nearest residential property.

4. Sound levels produced by a sound amplification device authorized by permit under this section shall not exceed 80 decibels measured 100 feet in any direction from the sound source.

C. The city in granting such a permit may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood. Conditions may include but are not limited to:

1. Location of the sound amplification device.

2. Restrictions on hours of operation.

D. The permit may be revoked by the city if there is:

1. Violation of one or more conditions of the permit;

2. Material misrepresentation of fact in the permit application; or

3. Material change in any of the circumstances relied on by the city in granting the permit.

E. Exceptions. The provisions of this section shall not apply to any city-sponsored event or activity. [Ord. 05-17-2011 § 2].

12.10.120 Penalty.

Violation of any provisions of this chapter shall constitute a Class B misdemeanor and shall be punishable as such. If allowed by law, vehicles or any other items used in connection with any offense shall be impounded by the city. [Ord. 05-17-2011 § 2].

12.10.130 Rules, conditions and regulations for use of parks and public property.

In addition to the regulations set forth in this chapter the city manager or designee is hereby authorized and directed to formulate, promulgate and enforce additional rules and regulations for the use of parks and public property owned or managed by West Pont City, including terms and conditions for use of Muskrat Springs Campground and other properties within West Point City. [Ord. 06-06-2017B § 1].