CHAPTER 255:  PARKS AND RECREATION

ARTICLE I.  GENERAL PROVISIONS

SECTION 255.010:     DEFINITIONS

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOARD:  The St. Charles Public Park Board.

DIRECTOR:  Any person immediately in charge of any park area and its activities, to whom all park attendants of such areas are responsible.

PARK:  A park reservation, playground, recreation center, building or any other area owned or used by the City and devoted to active or passive recreation.

PARK RANGER, PARK PATROL, PARK SECURITY, PARK POLICE, PARK SUPERVISORY EMPLOYEE OR ATTENDANT:  Any person employed by the City or the Board.

POLICE:  A person authorized and commissioned by the City as a Law Enforcement Officer.

VEHICLE:  Any wheeled or tracked conveyance, whether motor-powered, animal-drawn or self-propelled.  The term shall include any trailer in tow of any size, kind or description.  Exception is made for vehicles in the service of the City parks.  (R.O. 2009 §99.01; CC 1981 §21-40; Ord. No. 77-23, 6-1-77; Ord. No. 81-41, 5-6-81)

          Cross Reference--As to rules of construction and definitions generally, §100.020.

SECTION 255.020:     HOURS OF OPERATION

A.     Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours.  The opening and closing hours for each individual park shall be posted therein for public information or a public notice shall be posted every six (6) months on the bulletin board in Blanchette Park advising of the closed hours of all individual parks.

B.     Any person authorized by permit of the Board or the Director may be in any park or area during closed periods.  (R.O. 2009 §99.02; CC 1981 §21-48; Ord. No. 77-23, 6-1-77)

SECTION 255.030:     CLOSED AREAS

Any section or part of any park or entire park may be declared closed to vehicles or the public by the Board, the Police, the Director, park security, park police, park patrol, Park Ranger and any supervisory park employee or attendant at any time and for any interval of time, either temporarily or at regular and stated intervals, daily or otherwise and either entirely or merely to certain uses as the Board, the Director, the Police, Park Security, Park Police, Park Patrol, Park Ranger and any supervisory park employee or attendant may find reasonably necessary to protect public property.  (R.O. 2009 §99.03; CC 1981 §21-49; Ord. No. 77-23, 6-1-77)

SECTION 255.040:     LOST AND FOUND ARTICLES

The finding of lost articles by park attendants shall be reported to the Director who shall make every reasonable effort to locate the owners.  The Director shall make every reasonable effort to find articles reported as lost.  (R.O. 2009 §99.04; CC 1981 §21-50;  Ord. No. 77-23, 6-1-77)

ARTICLE II.  RULES AND REGULATIONS

SECTION 255.050:     PROHIBITIONS CONCERNING PARK PROPERTY

A.     It shall be unlawful for any person, while in or about any City park, to:

     1.     Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridge, tables, benches, fireplaces, railings, paving or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

     2.     Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.  No person over the age of six (6) years shall use the restrooms and washrooms designated for the opposite sex.

     3.     Dig or remove any rock, stones, trees, shrubs or plants; down timber or other wood or materials; or make any excavation by tool, equipment, blasting or other means or agency except on special written permit as provided for in this Chapter.

     4.     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 as provided for in this Chapter.

     5.     Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers 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.

     6.     Climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences or gun carriages or upon any other property not designated or customarily used for such purposes.

     7.     Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles or projectiles of any kind or nature at any animal, reptile or bird; nor shall any person remove or have in his/her possession the young of any wild animal or the eggs or nest or young of any reptile or bird; nor shall he/she collect, remove, have in his/her possession, give away, sell or offer to sell or buy or offer to buy or accept as a gift any specimen, alive or dead, of any of the group of tree snails.  Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattle snakes, water moccasins, coral snakes or other deadly reptiles, may be killed on sight.

     8.     Give or offer or attempt to give any animal or bird any tobaccos, alcohol, drug or other known noxious substances.

B.     It shall be unlawful for any person, while in or about any City park, to:

     1.     Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, swimming pool, pond, lake, stream or any other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters.

     2.     Bring into, dump, deposit or leave any bottles, broken glass, ashes, papers, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash upon the grounds of any City park.  Nor shall such refuse or trash be placed in any waters in or contiguous to any park.

C.     It shall be unlawful for any person to bring into Frontier Park any beverage containing alcohol in any percentage during the period of special events occurring or scheduled to occur therein including the Festival of the Little Hills, Fourth (4th) of July Celebration and the St. Louis Symphony Concert.  Licensed vendors shall be exempt from this prohibition.  No person shall have upon his/her person nor possess any beverage containing alcohol in any percentage while leaving or departing from Frontier Park during such period of special events.  (R.O. 2009 §99.15; CC 1981 §21-41; Ord. No. 77-23, 6-1-77; Ord. No. 82-60, 8-18-82)

          Cross References--As to offenses against property generally, §§215.010 et seq.; as to alcohol in parks generally, §255.170; as to penalty, §100.150.

SECTION 255.060:     TRAFFIC REGULATIONS

It shall be unlawful for any person, while in or about any City park, to:

     1.     Fail to comply with all applicable provisions of the State and City motor vehicle traffic laws in regard to equipment and operation of vehicles, together with such regulations as are contained in these rules and any other provision of this Code and any other ordinance of the City.

     2.     Fail to obey all traffic officers and park employees, such persons being authorized and instructed to direct traffic whenever needed in the parks in accordance with the provisions of such regulations as may be issued by the Board or by the Director.

     3.     Fail to observe all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and property.

     4.     Drive or ride a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such roads as the Board or the Director may designate, by posted signs, for faster travel.

     5.     Drive or park any vehicle on any park area except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the Board or by the Director.

     6.     Drive or operate a vehicle in the opposite direction than what has been designated.

     7.     Drive or ride a vehicle on a closed driveway past a barricade or remove a barricade for the purpose of riding or driving a vehicle or any other purpose onto a closed driveway or other area of a park.

          a.     The closing of park driveways or parks or any section of park driveways or parks shall be at the direction of the Board, the Police, Director or park supervisory employees.

          b.     The closing of park driveways or any section thereof shall be accomplished by the erection of a suitable barrier across the driveway.

          c.     The criteria for closing park driveways or any section thereof shall be to promote public health, welfare and safety and to protect public property.

     8.     Drive a truck upon the driveways, parking lots or any other areas, except when making deliveries or operation or maintenance supplies to the park or some social function operating under permit of the Board or the Director.  A panel or pickup truck shall be permitted when used exclusively as a passenger vehicle.

     9.     Repair, service or maintain a vehicle; except, that this Subsection (9) shall not apply to park vehicles and all workshops and garages in the parks.  (R.O. 2009 §99.16; CC 1981 §21-42; Ord. No. 77-23, 6-1-77)

          Cross Reference--As to penalty, §100.150.

SECTION 255.070:     PARKING REGULATIONS

A.     It shall be unlawful for any person, while in or about any City park, to:

     1.     Park a vehicle in other than an established or designated area and such use shall be in accordance with directions and instructions of any attendant who may be present.

     2.     Park on a road or driveway at any time.  No stopping or parking is permitted on the left-hand side of any one-way road or driveway.  The only exception being by direction of the Director or officer in charge when designated parking areas overflow.

     3.     Double park any vehicle on any road or parkway unless directed by a park official.

     4.     Fail to use a muffler adequate to deaden the sound of the engine in a motor vehicle.

B.     All other parking restrictions are to be as posted by order of the Board, the Director or the Police Department.

C.     It shall be unlawful for any person while in or about any City park to bring into or possess upon the paved portion of the roadway or within any area for the designating of parking of automobiles any beverage containing alcohol in any percent in an open container, open can or bottle or to consume any alcoholic beverage upon the roads or driveway or designated parking area.  (R.O. 2009 §99.17; CC 1981 §21-43; Ord. No. 77-23, 6-1-77; Ord. No. 83-99, 11-2-83)

          Cross Reference--As to alcohol prohibited or restricted in parks, §255.170.

SECTION 255.080:     BICYCLE REGULATIONS

It shall be unlawful for any person, while in or about any City park, to:

     1.     Ride a bicycle on other than a paved vehicular road or path designated for that purpose.  A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.

     2.     Ride a bicycle other than on the right-hand side of the road paving as close as conditions permit; bicycles shall be kept in single file when two (2) or more are operating as a group.  Bicyclists shall at all times operate their machines with reasonable regard to the safety of others and shall signal all turns and stops.

     3.     Ride any other person on a bicycle.

     4.     Leave a bicycle in a place other than a bicycle rack when such rack is provided and there is space available.

     5.     Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by such bicycle.

     6.     Ride a bicycle on any road thirty (30) minutes after sunset or before thirty (30) minutes before sunrise without an attached headlight plainly visible at least two hundred (200) feet in front of such bicycle and without a red taillight or red reflector plainly visible from at least one hundred (100) feet from the rear of such bicycle.  (R.O. 2009 §99.18; CC 1981 §21-44; Ord. No. 77-23, 6-1-77)

          Cross References--As to bicycles generally, §§365.010 et seq.; as to penalty, §100.150.

SECTION 255.090:     BATHING AND SWIMMING

It shall be unlawful for any person, while in or about any City park, to:

     1.     Swim, wade, bathe or wash in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereafter adopted.  Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing or congregate thereat when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous or otherwise inadvisable.

     2.     Frequent any swimming pool, bathhouse, waters or places designated for the purpose of swimming or bathing or congregate thereat, except between such hours of the day as shall be designated by the Director for such purposes for each individual area.

     3.     Allow himself/herself to be so covered with a bathing suit as to indecently expose his/her person.  No person shall appear in bathing costume at any place in the parks except within the limits of designated bathing places or areas.

     4.     Dress or undress on any area or in any vehicle, toilet or other places, except in such bathing houses or structures as may be provided for that purpose.  (R.O. 2009 §99.19; CC 1981 §21-45(a); Ord. No. 77-23, 6-1-77; Ord. No. 81-41, 5-6-81)

          Cross References--As to bathing while insufficiently clothed, §215.710; as to penalty, §100.150.

SECTION 255.100:     HUNTING AND FIREARMS

A.     It shall be unlawful for any person, while in or about any City park, to hunt, trap or pursue wildlife at any time.  No person shall use, carry or possess firearms of any description or air pistols, spring guns, bows 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 fire blank cartridges or any kind of trapping device.  Shooting into park areas from beyond park boundaries is forbidden.  The carrying, possession or use of firearms of any description or air rifles, air pistols, spring guns, bows and arrows, slings or any other forms of weapons shall be permissible while such weapons are being carried to and from a designated area of use of the aforementioned weapons.  All such weapons shall be carried in an unloaded and in carrying cases or broken down.

B.     Any civic, fraternal, benevolent or other organization may make application to the Director of the Park Department for a permit to hold a "black powder shoot", using muzzle-loaders, as a part of major festivals and celebrations held in Frontier Park.  The application shall specify the types of muzzle-loaders to be used, the types of powder and projectiles and the time and place of the use.  The Director, after consultation with the Chief of Police, may issue the permit if, in the Director's opinion, the use of muzzle-loaders will not endanger the public peace or public safety.  (R.O. 2009 §99.20; CC 1981 §21-45(b); Ord. No. 77-23, 6-1-77; Ord. No. 81-41, 5-6-81; Ord. No. 86-214, 8-13-86)

          Cross References--As to weapons regulations, §§215.950 et seq.; as to penalty, §100.150.

SECTION 255.110:     PICNIC AREA USE

It shall be unlawful for any person, while in or about any City park, to:

     1.     Picnic or lunch in a place other than those designated for that purpose.  Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all.  Visitors shall comply with any directions given to achieve this end.

     2.     Violate the regulation that use of the individual fireplaces together with tables and benches follows generally the rule of "first come, first served".

     3.     Use any portion of the picnic areas, tables or any building or structure therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.

     4.     Have exclusive use of any area unless granted such permission by the Director.

     5.     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 the 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.  (R.O. 2009 §99.21; CC 1981 §21-45(c); Ord. No. 77-23, 6-1-77; Ord. No. 81-41, 5-6-81)

          Cross Reference--As to penalty, §100.150.

SECTION 255.120:     CAMPING

It shall be unlawful for any person, while in or about any City park, to camp in other than the day camp area of McNair Park, which area shall only be  available for organized camping and used by persons under adequate supervision and at the direction and permission of the Director, which permission shall only be granted to bona fide camping organizations.  No person shall set up a shack or any other temporary shelter, other than tents, for the purpose of overnight camping; nor shall any movable structure or special vehicle be used for such purposes, such as house trailers, camp trailers, camp wagons or the like.  (R.O. 2009 §99.22; CC 1981 §21-45(d); Ord. No. 77-23, 6-1-77; Ord. No. 81-41, 5-6-81)

          Cross Reference--As to penalty, §100.150.

SECTION 255.130:     GAMES

It shall be unlawful for any person, while in or about any City park, to:

     1.     Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, golf, horseshoes, stones, arrows, javelins or use of any radio controlled model planes or radio controlled model boats, except in areas set apart for such forms of recreation.  The playing of games involving frisbees, wiffle ball, nerf ball, volleyball and badminton will be allowed except in parking lots and areas of public congestion.

     2.     Participate in organized football and soccer practice and games before August thirtieth (30th) of any year in any park under the control of the Board; provided however, that football and soccer practice and games can be participated in on a year-round basis at the St. Charles Sports Complex.

     3.     Play so-called beer contests of all descriptions in any park under the control of the Board with the exception of Ed Bales Park and Elm Park.  (R.O. 2009 §99.23; CC 1981 §21-45(e); Ord. No. 77-23, 6-1-77; Ord. No. 81-41, 5-6-81; Ord. No. 04-71, 3-26-04)

          Cross Reference--As to penalty, §100.150.

SECTION 255.140:     HORSEBACK RIDING

It shall be unlawful for any person, while in or about any City park, to ride a horse or pony or allow to run at large a horse, pony or other similar animal, except in conjunction with a civic parade sponsored by a bona fide organization of the City with the permission of the Director.  Such horseback riding shall be confined to the driveways of the park.  When permitted in parades, horses shall be thoroughly broken, properly restrained, ridden with due care and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub.  (R.O. 2009 §99.24; CC 1981 §21-45(f); Ord. No. 77-23, 6-1-77; Ord. No. 81-41, 5-6-81)

          Cross Reference--As to penalty, §100.150.

SECTION 255.150:     TENNIS COURTS

Players shall limit play to one (1) hour for singles or doubles when other tennis players are waiting to play.

     1.     Players must wear tennis shoes.

     2.     Persons sixteen (16) years of age and older and who are residents of the City will have priority to use tennis courts after 6:00 P.M.

     3.     Tennis courts may be reserved by the Park Department for practices, games, lessons or tournaments for a definite period of time as determined by the Board, Director or supervisory park employees.

     4.     Players or spectators shall not sit or stand on the ends of the courts.  (R.O. 2009 §99.25; CC 1981 §21-45(g); Ord. No. 77-23, 6-1-77; Ord. No. 81-41, 5-6-81)

SECTION 255.160:     MUSICAL INSTRUMENTS AND SOUND EQUIPMENT

A.     It shall be unlawful for any person, while in or about any City park, to operate or play any musical instrument, radio, mechanical record or tape player, loudspeaker, public address system or sound amplifying equipment of any kind within the boundaries of any park in such a manner as to cause the sound emanating therefrom to exceed a loudness of seventy-five (75) decibels when measured on the seventy (70) decibel scale at a distance of fifteen (15) feet from the sound source, without a written permit issued by the Board or the Director.

B.     In the event the operation or playing of any musical instrument, radio, mechanical record or tape player, loudspeaker, public address system or sound amplifying equipment shall unduly disturb other park occupants or persons living near the parks, the Director, Police, Park Security, Park Police, Park Patrol, Park Ranger and any supervisory park employee or attendant shall have the authority to order the person responsible for such disturbances to reduce the level of sound to a sound level that will not unduly disturb other park occupants or persons living near any park, regardless of any permit or sound levels.

C.     In the event the person responsible for disturbing other park occupants or persons living near any park, by operating or playing any musical instrument, radio, mechanical record or tape player, loudspeaker, public address system or sound amplifying equipment of any description, refuses to reduce the sound level as directed by the Director, Police, Park Security, Park Police, Park Patrol, Park Ranger or any security service personnel employed by the Board and any supervisory park employee or attendant, such person shall be subject to arrest and/or ejection from the park, regardless of any permit.  (R.O. 2009 §99.26; CC 1981 §21-45(h); Ord. No. 77-23, 6-1-77; Ord. No. 81-41, 5-6-81)

          Cross References--As to noise control, ch. 230; as to penalty, §100.150.

SECTION 255.170:     ALCOHOL OR DRUGS PROHIBITED IN PARK

It shall be unlawful for any person, while in or about any City park, to:

     1.     Alcohol generally.  Possess intoxicating beverages or to drink intoxicating beverages when said beverages have an alcohol content in excess of fourteen percent (14%) by weight, except that the foregoing shall not apply to functions in Memorial Hall.  Functions in areas or facilities in which the alcohol content of intoxicating beverages is not in excess of fourteen percent (14%) by weight is allowed under permits issued by the Park Board; or to sales made by the Parks Department or by vendors licensed to make such sales by the Park Board.

     2.     Keg or draught beer.  Have or cause to be brought in keg or draught beer of any kind, with the exception of the Ed Bales Area in Point DuSable Park and Schneider/Kiwanis Park, except that the foregoing shall not apply to the licensed sale of intoxicating beverages sold under the supervision of the Director, nor shall it apply to the licensed sale of five percent (5%) keg or draught beer by a bona fide organization of the City operating under the permission of the Public Park Board.

     3.     Beverage coolers.  Have a beverage cooler with beer in it on the athletic fields or in the spectator areas of the athletic fields of any park under the control of the Board.

     4.     Beverage cooler capacity.  Have or cause to be brought in beverage in larger than three (3) case capacity.

     5.     Drunkenness.  Have entered or be under the influence of intoxicating liquor.

     6.     Alcohol consumption by minors.  Drink or consume alcoholic beverages who has not attained the age of twenty-one (21) years.

     7.     Drugs.  Be under the influence of drugs, consume or use drugs or possess drugs of any kind, type or description unless prescribed by a doctor of medicine.  (R.O. 2009 §99.27; CC 1981 §21-46(1--7); Ord. No. 80-4, 1-16-80; Ord. No. 81-41, 5-6-81; Ord. No. 82-9, 3-17-82; Ord. No. 82-59, 8-18-82; Ord. No. 86-213, 8-13-86; Ord. No. 97-249, 8-14-97; Ord. No. 02-191, 7-26-02; Ord. No. 06-152, 6-27-06)

          Cross Reference--As to penalty, §100.150.

SECTION 255.180:     OTHER PROHIBITED BEHAVIOR

It shall be unlawful for any person, while in or about any City park, to:

     1.     Explosives and the like.  Bring or have in his/her possession or set off, except in designated areas, or otherwise cause to explode or discharge or burn any firecrackers, torpedoes, rockets or other fireworks or explosives of inflammable material or discharge them or throw them into any such area from land or highway adjacent thereto.  This prohibition includes any substances or compound that would be dangerous from any of the foregoing standpoints.  The area in Bales Park, that is north of the treatment plant, is to be designated as a model rocket launching site for rockets that conform to the specifications of the National Association of Rocketry and which are not more than one-half (½) pound in weight.

     2.     Domestic animals.  Be responsible for the entry of a dog or other domestic animal, unless such animal shall be restrained at all times on adequate leashes not greater than six (6) feet in length.  No person shall be responsible for the entry of a dog or other domestic animal whether or not restrained by a leash during the period of special events at the Frontier Park including the Festival of the Little Hills, Fourth (4th) of July Celebration and the St. Louis Symphony Concert.  The prohibition shall not apply to service animals, K-9 Corps dogs or to parade animals and horses being ridden as part of crowd control at special events.  For purposes of this Section, the words "service animals" mean dogs that are individually trained to do work or perform tasks for people with disabilities as those words are defined in the regulations or any amendment thereto implementing the Americans with Disabilities Act.

     3.     Reserved fields and the like.  Occupy any seat or bench, baseball diamond, building, football field, soccer field, tennis court, horseshoe court or enter into or loiter or remain in any pavilion or other park structure or grounds or section thereof which may be reserved and designated by the Board or the Director for use by a person.

     4.     Attire.  Appear at any place in other than proper clothing, with the exception of restricted bathing areas.

     5.     Soliciting.  Solicit alms or contributions for any purpose, whether public or private.

     6.     Fires.  Build or attempt to build a fire on the ground, paving or any other areas except under such regulations as may be designated by the Director.

     7.     Closed areas.  Enter an area posted as "Closed To The Public"; nor shall any person use or abet the use of any area in violation of posted notices.

     8.     Ice skating.  Go onto ice on any waters, except such areas as are designated as skating fields; provided a safety signal is displayed.

     9.     Loitering, disorderly conduct and the like.  Sit or lounge on vehicles without the permission of the owners; or engage in loud, boisterous, threatening, abusive, insulting or indecent language; or engage in any disorderly conduct or behavior tending to a breach of the public peace; or create a nuisance.

     10.     Permits.  Fail to produce and exhibit any permit from the Director he/she claims to have, upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.

     11.     Disturbing, and the like, others.  Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.  (R.O. 2009 §99.28; CC 1981 §21-46(8--19); Ord. No. 77-23, 6-1-77; Ord. No. 80-4, 1-16-80; Ord. No. 81-41, 5-6-81; Ord. No. 82-9, 3-17-82; Ord. No. 82-59, 8-28-83; Ord. No. 86-213, 8-13-86; Ord. No. 13-005 §1, 1-11-13)

          Cross References--As to alcohol in frontier park, §255.050(C); as to penalty, §100.150.

SECTION 255.190:     ADVERTISING IN PARK

It shall be unlawful for any person, while in or about any City park, to:

     1.     Expose or offer for sale any article or thing or to station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing.  Exception here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Board or the Director.

     2.     Announce, advertise or call the public attention in any way to any article or service for sale or hire.

     3.     Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever on any public land, building, wall, fence, tree, post or highway or road adjacent to a park, except as permitted by Section 400.1630(4).

     4.     Pass out handbills, newspapers, pamphlets, newsletters, literature or pictures, designed to promote the sale of any item or thing, without the written permission of the Board or the Director.

     5.     The provision of this Section relating to merchandising, advertising and signs shall not apply to regularly licensed concessionaires or organizations acting under authority and regulation of the Board, the Director or in Memorial Hall as approved by the Director.  (R.O. 2009 §99.29; CC 1981 §21-47; Ord. No. 77-23, 6-1-77; Ord. No. 06-191, 7-28-06)

          Cross References--As to signs, generally, §§400.1370 et seq.

SECTION 255.200:     CAMPING PROHIBITED ON NON-PARK PROPERTY

No person shall camp, set up a tent or temporary shelter for the purpose of overnight camping; nor shall any movable structure or special vehicle, such as house trailers, camp trailers, camp wagons or recreational vehicle, be used for such purposes on any non-park property.  The Mayor shall have the authority to waive the prohibition of this Section.  (R.O. 2009 §99.30; Ord. No. 06-261,  9-22-06; Ord. No. 07-162, 6-11-07)

ARTICLE III.  ADMINISTRATION AND ENFORCEMENT

SECTION 255.210:     PERMITS REQUIRED FOR CERTAIN ACTIVITIES

A.     Required.  A permit shall be obtained from the Board or the Director by any person before participating in the following park activities:  sponsorship of a public picnic, public celebration or event or concert; organized use of picnic grounds by persons, schools, companies and the like, baseball or softball fields, tennis courts, soccer fields, football fields and any other areas or fields to be used for scheduled practice, league play, games or tournament play.

B.     Application.  A person seeking issuance of a permit hereunder shall file an application with the appropriate Director.  The application shall state:

     1.     The name and address of the applicant.

     2.     The name and address of the person sponsoring the activity.

     3.     The day and hours for which the permit is desired.

     4.     The park or portion thereof for which such permit is desired.

     5.     An estimate of anticipated attendance.

     6.     Any other information which the Director shall find reasonably necessary for a fair determination as to whether a permit should be issued.

C.     Standards For Issuance.

     1.     The Director shall issue a permit when he/she finds:

          a.     The proposed activity of use of the park will not reasonably interfere with or detract from the general public enjoyment of the park.

          b.     The proposed activity and use will not reasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.

          c.     The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.

          d.     The proposed activity will not entail unusual, extraordinary or burdensome expense or Police operation by the City.

          e.     The facilities desired have not been reserved for other use at the day and hour required in the application.

     2.     In the event the Director finds he/she is unable to issue a permit due to the circumstances involved, he/she is to submit the request to the Board for determination.

D.     Appeal.  Within thirty (30) days after receipt of an application, the Director shall apprise an applicant in writing of his/her reasons for refusing a permit and any aggrieved person shall have the right to appeal in writing within ten (10) days to the Board which shall consider the application under the standards set forth in Subsection (B) of this Section and sustain or override the Director's decision within thirty (30) days or at the next regular meeting of the Board.  The decision of the Board shall be final.

E.     Effect Of Permit.  A permittee shall be bound by all park rules and regulations and all applicable provisions of this Code and any other ordinance of the City fully as though such were inserted in such permit.  The permittee agrees that all persons involved in the presentation of the event will observe the terms and conditions of the permit, when issued, and will comply with requests of park officials concerning traffic arrangements, crowd control measures, use of park facilities and sound that may unduly disturb other patrons of the park or citizens of the City.

F.     Liability Of Permittee.  The person to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person to whom such a permit shall have been issued.

G.     Revocation.  The Board or the Director shall have authority to revoke a permit upon finding of violation of any rule, code or ordinance provision or upon good cause shown.  (R.O. 2009 §99.40; CC 1981 §21-51; Ord. No. 77-23, 6-1-77)

SECTION 255.220:     ENFORCEMENT OF PARK RULES AND REGULATIONS

A.     Enforcement Officials.  The Director, Police, Park Security, Park Police, Park Patrol, Park Ranger or any security service personnel employed by the Board and any supervisory park employee or attendant shall, in connection with their duties imposed by law, diligently enforce the rules and regulations.

B.     Arrest Or Ejection.  The Director, Police, Park Security, Park Police, Park Patrol, Park Ranger or any security service personnel employed by the Board and any supervisory park employee or attendant shall have the authority to have arrested or to eject from the park any person acting in violation of park rules and regulations or any code or ordinance provision governing the parks of the City.

C.     Seizure Of Property.  The Director, Police, Park Security, Park Patrol, Park Ranger or any security service personnel employed by the Board and any supervisory park employee or attendant shall have the authority to seize and confiscate any property, thing, animal or device in the park used in violation of these rules and regulations.  (R.O. 2009 §99.41; CC 1981 §21-52; Ord. No. 77-23, 6-1-77; Ord. No. 88-147, 7-20-88; Ord. No. 90-168, 6-21-90)