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PARKS AND RECREATION Article 1 – General
Regulations Section
10.1.01
Protection of Park Property It shall be
unlawful for any person to deface, mar, injure, break, or in any way interfere
with any house, building, bridge, or other property situated in any public park,
belonging to the City. No person
shall distribute any hand bills or erect any sign board or posts, or affix any
notice or bill or other writing or printing to any tree, post, building, or
other structure, within such park or possess any glass containers in the parks.
Section
10.1.02
Fees for Electrical Use of Ball Fields The City
provides the electrical power to the lights for Leahy Bowl, softball complex, McDonald’s, and Bailey Park.
Organizations wishing to use the lighting system shall: A.
Pay a fee of ten (10) dollars per night, at the
discretion of the Council;
B.
Submit a schedule of baseball or softball games and practice sessions to
the City Finance Officer for evening usage; and
C.
Make arrangements for access to the locked electrical system, as
determined by the Council.
Section
10.1.03
Protection of Trees and Shrubbery It shall be
unlawful for any person to climb any trees, or to cut, break, pluck, root up or
in any way disturb any tree, flower, shrub, plant, or bulb, placed or growing in
or upon any park, boulevard, parkway, park road, or other public ground of the
City.
Section
10.1.04
Rubbish It shall be
unlawful for any owner, occupant or agent of land abutting upon any park,
boulevard, parkway, or park road in the City to allow any litter, rubbish or
offal from said land to fall or wash upon any part of said park, boulevard,
parkway, or park road. It shall be
unlawful for any person to throw or deposit, or cause to be thrown or deposited,
any litter, dirt, offal, or rubbish of any kind upon such park, boulevard,
parkway, or park road, or in any lake or stream within or adjoining any park,
boulevard, parkway, or park road under the control of the City.
Section
10.1.05
Interfering with Animals and Birds It shall be
unlawful for any person to kill, wound, throw stones, or other missiles at, or
in any way injure or chase, or by any means intentionally scare or chase any
animal, bird, or fowl within any public park in the City.
Section
10.1.06
Protection of Grass It shall be
unlawful for any person to lead or drive any horse or other animal or any
vehicle, bicycle, or motor vehicle over or upon any of the grass plots or
planting spaces of any park, boulevard, parkway, or park road, except at such
places as provided for the parking of vehicles.
However, handicapped people in wheelchairs may enter the park.
Section
10.1.07
Selling Goods It shall be
unlawful for any person to do any hawking or peddling, or to sell or offer for
sale any goods, wares, or merchandise in any of the public parks of the City,
unless such person has been granted concession for the sale of refreshments
therein by the Council. The
concessionaire shall collect and dispose of any trash, rubbish, or litter at
least once every twenty-four (24) hours or more often as directed by the Public
Works Superintendent.
Section
10.1.08
Children Playing It
shall be unlawful for any person to permit children, or any person, to play any
games or do any running around upon any of the grass plots or planting spaces
under construction within any park or
parkway with the City and all children shall be accompanied by their parents or
other guardians.
Section
10.1.09
Boulevards Any
person owning or occupying any lot or parcel of land in this City shall keep in
order the grass plots between the sidewalk and the curb line and cut the weeds
and remove rubbish or other obstruction thereon, except such as placed thereon
by permit of the governing body of the City.
Section
10.1.10
Disorderly Conduct No person
shall commit any act of disorderly, unchaste, or lewd conduct, or habitual
loafing, or sleep on the ground or benches.
No person shall engage in any quarrel or fight, or mark, aid, or assist
in making any disorderly noise, riot, or disturbance of the peace within the
limits of any park, boulevard, parkway, park road, or public ground within the
City.
Section
10.1.11
Animals It shall be
unlawful for any person to bring any dog or other animal within any park within
the City unless the same is kept in control by a leash.
It shall be unlawful for any person to permit any dog or other animal
owned by them or accompanying them to run loose in or about the parks of the
City.
Section
10.1.12
Parks Open and Close It shall be
unlawful for any person, except caretakers, employed laborers, police officers,
or other persons without the permission of the Council, to be in, about, or upon
any of the public parks belonging to the City between the hours of eleven
o'clock P.M. and five o'clock A.M. local time.
Section
10.1.13
Electricity It
shall be unlawful for any person to use City electricity within any public park,
baseball or softball field, or concession stand for unscheduled events without
approval of the Council.
Section
10.1.14
Enforcement It shall be
the duty of all policemen, officers and any special employees employed by the
City, to enforce the provisions of this Article.
Section
10.1.15
Use of City Property (Liability Insurance) Any person
who obtains permission from the City to use City property for any activity
wherein members of the public are invited to attend, shall first acquire
liability insurance in an amount of at least one hundred thousand (100,000)
dollars and shall name the City as an additional insured.
The City shall be held harmless by said organization for any and all
personal or property injuries that might occur to any person during such
activity.
Section
10.1.16
Insurance Requirement That any
person who does not obtain liability insurance as set out above shall be
prohibited from using City property.
Article 2 – Trees and Shrubs Section
10.2.01
Tree Planting Responsibility A.
The City is herein responsible for tree planting in all City parks and
established control of street tree planting on boulevards.
Private planting of trees is not subject to City control but the City
encourages desirable species and planting practices.
B.
No person shall plant or set out any tree or plant on a boulevard or in a
public place without first procuring permission from the Council.
The applicant shall state the number of trees or plants to be planted or
set out; the location and variety of each tree or plant; and such other
information as the City shall find reasonably necessary to a fair determination
of whether permission shall be granted.
C.
The City shall grant permission for the planting of a tree or plant on a
boulevard or in a public place when it is found that the proposed planting
conforms with the area involved.
Section
10.2.02
Location of Trees No street
trees, except small trees, may be planted under or within ten (10) feet of
overhead utility wires. No trees
shall be planted over or within five (5) feet of any underground water, sewer,
or other service lines.
Section
10.2.03
Trimming Tree Branches Any tree
overhanging any street or right-of-way within the City shall have the branches
trimmed so that such branches shall not block or otherwise inhibit street and
sidewalk traffic and signs controlling said traffic.
All large established trees shall be trimmed in such a manner so as to
allow ten (10) feet clearance over sidewalks and twelve (12) feet clearance over
all streets, provided however, that trees along principal traffic thoroughfares
shall be trimmed so as to allow clearance of at least sixteen (16) feet.
The City shall have the right to prune any tree or shrub on private
property that obstructs the view of any street intersection, street lighting, or
visibility of any traffic control device or sign
Section
10.2.04
Dead or
Damaged Trees and the Pruning of Trees A.
The City shall have the right to prune and remove trees, plants and
scrubs within the access of all street, alley, avenue and lane right-of-ways as
may be necessary to insure public safety and to prevent any injury to sewers,
electric power lines, water lines, or other public improvements.
B.
The City shall have the right to cause the removal of any dead or
diseased tree on private property within the City.
The City will notify in writing the owners of the real estate where such
trees are located and removal shall be done by said owners at their own expense
within sixty (60) days after the date of service of notice by registered or
certified letter. In the event of
failure of owners to comply with such provisions, the City shall have the
authority to remove such trees or contract for the removal of such trees and
charge the cost of removal of such trees to the owners of the property by
special assessment on the property tax notice.
The City also may require the removal of dead branches from trees that
are partially dead in the same manner as set out above.
C.
If after giving notice, as set out above, the owner of real estate where
a dead or partially dead tree is located fails to remove the trees or the dead
part of a partially dead tree within sixty (60) days, then the owner of said
real estate shall be in violation of this Article.
D.
If any owner of real estate fails to remove a dead or partially dead
tree, as set out in this Article within sixty (60) days and the City elects to
remove said dead tree or partially dead tree or contract for the removal of the
same, it shall be unlawful for any person to prevent, delay, or interfere with
the City removal of said dead tree or partially dead tree.
E.
Any trees located upon real estate owned by any person which real estate
is subject to an easement by the City for street, sewer or other public
improvements, shall be liable under the provisions of this Article for the
removal of any dead tree or partially dead tree and it shall not be the
responsibility of the City to remove said tree or partially dead tree, unless
the trees are located upon real estate owned by the City.
Section
10.2.05
Interference of Trees If at any
time the trees, now or hereinafter, planted upon the parking of any street in
the City shall interfere with the electric light poles and wires and the
telephone poles and wires, said trees may be trimmed or removed under the
direction of the City Superintendent.
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