Sec. 38-56. - Penalties for violations.

Unless another penalty is specified in this article, any person who violates a provision of this article or fails to comply with any of the requirements of this article, including any rules and regulations promulgated by the department of parks and recreation, shall be guilty of a misdemeanor, punishable by a fine of not less than $50.00 and not more than $500.00, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.

(Code 1968, § 39-9)

Sec. 38-57. - Obedience to signs.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to disregard any posted sign, notice or the provisions of any park permit.

(Code 1968, § 39-9(m))

Sec. 38-58. - Obedience to police officers.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to disregard any instructions of a police officer.

(Code 1968, § 39-9(t))

Sec. 38-59. - Rules governing picnics involving 200 or more people.

The following rules shall be observed by persons holding picnics involving 200 or more people on city park property:

(1)

A person or group interested in holding a large picnic on park property shall submit a written request to the department of parks and recreation a month prior to the date of the picnic.

(2)

The request required in subsection (1) of this section shall contain the following:

a.

Park, date (rain date if any), and time.

b.

Number of people, adults and children.

c.

Name of group if there is one.

d.

Picnic areas, ball diamonds, tennis courts, etc.

e.

If refreshments are to be delivered, the name of the company, the number of vehicles, and their arrival and departure times.

f.

Number of cars and/or buses.

g.

Special activities; request for pony rides, the bandwagon, etc.

(3)

An adequate number of off-duty police officers shall be hired.

(4)

Adequate insurance coverage protecting the city and the department of parks and recreation from suits resulting from injury to persons and/or damage to property shall be obtained. A copy of such insurance policy shall be submitted to the park office at least three weeks before the picnic.

(5)

Suitable first-aid equipment and a person familiar with the use of the equipment shall be provided.

(6)

The area used shall be left in a presentable condition.

(7)

No request as required by subsection (1) of this section will be honored until all of the above requirements, together with such requirements as are established by duly adopted regulations of the director of the department of parks and recreation, are complied with to the satisfaction of the director.

(Code 1968, § 39-10; Ord. No. 92-053(sub 1), § 26(h), 7-2-92)

Sec. 38-60. - Park hours.

It shall be unlawful for any person to be upon any park property owned by the city, whether maintained by the city, or by the county, or by the state, on any day of the week, from dusk of one day to dawn of the following day unless otherwise authorized by the department of parks and recreation. Any person lawfully may be upon any such park at any time between dawn and dusk of the same day, unless otherwise provided by the said department.

(Code 1968, § 39-9(s); Ord. No. 92-053(sub 1), § 26(g), 7-2-92; Ord. No. 94-039, § 1, 7-14-94; Ord. No. 00-064(sub 1), § 1, 7-20-00)

Sec. 38-61. - Operation of vehicles.

(a)

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to:

(1)

Drive any vehicle, except on roads and lands intended for that purpose.

(2)

Operate a motor truck using park drives as thoroughfares.

(3)

Park any vehicle except at designated places.

(4)

Park any vehicle during hours when the particular park is closed.

(5)

Do any repair work or clean any vehicle, or engage in driver training.

(b)

It shall be unlawful for any person to operate any motor vehicle, motorcycle, motorscooter, mini-bike or any other mechanical device operated by gasoline, oil, electricity, fuel or power, from traveling upon any road in any park land at a speed in excess of 15 miles per hour unless otherwise posted. Any person violating the provisions of this subsection, upon conviction thereof before the municipal court, shall be fined not less than $5.00, nor more than $50.00.

(Code 1968, §§ 39-9(e)—(h), 39-57.1; Ord. No. 92-053(sub 1), § 26(g), 7-2-92)

Sec. 38-62. - Riding bicycles.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to ride a bicycle and fail to comply with the rules of the road.

(Code 1968, § 39-9(i))

Sec. 38-63. - Animal control.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to:

(1)

Hunt with gun or dog, trap, shoot, injure or disturb any park animals or wildlife, or their places of abode.

(2)

Bring vicious or unruly animals into a park, which may annoy, frighten or injure any person, animal or wildlife, create an unsanitary nuisance or damage park property.

(3)

Ride or drive a horse upon park lands other than on drives, roads and paths intended for that purpose; or handle a horse without due regard for the rights and safety of persons and property.

(Code 1968, § 39-9(c), (n), (r))

Sec. 38-64. - Fire control.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to carelessly or wilfully cause a fire. Permits for regulated fires may be issued upon application at the park office.

(Code 1968, § 39-9(p))

Sec. 38-65. - Intoxicants.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to consume or be in possession of intoxicating liquors or beverages.

(Code 1968, § 39-9(a))

Sec. 38-66. - Discharge of weapons.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to discharge a firearm or air gun, BB gun or slingshot, or use bow and arrow except at designated locations and under approved supervision.

(Code 1968, § 39-9(q))

Sec. 38-67. - Gambling.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to gamble in any manner.

(Code 1968, § 39-9(b))

Sec. 38-68. - Advertising restricted.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to erect, paint or affix any signs, advertisements or circulars or to sell anything without a permit.

(Code 1968, § 39-9(j); Ord. No. 92-053(sub 1), § 26(g), 7-2-92)

Sec. 38-69. - Malicious mischief.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to deface, destroy or remove any park property, signs or notices.

(Code 1968, § 39-9(k))

Sec. 38-70. - Garbage, litter control.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to leave discarded garbage, trash or refuse.

(Code 1968, § 39-9(l))

Sec. 38-71. - Sports activities restricted.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to play or practice golf, baseball and football except at designated locations.

(Code 1968, § 39-9(o))

Sec. 38-72. - 7th Street Park boat ramp limited access and fee.

The 7th Street Park boat ramp shall be a limited access facility. Access to the boat ramp shall be allowed only for those persons who have obtained from the department of parks and recreation a magnetic key card approved for such purpose. Such access shall be on a 24-hour, 365-day per year basis upon payment of the required fee. The fee for the limited access magnetic key card shall be $35.00 per calendar year, commencing January 1, 1995. The fee shall be payable to the city at the department of finance and the magnetic key card may be distributed by the department of parks and recreation upon proof of payment to the department of finance. The department of parks and recreation shall enter into an agreement, subject to the approval of city council, with the state department of national resources, division of fish and wildlife, authorizing the imposition of this fee which shall be used to cover the expenses of having an attendant at the boat ramp from Memorial Day to Labor Day each year and to pay for the maintenance and supplies needed for the key card access system.

(Ord. No. 94-054, § 1, 8-25-94)

Sec. 38-73. - Skateboarding, roller skating prohibited in certain areas; skate facility requirements.

(a)

Skateboarding, roller skating, in-line skating, and similar activities are prohibited in city parks and recreational facilities unless specifically authorized in areas designated by this section. The skate facility in the city is hereby designated for skateboarding and in-line skating (the "skate facility"). The boundaries of the skate facility shall be defined by the signs required by this section.

(b)

Within the skate facility, it shall be unlawful for any person to:

(1)

Ride, operate, or use a skateboard or in-line skates unless that person is wearing a helmet designed for skateboard and/or in-line skating use with a chin strap, elbow pads designed for skateboard and/or in-line skating use with plastic elbow caps, and knee pads designed for skateboard and/or in-line skating use with plastic knee caps, which equipment shall be in good repair at all times during use;

(2)

Ride, operate, or utilize a skateboard or in-line skates unless such equipment is in good repair at all time during use;

(3)

Enter or use an amenity within the skate facility while another person is using it;

(4)

Place or utilize additional obstacles or other material (including but not limited to ramps or jumps) within the skate facility;

(5)

Use the skate facility amenities when the surface of the amenities is wet or other conditions exist which could adversely affect the safety of skateboarders or skaters;

(6)

Enter the skate facility unless actively skateboarding or in-line skating in accordance with these regulations;

(7)

Use, consume, or have within his or her custody or control, food or beverages within the skate facility;

(8)

Use, consume, or have within his or her custody or control, alcohol, i.e., tobacco products, or illegal drugs within the skate facility;

(9)

Enter or be upon the skate facility while under the influence of alcohol beverages or illegal drugs;

(10)

Use or possess glass containers, bottles or other breakable glass products within the skate facility;

(11)

Use or engage in profanity, reckless and boisterous behavior (including, but not limited to, tandem riding, pushing, horseplay, and bullying), or any other activity which could endanger the safety of persons using the skate facility or spectators;

(12)

Engage in graffiti, tagging or other defacing of city property or the property of others;

(13)

Enter or be upon the skate facility at any time except during its hours of operation of 9:00 a.m. to dusk; or

(14)

Ride, operate, or utilize any device other than a skateboard or in-line skates (prohibited devices include, but are not limited to, bicycles or motorized vehicles) on the skate facility.

(c)

The skate facility shall be posted with signs at the following locations:

(1)

At each entrance to the skate facility; and

(2)

Along the exterior of the skate facility.

(Ord. No. 01-053, § 1, 6-7-01)

Sec. 38-74. - Registration of participants utilizing park facilities and programs.

The department of parks and recreation shall keep or cause to be kept at a particular facility or program, a list of the names of all individuals registered to participate in that program or to utilize those facilities owned or operated by the city or any agency of the city, or both to participate and to utilize. This registration requirement shall be required of only those programs and facilities specified by the director of parks and recreation.

(1)

Only persons who have complied with the registration requirements, as set forth in this section, shall be allowed to enter the facility or to participate in the program.

(2)

The registration will be granted for a period of 12 months, subject to renewal, if the participant abides by the rules and regulations of that particular program or facility.

(3)

Upon registration, the document issued shall be filed at that particular program or facility, and a list will be maintained by the department of parks and recreation. Upon request, a copy of the completed form will be provided to the participant and to the parent(s)/legal guardian(s) of the participant.

(4)

The registration form shall require the name of the participant, address of the participant, and a contact name and phone number in case of an emergency. This registration form shall clearly list the activities that will be undertaken at that program or facility.

(Ord. No. 01-054(sub 1), § 1, 6-7-01)

Sec. 38-75. - Riding motorized skateboards and scooters.

It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to ride a motorized skateboard or scooter.

Any person violating the provisions of this subsection, upon conviction thereof before the court of competent jurisdiction shall be fined not less than $50.00, nor more than $250.00.

(Ord. No. 04-062(sub 1), § 2, 9-2-04; Ord. No. 04-086, § 2, 1-20-05)

Sec. 38-76. - Park usage and clean up fee.

The department of parks and recreation shall impose and collect a partially refundable park usage and clean up fee in the amount of $100.00 from individuals and groups for a permit to utilize city parks and facilities prior to the issuance of such park permit. Twenty-five dollars of the initial fee shall be refundable if the individual and or group removes all trash and debris associated with the permitted usage of the park, the facility, or both.

If the park and/or facility is left with trash and debris associated with the permitted usage of the park and/or facility then the $25.00 refundable fee shall be deemed forfeited by the individual and or group. If the event in the park is shut down for any violation, then the refundable portion of the usage and clean up fee shall be forfeited.

(Ord. No. 05-021(sub 1), § 1, 4-21-05)

Editor's note—

Ord. No. 05-021(sub 1), § 1, adopted April 21, 2005, amended the Code with the addition of a new section 38-75. In order to avoid the duplication of section numbers, the provisions of said ordinance have been included herein as section 38-76 at the discretion of the editor.