HomeMy WebLinkAbout2.d. Consumption of Alcohol in City ParksAGENDA ITEM: Consumption of Alcohol in City Parks
AGENDA SECTION:
Discussion
PREPARED BY: Dan Schultz, Parks and Recreation
Director
AGE
ATTACHMENTS: Current City Code, Proposed Changes
and Executive Summary from March 27,
2006 Parks and Recreation Commission
meeting.
APPROVED BY:
RECOMMENDED ACTION: None, discussion only
ROSEMOUNT
CITY COUNCIL
City Council Work Session: April 12, 2006
EXECUTIVE SUMMARY
ISSUE
The Parks and Recreation Cornnussion has made a recommendation to change the restriction on the
consumption of alcohol in City- parks The Commission has reviewed the restrictions that are in place m a
number of other metro communities and feels that Rosemount could better serve the pubhc with the
proposed changes.
BACKGROUND
Over the past few months the Parks and Recreation Commission has been reviewing the City's code
relating to the use of alcohol in City parks The discussion stemmed from a review of the City code
relating to parks during a Parks and Recreation Commission goal setting meeting
Currently the City allows the consumption of alcohol in Erickson Park or in parks that have a shelter, and
you must be within 50 feet of the shelter.
The proposed changes to our code would allow for beer and wine m all City parks, and groups of more
than 30 people gathering and consuming alcohol in a City park would need a permit from the Park and
Recreation Department
SUMMARY
Staff would like the City Council to discuss the proposed changes and provide staff with direction as to
whether the topic should be placed on a future City Council agenda.
4 -3 -1 4 -3 -2
SECTION
CITY PARK
CHAPTER 3
PARKS, REGULATIONS
4 -3- 1: Purpose and Intent
4 -3- 2 Definitions
4 -3- 3: Park Hours
4 -3- 4: City Park Reservations
4 -3- 5: Vehicle Use /Parking Regulations
4 -3- 6 Fire
4 -3- 7 Litter
4 -3- 8• Personal Property
4 -3- 9. Protection of Property, Structures and Natural Resources
4 -3 -10 Liquor Restrictions
4 -3 -11: Animals
4 -3 -12: Golf
4 -3 -13: Restrooms
4 -3 -14: Public Sales
4 -3 -15. Posters and Advertisements
4 -3 -16. Glass
4 -3 -17: Weapons Prohibited
4 -3 -18: Violations /Penalties
4 -3 -1: PURPOSE AND INTENT: The purpose of this Chapter
is to provide for the regulated use of and the protection of
life and property in or on City parks. (Ord XVI 27, 2 -1-
94)
4 -3 -2: DEFINITIONS: For the purposes of this Chapter, the
following words and phrases shall have the meanings
given them.
Any land owned by the City of Rosemount
and designated as a park by the City
Council by separate resolution
City of Rosemount
494
L (PARK INFORMATIOMParks Regulations 2005 dor
4 -3 -2 4 -3 -4
LIQUOR: A beverage capable of inducing intoxication,
including but not limited to 3.2 beer, wine and
wine coolers.
MOTORIZED
VEHICLES: Any motor vehicle, whether designed for, used or
capable of use for travel, lodging, sport,
amusement or recreation, whether or not eligible
to be licensed for use upon streets or highways,
including but not limited to automobiles, buses,
trucks, tractor trailers, tractors, motor bikes, motor
scooters, mini bikes, trail bikes, motorcycles, go-
karts, hover craft, snowmobiles, all- terrain
vehicles or dune buggies (Ord XVI 27, 2 -1 -94)
4 -3 -3: PARK HOURS:
A. Closing Hours Except as otherwise provided, parks shall be
closed between the hours of ten o'clock (10 00) p m. and six
o'clock (6 00) a m of the following day, and no person shall be
upon City park property during these hours
B. Exceptions:
494
1. Persons shall be allowed upon City park property after
closing hours if they have a permit from the Parks and
Recreation Department.
2 Erickson Park shall be closed at eleven o'clock (11:00) p m.
rather than ten o'clock (10 00) p.m.
3. The City Council may by resolution modify the closing hours
as it may deem appropriate.
4. City personnel may be in the parks at any time if acting in
the course of their official duties
5. City personnel may assign special hours of use by posting at
park site. (Ord. XVI.27, 2 -1 -94)
4 -3-4: CITY PARK RESERVATIONS: No person or group
shall have exclusive use of all or any portion of a
park unless they have first reserved the property
with the Parks and Recreation Department and have
City of Rosemount
L (PARK INFORMA TIOMParks Regulations 2005 dot
4 -3 -4 4 -3 -7
4 -3 -5: VEHICLE USE /PARKING REGULATIONS:
A. Use of motorized vehicles, including operation and parking,
within City parks shall be unlawful except upon roads or trails
specifically designated for such use
B. No person shall operate or park a motorized vehicle within City
parks during hours when the park is closed unless authorized by
permit issued by the Parks and Recreation Department
C. No person shall park a motorized vehicle within City parks
unless that person is a patron of the park at that time or unless
authorized by permit issued by the Parks and Recreation
Department.
D. No person shall park a motorized vehicle on the east side of
Brazil Avenue within Erickson Park, unless authorized by permit
issued by the Parks and Recreation Department (Ord XVI 27,
2 -1 -94)
4 3 6: FIRE:
procured a permit. Unless an exclusive use permit is
procured, use of the park property will be on first come,
first served basis. (Ord XVI 27, 2 -1 -94)
A. No person shall ignite a fire in any City park except in barbecue
grills provided Charcoal fires are permitted in barbecue grills
only, no wood fires allowed
B. No person igniting or attending a fire shall leave the area before
the fire has been completely extinguished
C. City personnel, upon authorization of the City Fire Marshall, are
able to ignite fires with the use of various combustible materials
(Ord. XVI 27, 2 -1 -94)
4 -3 -7: LITTER: No person shall litter any City park or any lake,
pond, or water course within or draining into a City park
with any form of trash or waste material. Such trash or
waste material shall be deposited in the proper
receptacles when provided, where receptacles are not
provided, all trash or waste material shall be carried
away from the area by the person responsible for its
presence (Ord. XVI.27, 2 -1 -94)
Cny of Rosemount
595
L (PARR /NFORMA TIOMPart Regulations 2005 dot
4 -3 -8 4 -3 -10
4 -3 -8 PERSONAL PROPERTY: No person shall leave or store
personal property within any City park without written
permission from the Parks and Recreation Department.
(Ord XVI.27, 2 -1 -94)
4 3 9 PROTECTION OF PROPERTY, STRUCTURES AND
NATURAL RESOURCES:
A. Damaging or Removing Property Prohibited: No person shall
willfully deface, vandalize or otherwise cause destruction to City
park property
B. Flowers, Trees and Shrubs No person shall willfully and without
authority cut, pluck or otherwise injure any flowers, shrubs, trees
or other plant material growing in or around any City park No
person shall introduce any form of vegetation within a park
without permission from the Parks and Recreation Department
C. Birds or Animals: No person shall willfully and without authority
kill, trap, hunt, pursue or in any manner disturb or interfere with
any species of wildlife in any City park without permission from
the Parks and Recreation Department No person shall release
any insect, fish or animal in any City park without permission
from the parks and Recreation Department
D. Restitution: In addition to other penalties, any person violating
the provisions of this Section shall make restitution to the Parks
and Recreation Department for the full value of the damage
caused, including, but not limited to, the cost of repairs,
replacement and labor (Ord XVI 27, 2 -1 -94)
4 10 LIQUOR RESTRICTIONS:
F
A Possession and Consumption Restricted: The possession
and /or consumption of liquor in any City park shall be prohibited
except as provided in 4- 3 -10B.
B Use in Parks: "Wine" and "3 2% malt liquor as defined in
Minnesota Statutes, section 340A 101, may be possessed or
consumed, but only in the following City parks or areas of City
parks:
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1. All areas of Erickson Park
City of Rosemount
G IPARK INFORMAUOMPark Regulations 2005 rloc
4 -3 -10 4 -3 -12
2. City parks with shelters, by permit only, obtained through the
Parks and Recreation Department, provided that
consumption and possession of beer and wine is limited to
areas within fifty feet (50') of a shelter.
3. No glass bottles are allowed in the parks.
C Sale of Liquor in Erickson Park: With the approval of the City
Council, a license may be issued for the sale of "3.2% malt
liquor" as defined in Minnesota Statutes, section 340A 101, only
in Erickson Park. If a license Is issued, it must be posted in a
conspicuous place in the premises selling the 3.2% malt liquor
(Ord XVI.30, 4-4 95)
4 -3 -11 ANIMALS':
A. Proper Restraint A dog or cat is considered to be under
restraint on City park property only when it is controlled with the
use of a leash no longer than ten feet (10') or when it is under
voice or signal command in the exercise areas designated by
the City.
B. Feces Removal: All persons in control of an animal on City park
property shall have in his /her possession at all times apparatus
which can be used for cleaning up feces and /or a bag for proper
disposal of feces. The person in control of an animal is
responsible for picking up his /her animal's feces and disposing
of it properly
C. Proper Control' No person shall permit a dog or other animal to
disturb, harass or interfere with or endanger any visitor or
visitor's property. No person shall tether and leave unattended
any dog or animal to a tree, plant, building or City park
equipment.
D Special Ev» ts. No animals under human control snail be
allowed on the Carrolls Woods trails during the Parks and
Recreation sponsored Haunted Woode event except lead dogs
foI sight i =r sire frerscns (Ord XVL27, 2- 1 -9
4 -3 -12: GOLF: No person shall play the game of golf or engage
in putting, practice swinging, or the striking of any golf
balls in any City park. (Ord. XVI 27, 2 -1 -94)
1 Further details of the Animal Ordinance are contained in Title 7, Chapter 4 of this Code.
Cary of Rosemount
595
L IPARK INFORMATfOMP0rk, Regulmm,u 2005 doe
4 -3 -13 4 -3 -18
4 -3 -13: RESTROOMS: Every person shall cooperate in
maintaining restrooms, washrooms and other sanitation
facilities in a neat, orderly and sanitary condition No
person shall use the restrooms and washrooms designed
and designated for members of the opposite sex, except
for children who may be accompanied by an adult when
deemed appropriate (Ord. XVI 27, 2 -1 -94)
4 -3 -14: PUBLIC SALES: No person shall expose or offer for
sale, rent or hire any article or thing or conduct any
commercial enterprise within a City park unless that
person has obtained a permit from the Parks and
Recreation Department (Ord XVI.27, 2 -1 -94)
4 -3 -15: POSTERS AND ADVERTISEMENTS:
A No person shall post, glue, tack or otherwise affix any sign,
placard, advertisement or other inscription whatsoever to public
property within any City park.
B. No person shall distribute or disseminate leaflets, pamphlets or
other written or printed material, or use loudspeakers or other
amplifying system, in any City park without a permit from the
Parks and Recreation Department (Ord XVI.27, 2 -1 -94)
4 -3 -16: GLASS: No person shall bring glass containers of any
kind into any City parks, including but not limited to
beverage containers, drinking glasses, etc (Ord XVI 27,
2 -1 -94)
4 -3 -17: WEAPONS PROHIBITED': The use or possession of
"firearms as defined in Title 7, Chapter 5 of this Code,
within the City parks is prohibited, except the use of
archer equipment in designated archery ranges. (Ord
XVI 27, 2 -1 -94)
4 -3 -18: VIOLATIONS /PENALTIES• Any person who shall
violate any provision of this Chapter shall be deemed
guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not to exceed seven hundred
dollars ($700,00) or by imprisonment not to exceed
ninety (90) days, or both. (Ord XVI 27, 2 -1 -94)
1 Firearm regulations are contained in Title 7, Chapter 5 of this Code
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City of Rosemount
L (PARR INFORMATIOMPnrkr Regulations 2005 dui
B.
C.
CLL- 284840v1
RS215 -7
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO.
ORDINANCE RELATING TO THE CONSUMPTION
OF BEER AND WINE IN CITY PARKS; AMENDING
CITY CODE SECTION 4 -3 -10
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows:
Section 1. Rosemount City Code Section 4 -3 -10 is amended as follows:
4 -3 -10: LIQUOR RESTRICTIONS:
A. Possession and Consumption Restncted: The possession and/or consumption of
liquor in any City park shall be prohibited except as provided in 4- 3 -10B.
Use in Parks: "Wine" and "3,29/0-malt liquor as defined in Minnesota Statutes,
section 340A.101, may be possessed or consumed, but only in the following City
parks or areas of City parkssublect to the following conditions:
1. No wine or malt liquor may be possessed or
consumed at any party or gathering of more than 30 people without first secunng a
permit from the City's Parks and Recreation Department.
2. City parks with shelters, by permit only, btaincd through the Parks and
is limited to ar s w ithm fifty feet (50') of a .,hclter
3:2. No glass bottles are allowed in the parks
Sale of Liquor in Erickson Park and Central Park. With the approval of the City
Council, a license may be issued for the sale of "3.2% malt liquor" as defined in
Minnesota Statutes, section 340A.101, only in Erickson Park and Central Park If a
license is issued, it must be posted in a conspicuous place in the premises selling the
3 2% malt liquor. (Ord. XVI.30, 4 4 95)
Section 2. This ordinance shall be effective the day following its publication.
AGENDA ITEM: City Code Updates
AGENDA SECTION:
New Business
PREPARED BY: Dan Schultz, Parks and Recreation
Director
AGENDA NO.
6 a.
ATTACHMENTS: Proposed changes to City Code relating
to alcohol in City Parks
APPROVED BY:
RECOMMENDED ACTION: Motion to recommend the City Council review the proposed
changes to the City Code on the use of alcohol in City parks.
ROSEMOUNT EXECUTIVE SUMMARY
PARKS AND RECREATION COMMISSION
Parks and Recreation Commission Regular Meeting: March 27, 2006
pY
BACKGROUND
Last fall the Commission reviewed the City's codes relating to the City's parkland The Commission
recommended trying to change the Iinutations on the use of alcohol m parks to create a more user
friendly opportuiuty for those trying to host neighborhood parties or special events Staff contacted
the City attorney about the request and the attorney felt changes could be made with approval by the
Council.
Listed below is information on how a few other communities handle alcohol in them parks.
Apple Valley Intoxicating hquors (except beer) are prohibited Alcohol is allowed in Alimagnet
Park by permit only
Lakeville It is unlawful for any person to consume intoxicating hquor within city parks, exclusive
of beer Hard hquor is prohibited.
Burnsville Alcohol is prohibited m the following areas m the Burnsville park system
All of Black Dog Park
All of Crystal Lake West Park (except boat launch)
Within 30 feet of youth fields and activities
On or within 30 feet of parking lots and access /roads
Inside or on adult fields for all adult leagues
All recreation buildings and warming houses (except by special permit)
All beaches and beach viewing areas
Shakopee Intoxicating liquor is piohibited Beer (can only) may be consumed m city parks m the
shelter area only
Elk River Alcohol is permitted provided that it is for your own /family use, no laws are broken,
and that no unruly behavior occurs.
South St. Paul It is unlawful to have in possession or to consume intoxicating hquor, as defined
by Minnesota State Statutes section 340A 101, subdivision 4, m, upon, or within any park or park
and recreation facihties or properties within the city.
SUMMARY
Staff has spoken with our City Attorney and he has provided some proposed language allowing beer
and wine in all parks and a way to have knowledge of groups using alcohol m parks Attached are
the proposed changes to the code provided by our City Attorney.