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HomeMy WebLinkAbout7.b. Proposed Changes to Park Ordinances EXECUTIVE SUMMARY Parks and Recreation Commission Meeting: September 20, 2021 AGENDA ITEM: Proposed Changes to The City Ordinances – Park Rules AGENDA SECTION: New Business PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 7 b. ATTACHMENTS: Current City Ordinance Relating to Park Rules APPROVED BY: dls RECOMMENDED ACTION: To be discussed at the meeting. ISSUE Parks and Recreation department staff have been reviewing the city ordinances relating to park rules and we have noticed some ordinances that are out of date or vary quite a bit from best practices that are taking place in other local communities. Some of the main areas that staff feel need to be updated include: • Parking in Erickson Park • Alcohol use in parks • Removal, cutting or otherwise defacing or altering any tree or ground cover Included in the pack are the current City Codes for the Commission review. Staff will have a few proposed changes at the meeting on Monday. RECOMMENDATION Staff will share some recommended changes to the City Code at the meeting on Monday and provide some assistance with developing a recommendation. Parks Rules and Regulations 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, 2-1-1994) 4-3-2: DEFINITIONS: For the purposes of this chapter, the following words and phrases shall have the meanings given them: CITY PARK: Any land owned by the city of Rosemount and designated as a park by the city council by separate resolution. 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, motorbikes, motor scooters, minibikes, trail bikes, motorcycles, go-karts, hovercrafts, snowmobiles, all-terrain vehicles or dune buggies. (Ord. XVI.27, 2-1-1994) 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: 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, 2-1-1994) 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 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, 2-1-1994) 4-3-5: VEHICLE USE/PARKING REGULATIONS: A. Use of motorized vehicle, 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, 2-1-1994) 4-3-6: FIRE: A. No person shall ignite a fire in any city park except in: 1. Barbecue grills provided. Charcoal fires are permitted in barbecue grills only, no wood fires allowed. 2. Designated firepit in Central Park by permit authorized by the city fire marshal. 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 marshal are able to ignite fires with the use of various combustible materials. (Ord. B-241, 9-16-2014) 4-3-7: LITTER: No person shall litter any city park or any lake, pond or watercourse 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, 2-1-1994) 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, 2-1-1994) 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, 2-1-1994) 4-3-10: LIQUOR RESTRICTIONS: A. Possession And Consumption Restricted: The possession and/or consumption of liquor in any city park shall be prohibited except as provided in subsection B of this section. B. Use In Parks: "Wine" and "3.2 percent 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: 1. All areas of Erickson Park. 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 percent 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 percent malt liquor. (Ord. XVI.30, 4-4-1995) 4-3-11: ANIMALS 1 : 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 Events: No animals under human control shall be allowed on the Carrolls Woods Trails during the parks and recreation sponsored Halloween Haunted Woods event, except lead dogs for the sight impaired persons. (Ord. XVI.27, 2-1-1994) 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, 2-1-1994) 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, 2-1-1994) 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, 2-1-1994) 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 systems, in any city park without a permit from the parks and recreation department. (Ord. XVI.27, 2-1-1994) 4-3-16: GLASS: No person shall bring glass containers of any kind into any city parks, including, but not be limited to, beverage containers, drinking glasses, etc. (Ord. XVI.27, 2-1-1994) 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 archery equipment in designated archery ranges. (Ord. XVI.27, 2-1-1994) 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 as described in title 1, chapter 4 of this code. (Ord. XII.21, 6-15-2004) 4-3-19: VETERANS MEMORIAL: Pursuant to Minnesota statutes, section 416.01, the city council is authorized to erect, equip, maintain, supervise and control the veterans memorial monument and the Rosemount veterans memorial walk project in Central Park in recognition of the services performed by soldiers, sailors, marines and war veterans of the United States. (Ord. XXI.20, 8-18-2009)