Sec. 29-20. - Application of article; definitions.

(a)

The rules and regulations embodied in this article shall apply to all park lands and waters, roadways therein, recreation facilities, structures, monuments and fountains, bathing beaches, golf courses and the flora and fauna located on park or recreation property and in waters owned by or under the jurisdiction of the city.

(b)

As used in this article, the term "director" means the director of parks and recreation or his duly authorized representative.

(c)

As used in this article, the term "recreational facility" shall be construed to mean and include all areas named in section 29-20(a).

(d)

As used in this article, the term "member" means those individuals with permanent addresses in the Commonwealth of Virginia.

(Ord. No. 172, § 2; Ord. No. 714; Code 1961, § 26-4; Ord. No. 2790-81; Ord. No. 2908-82, § 1; Ord. No. 4701-95, § 1; Ord. No. 5109-98)

Sec. 29-21. - Violations of article.

Except as otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor.

Sec. 29-22. - Reserved.

Editor's note—

Ord. No. 5493-00, adopted June 27, 2000, repealed § 29-22, which pertained to golf course charges to include taxes; tax accounting. See the Code Comparative Table.

Sec. 29-22.1. - Reserved.

Editor's note—

Ord. No. 5628-10, § 2, repealed § 29-22.1, which pertained to club membership (other). See the Code Comparative Table.

Sec. 29-23. - Golf course fees and regulations.

(a)

The following fees and regulations shall be charged and enforced for the nontournament use of any golf course owned by the city:

(1)

Deer Run Championship Course:

a.

Eighteen (18) holes—Sixteen dollars ($16.00) weekdays and seventeen dollars ($17.00) on weekends and holidays.

b.

Eighteen (18) holes for elementary and high school student members on weekdays and after 1:00 p.m. on weekends and holidays—Five dollars and seventy-five ($5.75).

c.

Eighteen (18) holes for members sixty (60) years of age and older on weekdays and after 1:00 p.m. on weekends and holidays—Nine dollars ($9.00).

d.

The use of a motorized golf cart is required for play on the Deer Run Championship course and a cart rental fee as set by the city manager must be paid.

(2)

Cardinal Course:

a.

Eighteen (18) holes—Sixteen dollars ($16.00) on weekdays and seventeen dollars ($17.00) on weekends and holidays.

b.

Nine (9) holes—Nine dollars ($9.00) on weekdays and ten dollars ($10.00) on weekends and holidays.

c.

Eighteen (18) holes for elementary and high school student members on weekdays and after 1:00 p.m. on weekends and holidays—Five dollars and seventy-five cents ($5.75).

d.

Nine (9) holes for elementary and high school student members on weekdays and after 1:00 p.m. on weekends and holidays—Three dollars and seventy-five cents ($3.75).

e.

Eighteen (18) holes for members sixty (60) years of age or older, on weekdays and after 1:00 p.m. on weekends and holidays—Nine dollars ($9.00).

f.

Nine (9) holes for members sixty (60) years of age or older, on weekdays and after 1:00 p.m. on weekends and holidays—Six dollars ($6.00).

g.

If a golfer wishes to use a motorized golf cart, a rental fee for same as set by the city manager must be paid.

(3)

To be eligible for membership rates, elementary and high school students must register at the course and show proof of age or show student identification cards.

(4)

To be eligible for membership rates, senior citizens must show proof of Virginia residency and proof of age.

(5)

The city manager is hereby authorized to establish golf course fees and regulations that modify the fees and regulations specified herein. The fee structure authorized by the city manager for the city's golf facilities shall ensure a competitive posture with regard to the market served by those facilities.

(6)

Inclement weather policy:

a.

If a player has hit his tee shot on the first hole and has not completed the ninth hole, he shall receive a refund for nine (9) holes of play.

b.

If a player has hit his tee shot on the tenth hole, he shall be charged for eighteen (18) holes of play.

(b)

Regulations and charges governing tournament play on any golf course owned by the city:

(1)

Tournament charges:

a.

Club and championship tournament rates on the Championship Course shall be thirty-six dollars ($36.00) per person, including motorized golf cart for eighteen (18) holes.

b.

Club and championship tournament rates on the Cardinal Course shall be twenty-seven dollars ($27.00) per person, without motorized golf cart and thirty-six dollars ($36.00) per person, including motorized golf cart.

c.

Club and championship tournament rates for tournaments sponsored by the Deer Run Men's Golf Association, the Old Dominion Golf Association, and the Deer Run Ladies Golf Association shall be thirty-one dollars ($31.00) per person, including motorized golf cart, for eighteen (18) holes on the Championship Course.

d.

Club and championship tournament rates for tournaments sponsored by the Deer Run Men's Golf Association, the Old Dominion Golf Association, and the Deer Run Ladies Golf Association on the Cardinal Course shall be thirty-one dollars ($31.00) per person, including motorized golf cart, for eighteen (18) holes and twenty-two dollars ($22.00) per person, without motorized golf cart for eighteen (18) holes.

e.

Club and championship tournament rates for tournaments sponsored by the Deer Run Men's Golf Association, the Old Dominion Golf Association, and the Deer Run Ladies Golf Association on the Cardinal Course shall be sixteen dollars and fifty cents ($16.50) per person, including motorized golf cart, for nine (9) holes and twelve dollars ($12.00) per person, without motorized golf cart for nine (9) holes.

f.

Club tournament charges shall be paid to the golf professional no later than six (6) days prior to the start of the tournament.

g.

Championship tournament organizers shall be required to make a two thousand six hundred dollar ($2,600.00) cash deposit or to furnish a two thousand six hundred dollar ($2,600.00) payment bond with the golf professional no later than six (6) days prior to the tournament, with the remaining fees being paid before the first tee time of the tournament.

h.

No refunds shall be paid for participants who fail to show up for tournaments.

i.

Tournament inclement weather policy:

1.

The final decision to play or not is the responsibility of the golf professional. He may discuss the condition of the course with the golf course superintendent (green keeper) and one (1) tournament official before making his decision.

2.

Should it be decided that the weather conditions are too severe to commence play, every effort will be made to reschedule the event to a date that is satisfactory to both the city and the tournament sponsor. If a date cannot be agreed upon, the sponsor will be refunded the total cash deposit.

3.

Should it be decided to discontinue play because of inclement weather conditions once the tournament has begun, players on the course shall have the right to complete their round. However, the tournament sponsor shall be responsible for the cost of playing said round or any portion thereof, in conformance with the following policy:

(i)

If a player has hit his tee shot on the first hole and has not completed the ninth hole, the tournament shall be charged for nine (9) holes of play for that player.

(ii)

If a player has hit his tee shot on the tenth hole, the tournament shall be charged for eighteen (18) holes of play for that player.

(iii)

In the event a tournament is not rescheduled, all fees for partial and complete rounds will be deducted from the tournament sponsor's deposit.

(iv)

If the tournament is rescheduled and any rounds have to be replayed, cost for additional nine (9) and/or eighteen (18) hole rounds will be borne by the tournament sponsor.

j.

The green, fees herein set out, shall in no case be suspended or relieved without the approval of the city manager.

(Ord. No. 716; Ord. No. 904; Ord. No. 1424, § 1; Ord. No. 1941, § 1; Ord. No. 2200; Ord. No. 2215; Ord. No. 2247; Code 1961, § 26-30.1; Ord. No. 2473-78; Ord. No. 2476-78; Ord. No. 2478-78; Ord. No. 2522-79, § 1; Ord. No. 2535-79, § 1; Ord. No. 2729-81; Ord. No. 2747-81, § 1; Ord. No. 3316-85; Ord. No. 3562-87, § 1; Ord. No. 3894-89, § 1; Ord. No. 4262-91, § 1; Ord. No. 4701-95, § 1; Ord. No. 4899-96, § 1; Ord. No. 5002-97, § 1; Ord. No. 5628-01, § 1)

Sec. 29-23.1. - Reserved.

Editor's note—

Ord. No. 5628-10, § 2, repealed § 29-23.1, which pertained to winter charges. See the Code Comparative Table.

Sec. 29-23.2. - Ladies' day.

(a)

Every Monday, except when Monday falls on a holiday, is hereby established at all Newport News golf courses a "Ladies' Day."

(b)

In lieu of any other schedule provided for in this article, ladies under sixty (60) years of age playing golf on a "Ladies' Day" shall be charged according to the following fee schedule:

(1)

18 holes—$9.00.

(2)

9 holes—$6.00.

(Ord. No. 2893-82; Ord. No. 3315-85; Ord. No. 3562-87, § 1; Ord. No. 3894-89, § 1; Ord. No. 4262-91, § 1; Ord. No. 4701-95, § 1; Ord. No. 5002-97, § 1)

Sec. 29-24. - Huntington Park Tennis Center fees.

(a)

The following fees shall be charged for use of the courts at the Huntington Park Tennis Center:

(1)

Day rates: Four dollars ($4.00) per court, per hour.

(2)

Night rates: Five dollars ($5.00) per court, per hour.

(b)

Players who begin play after the hour, but before the half hour, will be required to pay the full hourly rate in accordance with above rate schedule. Players who begin play after the half hour will be required to pay one-half (½) the amount indicated in the above rate schedule.

(c)

The city manager is hereby authorized to establish fees that modify the fees specified herein. The fee structure authorized by the city manager for the Huntington Park Tennis Center shall ensure a competitive posture with regard to the market served by those facilities.

(Ord. No. 6681-10, § 1)

Editor's note—

Ord. No. 6681-10 shall be in effect on and after July 1, 2010.

Sec. 29-25. - Theatricals, parades, meetings, etc. ^[84]

No person shall have or give any theatrical or musical entertainment, nor shall any parade, procession, public gathering, public meeting, public speaking or "soap-box oratory" of any kind take place in any recreational facility, unless authorized by the director.

Ord. No. 172, § 3; Code 1961, § 26-5; Ord. No. 2909-82)

Sec. 29-26. - Posting signs or advertisements; sale of goods generally.

(a)

No person shall post, distribute, circulate or display any sign, notice, banner, advertisement or printed material in any recreational facility without permission of the director.

(b)

No person shall offer for sale or rent any goods, articles, privileges, commodities or services whatsoever or solicit for any purpose in any recreational facility, without obtaining written permission from the director, and for such time and at such places as the director may determine. This section shall not be construed to apply to the sale of food, soft drinks and other like goods pursuant to section 29-27

(Ord. No. 172, § 4; Code 1961, § 26-6; Ord. No. 2909-82)

Cross reference— Advertising, § 3-1 et seq.

Sec. 29-27. - Sale of food and soft drinks; canteen concessions.

(a)

The sale of food, soft drinks or other like goods is prohibited in any recreational facility, except from canteens or concessions operated by concessionaries authorized by the director.

(b)

The director is hereby authorized to advertise for bids for the rental of canteen concessions at any recreational facility on a flat rental basis payable monthly in advance to the city, and to award a contract for the operation of such concessions; based on the most advantageous bid to the city, taking into account the character, reputation, financial responsibility of the bidder and qualifications of the bidder to operate the concession in a proper and satisfactory manner. The city manager shall have the right to accept or reject any such bid.

(Ord. No. 165, § 12; Ord. No. 172, § 5; Code 1961, §§ 26-7, 26-43; Ord. No. 2909-82)

Cross reference— Food, § 17-1 et seq.

Sec. 29-28. - Operating or parking vehicles in recreational facilities generally.

(a)

It shall be unlawful for any person to operate or park any vehicle in any recreational facility of the city, except on the roadways and parking areas provided for this purpose and in other areas designated for such purpose by the director. Nor shall any vehicles be parked in a manner as to impede or obstruct the normal safe flow of traffic.

(b)

All the provisions of Chapter 26 shall be applicable to all recreational facilities owned by or under the jurisdiction of the city, except those provisions specifically changed or modified by this article.

(Ord. No. 172, §§ 20, 21; Code 1961, §§ 26-26, 26-27; Ord. No. 2909-82)

Sec. 29-29. - Vehicles entering recreational facilities; driving in indicated direction.

No person driving a vehicle shall enter or leave any recreational facility except directly by the highway and then only by the roadways as laid out in such facility for that purpose, nor shall a person drive a vehicle in any direction over the roadways other than as indicated or directed by signs placed by city authority along such roadways unless designated otherwise by the director.

(Ord. No. 172, § 22; Code 1961, § 26-28; Ord. No. 2909-82)

Sec. 29-30. - Commercial vehicles or trucks or vehicles of hucksters, hawkers, etc.

(a)

No commercial vehicle will be permitted in any recreational facility except vehicles carrying picnickers and their supplies to and from the picnic areas or vehicles carrying marketing goods, wares and merchandise, supplies or materials of any kind, for use in programs and/or operation of that facility, and except as provided in subsection (b) below.

(b)

It shall be unlawful for hucksters, hawkers or vendors to bring their vehicles into any recreational facility without authorization from the director.

(Ord. No. 172, §§ 5, 20; Code 1961, §§ 26-7, 26-25; Ord. No. 2909-82)

Sec. 29-31. - Washing, repairing or servicing vehicles.

No person shall use any recreational facility for washing, repairing or servicing, other than replacing a flat tire, of any vehicle designed for self-propulsion. Abandonment of such vehicles is prohibited. If mechanical disablement occurs, immediate steps must be taken for removal.

(Ord. No. 715; Code 1961, § 26-26.1; Ord. No. 2909-82)

Sec. 29-32. - Use of nature trails, pedestrian paths, etc.

No persons other than those authorized by the director shall operate a motorized vehicle upon natural trails, pedestrian paths, bikeways or bridle paths, bikeways or bridle paths specifically designated and established for such use.

(Ord. No. 2909-82)

Sec. 29-33. - Operation of nonlicensed motorized vehicles.

No person shall operate a nonlicensed motorized vehicle in any recreational facility unless in an area specifically designated for such use by the director.

(Ord. No. 2909-82)

Sec. 29-34. - Skateboarding.

No person shall ride or use a skateboard in any recreational facility unless in an area designated for such use by the director.

(Ord. No. 2909-82)

Editor's note—

Formerly, § 29-32

Sec. 29-35. - Carrying weapons.

Unauthorized persons shall not carry concealed weapons, nor shall they have on or about their person dangerous or deadly weapons, in any recreational facility of the city. Persons violating this section shall be guilty of a Class 1 misdemeanor; and upon conviction, such weapons shall be forfeited to the city and may be seized by an officer as forfeited, and such as may be needed for police officers or conservators of the peace shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge.

(Ord. No. 172, § 7; Code 1961, § 26-9; Ord. No. 2269; Ord. No. 2909-82)

Editor's note—

Formerly, § 29-33

Cross reference— Weapons, Ch. 43.

Sec. 29-36. - Throwing or discharging missiles.

No person shall throw or discharge any missiles, whether by hand, slingshot, air rifle or otherwise, in any recreational facility except in areas which are expressly set aside by the director for this particular purpose.

(Ord. No. 172, § 10; Code 1961, § 26-10; Ord. No. 2269; Ord. No. 2909-82)

Editor's note—

Formerly, § 29-34

Sec. 29-37. - Making fires.

No person shall make a fire in any recreational facility other than in grills, fireplaces or other areas as designated and approved for such use by the director. All fires shall be closely monitored and completely extinguished by persons starting and using them before those persons leave the immediate vicinity.

(Ord. No. 172, § 7; Code 1961, § 26-12; Ord. No. 2909-82)

Editor's note—

Formerly, § 29-35

Cross reference— Fire prevention and protection, Ch. 16.

Sec. 29-37.1. - Smoking, use of tobacco and tobacco products prohibited.

Smoking is prohibited in all parks, squares, playgrounds, recreational facilities and beaches owned or operated by the city.

For the purpose of this section:

(a)

Recreational facility means an area that is within one hundred (100) yards of any playground equipment, any soccer field, any baseball field, any softball field, any volleyball court, any basketball court and any football field, or within the stands or seats in proximity to said recreational facility; and

(b)

Smoking means the carrying or holding of any lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting of, or inhaling or exhaling the smoke of, a pipe, cigar or cigarette of any kind, or the use of tobacco or tobacco products.

(Ord. No. 5011-97)

Sec. 29-38. - Entering toilets of opposite sex.

No person shall enter at any recreational facility or toilet set aside for the opposite sex.

(Ord. No. 172, § 8; Code 1961, § 26-13; Ord. No. 2909-82)

Editor's note—

Formerly, § 29-36

Sec. 29-39. - Injuring, molesting, etc., birds and animals.

No person shall inure, molest or disturb any animals or birds, their homes or their young; nor shall any person give, make suffer or attempt to give any such animal or bird any noxious, injurious or disagreeable food, article or substance.

(Ord. No. 172, § 11; Code 1961, § 26-16; Ord. No. 2909-82)

Editor's note—

Formerly, § 29-37

Cross reference— Animal and welfare ordinance, § 6-54 et seq.

Sec. 29-40. - Regulations for horses and ponies.

No person shall bring, ride or drive a horse or pony within the limits of any recreational facility not provided with city-maintained bridle paths or other areas designated or approved for such use by the director. Where such areas are provided, no person shall leave a horse or pony unattended.

(Ord. No. 172, § 17; Code 1961, § 26-22; Ord. No. 2909-82)

Editor's note—

Formerly, § 29-38

Cross reference— Animals and fowl, Ch. 6.

Sec. 29-41. - Fouling springs, etc.; swimming; turning on spigots.

No person shall foul or pollute in any manner, any watercourse, water supply or body of water, or swim or wash in any lake, pond, stream, spring or fountain in the parks, nor start the water flowing from any water supply or spigot not specifically fixed as a watering place for people or animals. The provisions of this section relative to swimming shall not apply to swimming pools, wading pools or bathing beaches provided for this purpose by the council.

(Ord. No. 172, § 13; Code 1961, § 26-18; Ord. No. 2909-82)

Editor's note—

Formerly, § 29-39

Sec. 29-42. - Climbing, or attaching swing or hammock to trees.

No person shall climb a tree, nor attach a swing, hammock or other object to any tree, located in any recreational facility.

(Ord. No. 172, § 15; Code 1961, § 26-20; Ord. No. 2909-82)

Editor's note—

Formerly, § 29-40

Sec. 29-43. - Damaging, etc., recreation and parks equipment, etc.

No person shall damage, deface, destroy, remove, injure or improperly use any recreation and parks property including equipment, facilities or the natural environment. Nor shall any person remove, relocate or rearrange any furniture, equipment or structure in any recreational facility without the approval of the director or his authorized representative. No person shall stand or sit upon any fence in any recreational facility.

(Ord. No. 2909-82)

Sec. 29-44. - Use of recreation and parks equipment.

No person shall use any recreation and parks equipment for any purpose than its intended use. Additionally, persons using such equipment shall be responsible for any damage to same resulting from careless or unnecessarily rough usage.

(Ord. No. 2909-82)

Sec. 29-45. - Entering prohibited areas

No person shall enter or go upon any enclosure, lawn, slope or any other area of a recreational facility where there is a sign prohibiting ingress.

(Ord. No. 172, § 15; Code 1961, § 26-20; Ord. No. 2909-82)

Editor's note—

Formerly, § 29-42

Sec. 29-46. - Consumption and possession of alcoholic beverages in or on recreation facilities; exception for Deer Run Golf Courses, the Downing-Gross Cultural Arts Center, Lee Hall Mansion, Endview Plantation, the Newsome House, the Virginia War Museum and the Newport News Park campsites; intoxicated persons prohibited.

(a)

It shall be unlawful for any person to consume any alcoholic beverage or have in his possession any opened alcoholic beverage container while in or on a recreation facility owned by the city.

(b)

The Deer Run Golf Courses, the Downing-Gross Cultural Arts Center, Lee Hall Mansion, Endview Plantation, the Newsome House, the Virginia War Museum and the Newport News Park campsites shall be exempt from the operation of the prohibitions contained in subsection (a) of this section when authorized by the city manager (or his designee) and when authorization to sell or distribute beverages on premises and to consume same is granted by the appropriate alcoholic beverage control permit or license.

(c)

It shall be unlawful for a person who is intoxicated, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, to be on the grounds or in the buildings or structures of the Deer Run Golf Courses, the Downing-Gross Cultural Arts Center, Lee Hall Mansion, Endview Plantation, the Newsome House, the Virginia War Museum and the Newport News Park campsites.

(d)

It shall be unlawful for any person under the influence of alcohol or self-administered drugs to enter upon or utilize any other recreation facility owned or operated by the city.

(e)

Any person violating this ordinance shall be guilty of a Class 4 misdemeanor.

(Ord. No. 165, § 7; Code 1961, § 26-32; Ord. No. 2909-82; Ord. No. 2927-82; Ord. No. 4413-92; Ord. No. 5629-01, § 1; Ord. No. 6480-08, § 1)

Editor's note—

Formerly, § 29-43

Editor's note—

Ord. No. 6480-08, adopted May 13, 2008, changed the title of section 29-46 from "Consumption and possession of alcoholic beverages in or on recreation facilities; intoxicated persons prohibited; exception for Deer Run Golf Course" to "Consumption and possession of alcoholic beverages in or on recreation facilities; exception for Deer Run Golf Courses, the Downing-Gross Cultural Arts Center, Lee Hall Mansion, Endview Plantation, the Newsome House, the Virginia War Museum and the Newport News Park campsites; intoxicated persons prohibited."

Cross reference— Public drunkenness generally, § 28-12.

Sec. 29-47. - Control of litter, etc., at recreational facilities.

No person shall throw, deposit or leave any litter, refuse or rubbish of any kind in any recreational facility except in public receptacles and in such manner that the litter, refuse or rubbish will be prevented from being carried by the elements. Where public receptacles are not provided, all such litter, refuse or rubbish shall be carried away from the area by the person responsible for its presence and properly disposed of elsewhere.

(Ord. No. 2909-82)

Cross reference— Garbage, litter and other solid waste, Ch. 19.

Sec. 29-47.1. - Prohibited items on beaches and adjacent areas.

It shall be unlawful for any person to take, carry, or have in his possession upon the sand beaches or upon any parking area or right-of-way adjacent to any of the sand beaches of the city any glass container.

(Ord. No. 4253-91)

Sec. 29-48. - Use of recreational facilities by children under the age of six.

No person or guardian shall permit a child under the age of six (6) years to make use of any recreational facility without providing for direct supervision for the entire period of visit.

(Ord. No. 2909-82)

Sec. 29-49. - Use of electronic metal-detecting devices.

No person shall utilize any type of electronic metal-detecting device in any recreational facility without first obtaining written approval from the director.

(Ord. No. 2909-82)

Sec. 29-50. - Regulations for dogs.

(a)

No person shall permit his animal to run at large in or on any recreational facility. In the case of a dog, the dog's owner or his agent must secure the animal by a collar with a chain, cord or leash not exceeding eight (8) feet in length, and have the animal under complete and immediate control while in or on the recreational facility, except that a dog may be off-leash so long as it is in such areas and during such times as have been specifically designated for off-leash in writing by the Director of the Newport News Department of Parks and Recreation.

(b)

The term "off-leash" for purposes of this section means that the dog is not secured by its owner or owner's agent by a collar with a chain, cord or leash not exceeding eight (8) feet in length.

(Ord. No. 2909-82; Ord. No. 5416-00)

Cross reference— Dogs generally, § 6-22 et seq.

Sec. 29-51. - Fishing.

No person shall fish from the bank or by boat in any reservoir or body of water owned by or under the jurisdiction of the city except in areas specifically designated for such use.

(Ord. No. 2909-82)

Sec. 29-52. - Use of programs and facilities, etc.

No person shall engage in or make use of any activity, program or facility for which a fee is charged without first paying same and adhering to the rules and regulations governing use of said recreational facility. Issuance of a permit does not exempt any person from the rules and regulations as set forth, and the director has the authority to revoke any and all permits upon the finding of violation of any rules or regulations by any person.

(Ord. No. 2909-82)

Sec. 29-53. - Establishment of fees for the use of city-owned waterfront facilities.

Leeward Marina. Any person who moors or ties a vessel to any portion of the Leeward Marina, or to another boat so moored or tied, shall first obtain the permission of the marina manager for such docking privileges and shall pay the following fees:

(1)

Pleasure vessels; overnight mooring (twenty-four (24) hours):

(a)

Using no power: One dollar ($1.00) per boat foot, including water.

(b)

Using thirty-amp power: One dollar ($1.00) per boat foot plus three dollars ($3.00) per day.

(c)

Using fifty-amp power: One dollar ($1.00) per boat foot plus five dollars ($5.00) per day.

(2)

Pleasure vessels; monthly agreement:

(a)

Five dollars and fifty cents ($5.50) per slip foot per month, including water.

(b)

A seventy-five dollar ($75.00) per person, per month fee will be assessed, in addition to normal monthly rates, for those individuals living aboard their vessel.

(3)

Pleasure vessels; six-month agreement:

(a)

Five dollars and fifty cents ($5.50) per slip foot per month, including water.

(b)

A seventy-five dollar ($75.00) per person, per month fee will be assessed, in addition to normal monthly rates, for those individuals living aboard their vessel.

(4)

Pleasure vessels; twelve-month agreement:

(a)

The fee shall be four dollars and fifty cents ($4.50) per slip foot per month, including water.

(b)

A seventy-five dollar ($75.00) per person, per month fee will be assessed, in addition to normal monthly rates or annual discount rates, for those individuals living aboard their vessel.

(5)

Pleasure vessels; twenty-four- and thirty-six-month agreements:

(a)

Four dollars and fifty cents ($4.50) per slip foot, per month, for first twelve (12) months, including water. Subsequent twelve-month rates shall be the rate set out in this section provided that the agreement shall include a provision which limits increase to no more than ten (10) percent per year.

(b)

A seventy-five dollar ($75.00) per person, per month fee will be assessed, in addition to normal monthly rates or annual discount rates, for those individuals living aboard their vessel.

(6)

The sewage pump-out fee:

(a)

No charge for those vessels having an active lease, the rent for which is currently paid, in Leeward Marina.

(b)

Five dollars ($5.00) for those vessels not leasing in Leeward Marina.

(7)

Late charge. The director of parks and recreation shall establish "late charge" procedures and assess late charges for any fees due the marina.

(8)

Exceptions to rates. Exceptions to rates contained within this chapter may be granted by the city manager or his assignee, by lease or otherwise, for pleasure vessels which do not coincide with any category enumerated herein. The city manager is hereby authorized to establish fees that modify the fees specified herein. The fee structure authorized by the city manager for the Leeward Marina shall ensure a competitive posture with regard to the market served by those facilities.

(9)

Rules and regulations. The director of parks and recreation shall have the authority to promulgate rules and regulations for the operation of the marina.

(10)

Vessels not meeting above criteria. Vessels not meeting the criteria enumerated above may lease slips at the Leeward Marina on a daily or monthly basis only in accordance with the rules and regulations for the operation of the marina.

(Ord. No. 3721-88; Ord. No. 3793-88; Ord. No. 3850-89; Ord. No. 3912-89; Ord. No. 4101-90; Ord. No. 5106-98; Ord. No. 5441-00; Ord. No. 5719-01, § 1; Ord. No. 6681-10, § 1)

Editor's note—

Ord. No. 6681-10 shall be in effect on and after July 1, 2010.

Sec. 29-53.1. - Flying of model aircraft prohibited.

It shall be unlawful for any person to fly, operate, or cause to be flown or operated any model aircraft on, in or over any city owned or operated park, square, or recreation facility except in those areas designated for such activity by the director.

(Ord. No. 4412-92)