Chapter 12 · Public Property

Article 1. City Parks

Sections 12-101 to 12-120 · 20 sections

12-101 Park rules and regulations.

Those rules heretofore prescribed by the city shall constitute the park rules and regulations which shall be applicable to and enforced upon all park land within the city. Such rules and regulations shall be available at the office of the city clerk as set by the city and amended from time to time as deemed necessary upon the direction of the governing body.

(Ord. 976, Sec. 1; Ord. 2371)

12-102 License fees.

The governing body shall hereafter set and amend, from time to time by resolution, such license fees as are deemed reasonable and generally applicable for use of park lands and facilities, the former junior high gymnasium and all recreational facilities owned by the city, whether located indoors or situated on park land.

(Ord. 1003, Sec. 1; Ord. 2371)

12-103 City clerk to collect fees.

The city clerk or his or her duly appointed agent, is hereby directed to collect such park license fees as are fixed by the governing body from time to time and to thereupon issue such evidence of payment as shall be prescribed by the governing body, including, but not limited to, tags for pool fees or cards for leagues or players for ball fees.

(Ord. 976, Sec. 3; Ord. 2371)

12-104 License required.

No person shall be permitted to use park lands and facilities for which a fee is required until and unless such person, or his or her team or league, where applicable, shall have paid the prescribed fee to the city clerk and obtained a license therefore.

(Ord. 976, Sec. 4; Ord. 2371)

12-105 Licenses to be displayed.

Each person or each team captain (for ball games) and each individual for swimming permits, shall retain such license and produce the same (to show evidence that all license fees have been paid) upon request by any city employee or agent, as such employee shall be designated by the city administrator.

(Ord. 976, Sec. 5; Ord. 2371)

12-106 Damaging park property.

It shall be unlawful for any person, except duly authorized city employees, to willfully or wantonly remove, injure, tarnish, deface or destroy any building, walk, bench, tree or improvement or property of any kind belonging to any park owned by the city.

(Ord. 739, Sec. 1; Code 1998; Ord. 2371)

12-107 Discharge of firearms.

It shall be unlawful to discharge firearms within any city park, except that the discharge of shotguns for target practice is allowed at Wilderness Park but only if the person or group has obtained a special permit from the city clerk allowing the discharge. The permit requirements shall be established and approved under the direction of the city administrator and any violation of the permit requirements, or discharging a shotgun at Wilderness Park without a permit, shall be unlawful and may be prosecuted in the municipal court.

(Ord. 2371)

12-108 Shooting area.

It shall be unlawful for any person, without a permit as described in Section 12-107, to enter an area signed or otherwise designated by the city as a shooting area at Wilderness Park. This section shall not apply to authorized law enforcement or city employees while engaged in the patrol, maintenance and care of the park.

(Ord. 2371)

12-109 Vehicle regulations.

(a)Except as provided in subsection (c), it shall be unlawful for any person to park any motor vehicle in any area not designated for such purpose.

(b)Except as provided in subsection (c), it shall be unlawful for any person to operate any motor vehicle within any city park except licensed vehicles may be operated in city parks upon roads, drives and parking areas established by the city.

(c)Subsections (a) and (b) above shall not apply to authorized city employees while engaged in the maintenance and care of the park.

(Code 1998; Ord. 2371)

12-110 Hunting.

It shall be unlawful for any person to pursue, catch, trap, maim, kill, shoot or take any wildlife, either bird or animal, in any manner at any time while in any city park.

(Code 1998; Ord. 2371)

12-111 Fires.

It shall be unlawful for any person to build or kindle any fire in any city park except in the ovens, stoves, grills, or fire pits provided for that purpose by the city, and such fire must be extinguished by the person, persons or parties starting such fire, immediately after use thereof.

(Code 1998; Ord. 2371)

12-112 Camping prohibited.

Overnight camping is hereby prohibited in city parks except where posted.

(Code 1998; Ord. 2371)

12-113 Sanitation.

All waste material, paper, trash, rubbish, tin cans, bottles, containers, garbage and refuse of any kind whatsoever shall be deposited in disposal containers provided for such purposes. No such waste or contaminating material shall be discarded otherwise. No sticks, stones, trash or other objects shall be thrown or discarded in or on any park lands, fountains, pools, drinking fountains, sanitary facilities, or other improvements.

(Code 1998; Ord. 2371)

12-114 Prohibition against alcoholic beverages and cereal malt beverages.

It shall be unlawful for any person or persons to use, consume, possess, or cause to be located, any alcoholic liquor or cereal malt beverage on the premises of any park or other city property within the city. Said prohibition may be suspended for outdoor park facilities in connection with the Governing Body’s approval of a temporary use permit for a “Public Event” pursuant to Section 9 of Article 5 of the City Zoning Regulations.

(Code 1998; Ord. 2200, Sec. 1; Ord. 2371)

12-115 Preservation of natural state.

(a)It shall be unlawful for any person, except duly authorized city employees, to take, injure, or disturb any live or dead tree, plant, shrub, or flower, or otherwise interfere with the natural state of city parks.

(b)Notwithstanding the foregoing, visitors may minimally disturb the ground or turf in city parks for the purpose of uncovering and retrieving items found as part of treasure hunting, use of a metal detector. The following rules shall apply:

(1)No object of historical or archaeological value or interest may be removed from a park. If such an object is found, park staff must be notified immediately.

(2)Treasure hunting and use of a metal detector is prohibited within landscaped plant beds and areas of the park used for athletic fields.

(3)Use of hand implements (e.g. trowel) is the only method of digging allowed. Small probes and sieves are also acceptable.

(4)Disturbing the natural state of the ground or turf is limited to 3 inches in depth and 3 inches in width. Any removed ground or turf material must be returned to the area disturbed to restore the area to its original condition. The “plug” of ground or turf removed should be preserved and then placed back into the disturbed area for minimum disruption and no noticeable impact to park property.

(5)A litter apron or bag is to be worn or carried during metal detector use/treasure hunting and all litter must be disposed in trash containers or removed from the park.

(6)Plants and trees may not be dislodged or have their roots disturbed.

(7)Metal detecting/treasure hunting is permitted daily from sunrise to sunset.

(Code 1998; Ord. 2371; Ord. 2526)

12-116 General regulations.

The city may post such rules and regulations, as are approved by the governing body, pertaining to the use of the city parks in a conspicuous place in each city park. Violations of these posted rules shall constitute a violation of this code.

(Code 1998; Ord. 2371)

12-117 Prohibiting of the riding of horses within public parks.

When signs are erected giving notice thereof, no person shall ride a horse in or cause a horse to enter a public park within the city limits.

(Ord. 775, Sec. 1; Ord. 2371)

12-118 Hours.

The hours of the city’s parks shall be governed by posted signs at each park. In the absence of a posted sign, the hours for use of the park shall be from sunrise to sunset. Provided, however, that any park or section thereof may be closed temporarily or the hours of opening or closing changed temporarily, in case of emergency, adverse weather conditions or unusual circumstances as determined and ordered by the mayor or his or her designee.

(Ord. 472, Sec. 1; Ord. 2371)

12-119 Fees.

Park fees shall be established by the City’s annual Fee Resolution.

(Ord. 1046, Sec. 1; Code 2009; Ord. 2371)

12-120 Hours of city parks.

All City parks shall be closed to the public from dusk to dawn, except: (a) for overnight camping but only when a sign is posted at the park permitting overnight camping; or (b) illuminated basketball and tennis courts may be used beyond dusk, but no later than 10:30 p.m.; or (c) use of a park before dawn or after dusk when such use is specifically authorized by a permit from the city. Provided, however, that parks or sections thereof may be closed temporarily or the hours of opening or closing changed temporarily, in case of emergency, adverse weather conditions or unusual circumstances as determined and ordered by the mayor or his or her designee.

(Ord. 2325)