General Provisions
97.01 Definitions
97.02 Park operating policy
97.03 Enforcement
97.04 Fees
Activities by Persons in Parks
97.15 Park property
97.16 Sanitation
97.17 Traffic
97.18 Recreational activities
97.19 Prohibited behavior
97.20 Merchandising, advertising
and signs
Parks and Recreation Commission
97.30 Establishment; composition
97.31 Organization; officers
97.32 Powers and duties
97.33 Director of Parks and
Recreation
97.34 Budget
97.35 Annual report
97.99 Penalty
GENERAL PROVISIONS
§ 97.01 DEFINITIONS.
For the purpose of this chapter,
the following definitions shall apply
unless the context clearly indicates or
requires a different meaning.
DIRECTOR. A person
immediately in charge of any park area
and its activities, and to whom all park
attendants of such area are responsible.
PARK ATTENDANT.
Any employee of the city whose job
functions include maintaining, repairing
or supervising a park or whose job
functions include enforcing this
chapter, including park rangers.
PARK. A park,
reservation, playground, beach,
recreation center or any other area in
the city, owned or used by the city, and
devoted to active or passive recreation.
The term PARK shall
also include Riverside Cemetery.
VEHICLE. Any
wheeled conveyance, whether
motor‑powered, animal-drawn, or
self-propelled. The term shall include
any trailer in tow of or description.
Exception is made for baby carriages and
vehicles in the service of the city
parks.
(Ord. 748, passed 5-24-93)
Cross-reference:
Cemetery regulations, see Chapter
92
§ 97.02 PARK OPERATING POLICY.
(A) Park hours. City
parks shall be open daily to the public
between the hours of 8:00 a.m. and 11:00
p.m. No person shall occupy or be
present in any park during the hours it
is not open to the public, provided that
city personnel, police officers on
official duty, or other city officers,
or employees on park duty, or other
persons with special permits from the
Parks and Recreation Department who are
conducting city business are not so
restricted.
(B) Closed areas.
Any section or part of any park may be
declared closed to the public by the
Director at any time, and for any
interval of time, either temporarily, or
at regular and stated intervals (dally
or otherwise), and either entirely, or
merely to certain uses, as the Director
shall find reasonably necessary.
(C) Authority for use of
facilities. Any organized club,
school, association, or recognized group
desiring the use of specific areas of
any park, such as picnic areas, athletic
fields, or ice rinks, shall file an
application with the Parks and
Recreation Department, and shall not use
said park or area until said permit is
granted. The use of the park shall be in
the capable limits of the park.
(1) Special
permits, agreements and contracts.
Any organized club, school,
organization, association. or recognized
group desiring the use of a portion of
the park system for money-raising
affairs, whether to cover the cost of
operation or for profit, shall file an
application with the Parks and
Recreation Department, and pay to the
Department as required by the Parks and
Recreation Commission, such fees,
charges, rents, or percentages as
required by the Department for such
activities and events. The application,
among other information, must designate
the portion of the parks desired, where
ticket sales will be set up, or money is
to be collected, and how much per person
or other unit of measurement, the
location of which shall be under control
of the Parks and Recreation Department.
Any fees for the permit may be waived or
refunded at the discretion of the Parks
and Recreation Commission.
(2) Exclusive
use of park. No permit shall be
issued for the exclusive use of any park
and no permittee shall exclude the
public from the park, charge any
admittance fee, sell tickets or
otherwise require anyone to pay any fee
for entering any park except as provided
in division (C)(1) hereof.
(3) Granting of
permits. The authority for granting
permits shall be with the Parks and
Recreation Department.
(4) Cleanup by
permittee. All permits shall require
the permittee to clean up the park area
after the activity has terminated and
all applications for permits must give
the name, address, and phone number of
the permittee responsible for the
necessary policing thereof. The
permittee shall be required to pay a
security deposit for cleaning up the
area.
(5) Honoring
special permits. All persons shall
honor any special permits issued by the
Parks and Recreation Department for
certain areas, days, and times to clubs,
organizations, teams, or any other
groups, including but not limited to
picnic grounds, ball diamonds, skating
rinks, and stadiums, provided such
permit is presented on official Parks
and Recreation forms.
(Ord. 748, passed 5-24-93)
§ 97.03 ENFORCEMENT.
(A) Officials. The
Director and park attendants shall take
such actions as are necessary for the
enforcement of this chapter consistent
with city ordinances and state law. Park
attendants shall have the powers of law
enforcement officers and may issue
appearance tickets in accordance with
M.C.L.A. § 764.9c‑764.9g.
(B) Ejection. The
Director and park attendants shall have
the authority to eject for a period of
24 hours from the park any person who
violates this chapter. Repeated
violations of this chapter may result in
permanent ejection from any park.
(C) Seizure of property.
The Director and any park attendant
shall have the authority to seize and
confiscate any property, thing or device
in the park used in violation of this
chapter.
(Ord. 748, passed 5-24-93)
§ 97.04 FEES.
Parks and recreation fees shall
be set by resolution of the Commission.
ACTIVITIES BY PERSONS IN PARKS
§ 97.15 PARK PROPERTY.
No person in a park shall:
(A) Buildings and other
property.
(1)
Disfiguration and removal. Willfully
mark, deface, disfigure, injure, tamper
with, or displace or remove, any
buildings, bridges, 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) Restrooms
and washrooms. Fail to cooperate in
maintaining restrooms and washrooms in a
neat and sanitary condition.
(3) Removal of
natural resources. Dig, or remove
any beach sand, whether submerged or
not, or any soil, 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.
(4) Erection of
structures. 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 issued hereunder.
(B) Trees, shrubbery, lawns.
(1) Injury and
removal. Damage, cut, carve,
transplant or remove any tree or plant
or injure the bark, or pick the flowers
or seeds, 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.
(2) Climbing.
Climb any building or walk, stand or
sit upon monuments, vases, fountains,
railing, fences or upon any other
property not designated or customarily
used for such purposes.
(C) Wild animals, birds and
the like.
(1) Hunting.
Hunt, molest, harm, frighten, kill,
trap, chase, tease, shoot or throw
missiles at any animal, reptile, or
bird; nor shall anyone remove or have in
their possession the young of any wild
animal, or the eggs or nest, or young of
any reptile or bird.
(2) Feedings.
Give or offer, or attempt to give to
any animal or bird any tobacco, alcohol
or other known noxious substances.
(D) Glass containers.
Bring or use glass containers within the
park.
(Ord. 748, passed 5-24-93) Penalty, see
§ 97.99
§ 97.16 SANITATION.
No person in a park shall:
(A) Pollution of waters.
Throw, discharge, or otherwise place
or cause to be placed in the waters of
any fountain, pond, lake, stream, or
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 said waters.
(B) Refuse and trash.
Have brought in or shall dump,
deposit or leave any bottles, broken
glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage, or refuse, or
other trash. No such refuse or trash
shall be placed in any waters in or
contiguous to any park, or left anywhere
on the grounds thereof.
(Ord. 748, passed 5-24-93) Penalty, see
§ 97.99
§ 97.17 TRAFFIC.
(A) No person in a park shall:
(1) State motor
vehicle laws apply. Fail to comply
with all applicable provisions of the
state motor vehicle traffic laws in
regard to equipment and operation of
vehicles together with such regulations
as are contained in this chapter and
other ordinances.
(2) Enforcement
of traffic regulations. Fail to obey
all traffic officers and park employees,
such persons being hereby authorized and
instructed to direct traffic whenever
and wherever needed in the parks and on
the highways, street or roads
immediately adjacent thereto in
accordance with the provisions of these
regulations and such supplementary
regulations as may subsequently be
issued by the Director.
(3) Obey traffic
signs. Fail to observe carefully all
traffic signs indicating speed,
direction, caution, stopping, or
parking, and all others posted for
proper control and to safeguard life and
property.
(4) Speed of
vehicles. Ride or drive a vehicle at
a rate of speed exceeding 15 miles an
hour, except upon such roads as the
Director may designate, by posted signs,
for speedier travel.
(5) Operation
confined to roads. Drive any vehicle
on any 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 Director.
(6) Parking.
(a)
Designated areas. Park a vehicle in
other than an established or designated
parking area, and such use shall be in
accordance with the posted directions
there at and with the instructions of
any attendant who may be present.
(b)
Removal of vehicles. Without
permission no person shall park or store
any motor vehicle overnight in any park
owned by the city. Members of the Police
Department are hereby authorized to
remove any motor vehicle so parked or
stored.
(c)
Immovable vehicles. Leave any
vehicle anywhere in the park with one or
more wheels chained, or with motor set
in gear and doors locked, or in any
manner fixed or arranged so that such
vehicle cannot readily be moved by hand.
(d)
Emergency procedure. Fail to
immediately notify an attendant of an
emergency in the nature of a breakdown
requiring the assistance of a tow-truck,
mechanic or other person.
(e)
Double‑parking. Double park any
vehicle on any road or parkway unless
directed by a park official.
(f)
Muffler required. Fail to use a
muffler adequate to deaden the sound of
the exhaust system in a motor vehicle.
(7) Bicycles.
(a)
Confined to roads. 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.
(b)
Operation. Bicyclists shall at all
times operate same with reasonable
regard to the safety of others, signal
all turns, pass to the right of any
vehicle they are overtaking, and pass to
the right of any vehicles they may be
meeting.
(c) Rider
prohibited. Ride more persons on a
bicycle than the bicycle was designed to
accommodate.
(d)
Designated racks. Leave a bicycle in
a place other than a bicycle rack when
such is provided and there is a space
available.
(e)
Immobile. 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 them.
(f) Night
operation. Ride a bicycle at night
without an attached headlight and
without a tail light or reflector
plainly visible.
(8) Unsafe
operation of vehicle. Operate a
vehicle as defined by this chapter in an
unsafe manner.
(B) Any unlicensed vehicles or
“all-terrain vehicles,” or snowmobiles
shall be prohibited from use in any
park, unless authorized by the Parks and
Recreation Department and designated in
certain areas.
(Ord. 748, passed 5-24-93) Penalty, see
§ 97.99
§ 97.18 RECREATIONAL ACTIVITIES.
No person in a park shall:
(A) Bathing and
swimming.
(1) Designated
areas. Swim, bathe or wade 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 that 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) Certain
hours. Frequent any 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) Structure on
beach. Erect, maintain, use or
occupy on or in any beach or bathing
area, any tent, shelter or structure
unless permitted by or authorized by the
Director.
(4) Costume.
Allow themselves to be so covered with a
bathing suit as to indecently expose
his/her person. All bathing suits shall
conform to commonly accepted standards.
(5) Bathhouses.
Dress or undress on any beach or in
any vehicle, restroom or other place,
except in such bathing houses or
structures as may be provided for that
purpose.
(6) Diving.
Dive off any bridge, dam, or other
structure.
(7) Mill Pond
Park. Swim, bathe or wade within
200 feet of the dams located at Mill
Pond Park.
(B) Boating.
(1) Designated
areas. Bring into or operate any
boat, canoe, raft, or other water craft,
whether motor‑powered or not, upon any
waters, except at places designated for
boating by the Director. Such activity
shall be in accordance with applicable
regulations as are now or may hereafter
be adopted.
(2) Public
docks. Use the public docks for
dockage or other purpose without first
making arrangements for such
accommodation with the Director, who
shall assign space and collect
reasonable rental charges in conformity
with established regulations and rates.
(3) Operation of
boats/canoes. Navigate, direct, or
handle any boat/canoe in such a manner
as to unjustifiably or unnecessarily
annoy, frighten or endanger the
occupants of any other boat/canoe.
(4) Prohibition
during closing hours. Launch, dock,
or operate any boat/canoe of any kind on
any waters between the closing hour of
the park at night and opening hour the
following morning, nor shall any person
be on, or remain on or in, any boat
during the said closed hours of the
park.
(C) Fishing. Fish in
any waters, using hook-and-line, net,
trap, or other device, except in waters
designated by the Director for that use
and under such regulations and
restrictions as have been or may be
prescribed by the Director.
(D) Hunting and
firearms. Hunt, trap or pursue
wildlife at any time. No person shall
use carry, or possess firearms of any
description, or air‑rifles, spring-guns,
bow-and-arrows, slings, or any other
form of weapon potentially dangerous to
wildlife and human safety, or any
instrument that can be loaded with and
fire blank cartridges or any kind of
trapping device. Shooting into park
areas from beyond park boundaries is
forbidden.
(E) Picnic areas and
use.
(1) Regulated.
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)
Availability. Violate the regulation
that use of the individual grills,
together with tables and benches,
follows generally the rule of “First
come, first served.”
(3) Duty of
picnicker. Leave a picnic area
before the cooking grill 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.
(F) Camping. Unless
permission is granted by the Director or
park attendants, no person shall set up
tents, shacks, or any other temporary
shelter for the purpose of overnight
camping, nor shall any person leave in a
park after closing hours any movable
structure, or special vehicle to be used
or that could be used for such purposes
as house trailer, camp-trailer
campwagon, or the like.
(G) Games. Take part
in or abet the playing of any games
involving thrown, or otherwise propelled
objects such as balls, stones, arrows,
javelins, or model airplanes except in
areas set apart for such forms of
recreation. The playing of rough, or
comparatively dangerous games such as
football, baseball, soccer, and softball
is prohibited except on the fields and
courts or areas provided therefor.
(Ord. 748, passed 5-24-93) Penalty, see
§ 97.99
§ 97.19 PROHIBITED BEHAVIOR.
No person in a park shall:
(A) Intoxicating
beverages. Be under the influence of
intoxicating beverages or controlled
substances. No person shall possess or
consume beer, wine, or other alcoholic
beverages within Mill Pond Park or
Riverside Cemetery.
(B) Fireworks and
explosives. Bring in, or have in
his/her possession, or set off, or
otherwise cause to explode or discharge
or burn, any firecrackers, rocket 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 substance,
compound, mixture, or article that in
conjunction with any other substance or
compound would be dangerous from any of
the foregoing standpoints.
(C) Domestic animals.
All dogs or other domestic animals
shall be restrained at all times by
adequate leashes. Owners of such animals
shall be responsible to clean up the
defecation left by their animals.
(D) Reservation of
facilities. Occupy any seat or
bench, enter into, or loiter, or remain
in any pavilion or other park structure
or section thereof which may be
reserved.
(E) Fires. Build or
attempt to build a fire. No person shall
drop, throw, or otherwise scatter
lighted matches, burning cigarettes or
cigars, tobacco paper, or other
inflammable material, within any park
area or on any highway, road or street
abutting or contiguous thereto.
(F) 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.
(G) Disorderly conduct.
Engage in any disorderly conduct or
behavior tending to a breach of the
public peace.
(H) Causing or risking
public inconvenience, annoyance or
alarm. Cause, recklessly create a
risk of, or knowingly contribute to
inconvenience, annoyance or alarm to any
person in a park by:
(1) Engaging in
fighting or threatening, or engaging in
violent or tumultuous behavior;
(2) Jostling or
roughly crowding persons unnecessarily;
(3) Making an
obscene communication or display; or
(4) Creating a
hazardous condition by any act which
serves no legitimate purpose.
(I) Exhibit permits.
Fail to produce and exhibit any permit
from the Director which 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.
(J) Interference with
permittees. Disturb or interfere
unreasonably with any person or party
occupying any area, or participating in
any activity, under the authority of a
permit.
(K) Nelson Park.
(1) No dogs shall
be allowed within 100 feet of the cages
for the exhibited animals. This
provision shall not apply to those dogs
which may assist handicapped persons or
persons with disabilities.
(2) Harm, kill,
injure, harass, taunt or tease the
exhibited animals.
(Ord. 748, passed 5-24-93) Penalty, see
§ 97.99
§ 97.20 MERCHANDISING, ADVERTISING
AND SIGNS.
No person in a park shall:
(A) Vending and
peddling. Expose or offer for sale
any article or thing, nor shall he/she
station or place any stand, cart, or
vehicle for the transportation, sale or
display of any such article or thing.
Exception is made as to any regularly
licensed concessionaire acting by, and
under the authority and regulation of
the Director.
(B) Advertising.
Announce, advertise, or call the public
attention in any way to any article or
service for sale or hire.
(C) Signs. Paste, glue,
tack, or otherwise post any sign,
placard, advertisement, or inscription
whatsoever, nor shall any person erect
or cause to be erected any sign
whatsoever on any public lands,
highways, or roads adjacent to a park.
(Ord. 748, passed 5-24-93) Penalty, see
§ 97.99
PARKS AND RECREATION COMMISSION
§ 97.30 ESTABLISHMENT; COMPOSITION.
There is established a Parks and
Recreation Commission. Said Commission
shall consist of seven persons all
serving without pay. The Commission
shall appoint the members. The term of
office for the appointive members shall
be for three years or until their
successors are appointed and qualified
except that the members of such
commission first appointed shall be
appointed for such terms that the term
of one member shall expire one year
thereafter; the term of two members
shall expire two years thereafter;
vacancies in such Commission occurring
otherwise than by expiration of term
shall be filled by the Commission for
un-expired term.
(Ord. 483, passed 6-3-74)
§ 97.31 ORGANIZATION; OFFICERS.
Immediately after their
appointment, the members of the Parks
and Recreation Commission shall meet and
organize by electing one of their
members chairperson and such officers as
may be necessary. The Commission shall
have the power to adopt by-laws and
advise the City Manager and Commission
on rules and regulations for the proper
conduct of public parks and recreation
for the city. The Parks and Recreation
Commission shall adopt
non-discriminatory rules for the use of
parks and other facilities and shall
administer the facilities on a
non-discriminatory basis.
(Ord. 483, passed 6-3-74)
§ 97.32 POWERS AND DUTIES.
The Parks and Recreation
Commission shall provide, conduct and
supervise public parks, playgrounds,
playfields, indoor recreation centers
and other recreation areas and
facilities owned or controlled by the
city. It is authorized and directed to
prepare land use plans and maps for each
public park or other property under its
jurisdiction and to define the specific
permitted activities in each. It shall
have the power to conduct any form of
recreation or cultural activity that
will employ the leisure time of the
people in a constructive and wholesome
manner. It may conduct such activities
on properties under its own control, on
public properties with the consent of
the authorities, and on private
properties with the consent of the
owners. It will set monthly meetings
(open to the public) to plan for the
community needs in park facilities and
recreation programs. The Commission will
advise in establishing recreation and
park policies. It shall require a quorum
at all Commission meetings for formal
official action. It shall keep a
complete record of all Commission
meetings and submit the minutes to all
Commission members prior to the next
regular meeting. The Commission will
make periodic inspections of parks and
recreation areas and facilities.
(Ord. 483, passed 6-3-74)
§ 97.33 DIRECTOR OF PARKS AND
RECREATION.
The Parks and Recreation
Commission shall advise the City Manager
on selection of a Director of Parks and
Recreation.
(Ord. 483, passed 6-3-74)
§ 97.34 BUDGET.
Annually, the Parks and
Recreation Commission shall review a
proposed budget and make recommendations
to the City Manager for its approval.
The Parks and Recreation Commission may
also solicit or receive any gifts or
bequests of money or other personal
property or any donation to be applied,
principal or income, for either
temporary or permanent use for parks,
playgrounds, or other recreational
purposes.
(Ord. 483, passed 6-3-74)
§ 97.35 ANNUAL REPORT.
The Parks and Recreation
Commission shall make an annual report
to the Commission and such other reports
as from time to time may be requested.
(Ord. 483, passed 6-3-74)
§ 97.99 PENALTY.
(A) Municipal civil
infraction. Any person violating
any provision of this chapter, with the
exception of those specifically set
forth in division (B) below shall be
held responsible for a municipal civil
infraction and prosecuted in accordance
with the Municipal Civil Infractions
Ordinance. The fine for violation of a
municipal civil infraction under this
chapter shall be $50; the second
violation, $100; and the third or any
subsequent violation within any one
calendar year, $250.
(B) Criminal
misdemeanor. Any person violating
the following designated provisions of
this chapter shall be guilty of a
misdemeanor and shall be punished as
provided in § 10.99:
§ 97.15(A)(1) and (3) Park
property
(C)(1) and (2)
§ 97.16(A) and (B) Sanitation
§ 97.17(B) All-terrain vehicles
§ 97.18(D)
Recreational activities
§ 97.19(A) Behavior
(G)
(H)
(K)(2)
(Ord. 769, passed 8-14-95)
Cross-reference:
Municipal civil infractions, see
Chapter 36
