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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: 595 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 595 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.