HomeMy Public PortalAbout265CITY OF MEDINA
ORDINANCE NO. 265
AN ORDINANCE AMENDING
SECTION 515 OF THE MEDINA
CODE OF ORDINANCES RELATING
TO PARKS AND RECREATIONAL FACILITIES
Section 515.01. Purpose. The purpose of this ordinance is to promote the safe and
peaceful use of city parks and recreational facilities; encourage their use for the
educational and recreational benefit and enjoyment by the public; protect and
preserve the property, facilities and material resources of the parks; and promote
the safety and general welfare of the public.
Section 515.03. Definitions. For the purposes of this ordinance, the following terms
shall have the meanings given to them.
Subd. 1. "Alcoholic Beverage" means any beverage containing more than one-
half of one percent alcohol by volume.
Subd. 2. "Amusement Contraption" means any contrivance, device, gadget,
machine, or structure designed to test the skill or strength of the user or to provide
the user with any sort of ride, lift, swing, or fall experience including, but not
limited to, ball throwing contest devices, pinball -type devices, animal ride devices,
dunk tanks, ball and hammer devices, trampoline devices and the like.
Subd. 3. "Area" means a specified place within a park.
Subd. 4. "Chief of Police" means the Medina chief of police or designee.
Subd. 5. "Controlled Substance" means any drug, substance or immediate
precursor included in Schedules I through V, of Minnesota Statutes, Section 152.02,
as amended.
Subd. 6. "Deadly Weapon" means any device or instrument designed or
intended to cause bodily injury or death to humans or animals, including bows and
arrows, slingshots, sand clubs, metal knuckles, daggers, dirks, stilettos, switch-
blade knives and similar instruments, but not including firearms. The term also
includes any device or instrument designed or intended for use in the capture or
trapping of animals.
Subd. 7. "Firearm" means any gun from which shot or a projectile is
discharged by means of explosive, gas or compressed air.
Subd. 8. "Fireworks" means any substance or combination of substances or
article prepared for the purpose of producing a visible or an audible effect by
combustion, explosion, deflagration, or detonation, and includes blank cartridges,
toy cannons, and toy canes in which explosives are used, the type of balloons which
required fire underneath to propel them, fire -crackers, torpedoes, skyrockets,
Roman candles, daygo bombs, sparklers, or other fireworks of like construction,
and any fireworks containing any explosive substance and commonly used as
fireworks. The term "fireworks" shall not include toy pistols, toy guns, in which
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paper caps containing 25 hundredths grains or less of explosive compound are used
and toy pistol caps which contain less than 20 hundredths grains of explosive
mixture.
Subd. 9. "Guest" means any person physically accompanied within a park by
a resident.
Subd. 10. "Intoxicating Liquor" means ethyl alcohol, distilled, fermented,
spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol
by weight .
Subd. 11. "Malt Liquor" means any beer, ale or other beverage made from
malt by fermentation and containing not less than one-half of one percent alcohol by
volume.
Subd. 12. "Motorized Recreational Vehicle" means any self-propelled, off -the -
road, or all -terrain vehicle including, but not limited to, snowmobiles, minibikes,
motorcycles, dune buggies, or all -terrain cycles.
Subd. 13. "Non -Intoxicating Malt Liquor" means malt liquor containing not
less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol
by weight.
Subd. 14. "Park" means any land or water area and all facilities thereon,
owned and controlled by Medina and used for park or recreational purposes.
Subd. 15. "Permit" means the written permission obtained from the Chief of
Police to carry out specified activities within a park or vehicular parking lot.
Subd. 16. "Pet" means any animal that is tamed and domesticated and kept as
a companion.
Subd. 17. "Pollutant" means any solid, liquid or gaseous substance, which
could cause contamination of land or water, so as to create or cause a nuisance or
render unclean, noxious, or unpure or be actually or potentially harmful,
detrimental or injurious to human health, safety or welfare or the health and safety
of wildlife or vegetation.
Subd. 18. "Resident" means any person who maintains or occupies a
permanent or seasonal home within Medina.
Subd. 19. "Wine" means sparkling and carbonated wine, wine made from
condensed grape must, wine made from agricultural products other than sound, ripe
grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake,
in each instance containing not less than seven percent nor more than 24 percent
alcohol by volume for nonindustrial use.
Section 515.05 Hours and Access. Subdivision 1. Parks shall be open daily, from
8 a.m. to 10 p.m. or as specifically posted. It shall be unlawful for any person or
vehicle to enter or remain in a park at any other time without notice to the Chief of
Police.
Subd. 2. The Chief of Police is authorized to close any park or specific area
thereof at any time for the protection of park property or for the public health,
safety or welfare.
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Section 515.07 Permits. Subd. 1. Permits shall be required for the following:
(a) The exclusive or special use of all or specific areas of parks, buildings,
trails or facilities;
(b) All entertainment, tournaments, exhibitions or any other special use
which can reasonably be expected to have fifty (50) or more persons
involved or which may have a detrimental effect on park property,
other park users or park facilities;
(c) Whenever obtaining a permit is required under the terms of this
ordinance; and
(d) For parking at the Independence Beach public access boat launch area,
but such permits may be issued only to residents.
Subd. 2. It shall be unlawful for any person to use any park, area, or
facility for which a permit and a fee are required without paying such fee and
obtaining such permit. Payment of the fee may be waived by the city council.
Permittees shall be liable for any loss, damage, or injury to persons or property
sustained due to the act or omissions of those attending the permitted event. It shall
be unlawful for any person to violate the terms of any permit issued pursuant to this
ordinance. Permits are not transferable without the written permission of the Chief
of Police.
Subd. 3. Any person seeking a permit required by this ordinance shall
apply to the Chief of Police. The applicant shall provide such information and
complete such forms as the Chief of Police may determine to be reasonably necessary
in order to review the permit application. The application must be accompanied by
the fee established by the city council.
Subd. 4. The Chief of Police shall review the application for a permit and
determine whether its issuance would be inconsistent with the public health, safety
and welfare . The Chief of Police shall consider the following factors at a minimum
in reaching this determination:
(a) whether the activity would conflict with any previously planned or
scheduled use of the same park or area;
(b) whether the activity is likely to result in any damage to the park or any
park facility or injury to any person;
(c) whether the activity is consistent with the purpose for which the park
or area has been established or designed; and
(d) whether the activity is likely to result in the unreasonable annoyance
or disturbances of any other park visitor.
The Chief of Police may limit or condition any permit issued to assure
compliance with this ordinance or other city ordinances and to preserve the public
health, safety and welfare.
Subd. 5. Any person aggrieved by a decision of the Chief of Police may
appeal to the city council.
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Section 515.09. General Conduct - Personal Behavior. Use of all city parks shall
be subject to the following regulations. Subdivision 1. Drug and Alcohol Use. It
shall be unlawful for any person to:
(a) Use, possess or sell any controlled substance in violation of state
statute;
(b) Serve, possess or consume any alcoholic beverage in individual serving
containers, except malt liquor and wine, within a park or on public
property directly adjacent to the park; or
(c) Sell any alcoholic beverage in any park without a temporary license from
the city council; or
(d) bring alcoholic beverages into a park in kegs, barrels or case lot
quantities without a permit.
Subd. 2. Gambling. It shall be unlawful for any person to gamble or
participate in any game of chance for any consideration or item of value.
Subd. 3. Public Nuisance. It shall be unlawful for any person to:
(a) Engage in fighting or exhibit threatening, violent, disorderly or
indecent behavior;
(b) Make unreasonable or coarse utterances, gestures or displays;
(c) Address abusive language to any person present;
(d) Otherwise create a hazardous or physically offensive condition to any
person present;
(e) Engage in any course of conduct or participate in any activity in any
park which is unreasonably and unnecessarily hazardous to the
personal safety of said person or another person; or impairs or limits
the lawful use and enjoyment of the park, area or facility by other
persons; or
(f)
Use any park or area of a park in any manner which damages or
threatens to damage the land or facilities located thereon.
Subd. 4. Littering. It shall be unlawful for any person to deposit, scatter,
drop or abandon bottles, cans, broken glass, hot coals, ashes, sewage, waste,
household garbage or other material in a park, except in receptacles provided for
such purposes.
Subd. 5. Personal Property. It shall be unlawful for any person
intentionally to disturb, harass, handle or interfere with property of any other
visitor to the park. It shall be unlawful for any person to leave or store personal
property in a park overnight or in undesignated areas of a park without notice to the
Chief of Police.
Subd. 6. Possession and Use of Firearms, Deadly Weapons and Fireworks.
It shall be unlawful for any person to have in his or her possession within a park,
use, fire or discharge, or cause to be used, fired or discharged across, in, or into
any portion of a park, any firearm or deadly weapon. It shall be unlawful for any
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person to set off or attempt to set off or ignite any fireworks in any park without a
permit.
Subd. 7. Interference with Employee Performance of Duty. It shall be
unlawful for any person to impersonate any employee of the City or interfere with,
harass or hinder any employee in the discharge of his or her duties.
Subd. 8. Operations and Uses. It shall be unlawful for any person to:
(a) Solicit, sell or otherwise peddle any goods, wares, merchandise,
services, liquids or edibles in a park without a permit;
(b) Operate a still, motion picture, video or other camera for commercial
purposes in a park without a permit;
(c) Expose, distribute or place any sign, advertising, notice poster or
display in any park without a permit;
(d) Permit a pet, except guide dogs to assist unsighted or disabled
persons, to enter or be in a park, except in areas approved by the city
council;
(e) Bring a pet into a park, unless such pet be caged or kept on a leash not
more than 6 feet in length, or be engaged in a pet exercise or training.
The pet must be kept under voice control at all times;
(f) Permit a pet to disturb, harass, or interfere with any park visitor, a
park visitor's property or a city employee;
(g) Tether any animal to a tree, plant, building or park equipment;
(h) Have custody or control of any pet in a park without possessing an
appropriate method for cleaning up pet feces and disposing of the feces
in a sanitary manner;
(i) Operate a dog sled, except on designated trails or areas;
(j) Install, use or operate within a park a loudspeaker or sound amplifying
equipment in a fixed or movable position or mounted upon any sound
truck for the purposes of giving instructions, directions, talks,
addresses, lectures or transmitting music to any persons or
assemblages of persons in or upon any place with the park without a
permit;
(k) Use or operate any radio, tape player, phonograph, television set or
other machine or device for the production or reproduction of sound in
such a manner as to be disturbing or a nuisance to reasonable persons
of normal sensitivity within the area of audibility;
(1) Willfully make or continue, or cause to be made or continued any loud,
unnecessary or unusual noise which disturbs the peace or quiet within
any park or which causes discomfort or annoyance to any reasonable
park visitor of normal sensitivity, except for special programs at dates
and times authorized by permit;
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(m) Start a fire in a park, except in designated areas and only in approved
receptacles;
(n) Leave a fire unattended or fail to fully extinguish a fire, or
(o) Scatter or leave unattended lighted matches, ashes, burning tobacco,
paper or other combustible material.
Subd. 9. Aviation. It shall be unlawful to use any park for a starting or
landing field for aircraft, hot air balloons, parachutes, hang gliders or other flying
apparatus without a permit.
Subd. 10. Demonstrations. It shall be unlawful for any person to conduct
public meetings, assemblies, worship services, entertainment, parades, or
demonstrations within a park without a permit.
Subd. 11. Amusement. It shall be unlawful to bring in, set up, construct,
manage or operate any amusement or entertainment contraption, device or gadget in
any park without a permit.
Subd. 12. Models and Toys. It shall be unlawful for any person to start,
fly or use any fuel powered model aircraft, boat or rocket or like powered toy or
model in any park without a permit.
Subd. 13. Unlawful Occupancy. It shall be unlawful for any person to enter
any park building, installation, facility or area that may be under construction,
locked or closed to the public, or to enter or be upon any building, installation or
area except during the hours of park operation or contrary to any posted notice.
Subd. 14. Protection of Property and Natural Resources. It shall be
unlawful for any person to:
(a) Intentionally or negligently remove, alter, injure or destroy any tree,
plant, rock, soil or mineral without a permit;
(b) Dig trenches, holes or other excavations in a park without a permit;
(c)
Introduce any plant, animal or other agent within a park without a
permit;
(d) Kill, trap, hunt, pursue or in any manner disturb or cause to be
disturbed, any species of wildlife without a permit;
(e) Remove any animal, living or dead, from any park without a permit;
(f) Release or abandon any animal within a park without a permit;
(g) Intentionally deface, vandalize or otherwise cause destruction to park
property;
(h) Intentionally deface, destroy, cover, damage or remove any placard,
notice or sign, or parts thereof, whether permanent or temporary,
posted or exhibited by the City;
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(i)
Place any debris or other pollutant in or upon any park land, or any
body of water in or adjacent to park land, or any tributary, stream,
storm sewer or drain flowing into such waters; or
(j) Discharge waste water or any other wastes in a park, except into
designated containers, drains or dumping stations .
Subd. 15 . Camping. It shall be unlawful for any person to camp in any park
without notice to the Chief of Police.
Subd. 16. Swimming. It shall be unlawful for any person to:
(a) Intentionally expose his or her own genitals, pubic area, buttocks, or
female breast below the top of the areola, with less than fully opaque
covering while wading, swimming or using any park property; or
(b) Take any glass bottles or glass containers of any kind into a designated
beach or play area.
Subd. 17. Boating. It shall be unlawful for any person to:
(a) Launch or land any watercraft upon any waters within a park, except
at designated locations and times;
(b) Operate any watercraft in a designate swimming area or other
prohibited area;
(c) Operate a watercraft in a park in violation of Minnesota Statues,
Chapter 86B;
(d) Operate any watercraft in violation of any ordinance or statute limiting
boat motor type or horsepower size.
(e) Operate a watercraft in such a manner that its wash or wake will
endanger, harass or unnecessarily interfere with any person or
property; or
(f) Land or operate any water craft in the area southeast of the boat launch
area on Independence Beach.
Subd. 18. Fishing. It shall be unlawful for any person to:
(a) Fish in a park in violation of any provision of Minnesota Statutes,
Chapter 97A and 97C;
(b) Fish in a prohibited lake or area; or
(c) Leave any structure, shelter or ice house upon a frozen body of water,
after 11:00 p.m., except in such areas and at such times as may be
designated by city code or other responsible public agency.
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to:
Subd . 19 . Horses and Horseback Riding. It shall be unlawful for any person
(a) Ride, lead or allow a horse within a park except in designated areas or
trails and at designated times;
(b) Ride a horse in a reckless manner so as to create a nuisance or
endanger the safety or property of any park visitor;
(c) Tether a horse to a tree, plant, building or park equipment; or
(d) Allow a horse to graze or browse.
Subd. 20. Bicycling. It shall be unlawful for any person to:
(a) Operate a bicycle, except on paved bike trails, paths or roadways and
except as close to the right hand side of paved bike trails, paths or
roadways as conditions permit;
(b) Operate a bicycle in violation of Minnesota Statutes, Chapters 168C and
169;
(c) Ride or operate a bicycle except in a prudent and careful manner and
at a speed faster than is reasonable and safe with regard to the safety
of the operator and other persons in the immediate area; or
(d) Park a bicycle at any park or beach area, except at a bicycle rack or
designated area.
Subd. 21. Snowmobiling. It shall be unlawful for any person to:
(a) Operate a snowmobile in a park except on designated trails and only on
the right side of the trail;
(b) Operate a snowmobile in violation of Minnesota Statues, Sections 84.81
et seq;
(c) Tow another person or object except through the use of a rigid tow bar
attached to the rear of the snowmobile, except in emergencies; or
(d) Operate a snowmobile in violation of any posted sign.
Subd. 22. Other Activities. It shall be unlawful for any person to
participate in or conduct any activity in any park, except those uses for which the
park area or facility has been planned, promoted or designated if such use or
activity damages or threatens to damage the land or facilities.
Subd. 23. Vehicle Operation - Other. It shall be unlawful for any person to:
(a) Operate a vehicle at a speed in excess of 20 miles per hour or the posted
speed limit;
(b) Operate any vehicle except in designated areas and at designated times;
(c) Operate a vehicle within a park in violation of posted regulations,
Minnesota Statutes, Chapter 169, county or municipal traffic codes, or
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orders or directions of traffic officers or park employees authorized to
direct traffic;
(d) Operate a vehicle in a careless or reckless manner;
(e) Operate a vehicle which emits excessive or unusual noise, noxious
fumes, dense smoke or other pollutants; or
Fail to yield right of way to pedestrians and other trail users.
(f)
Subd. 24. Parking. It shall be unlawful to:
(a) Park or leave a vehicle standing except in a designated area and only
in a manner so as not to restrict normal traffic flow;
(b) Leave a vehicle standing after the park closes without notice to the
Chief of Police;
(c) Park in a space designated for handicapped parking except with a valid
handicapped vehicle license or permit;
(d) Park or leave a vehicle without a boat trailer in a parking space
designated for vehicles with boat trailers; or
(e) Park a vehicle with a boat trailer except in designated boat trailer
parking areas.
Subd. 25. Maintenance of Personal Vehicles. It shall be unlawful for any
person to wash, polish, grease, change oil or perform other maintenance on any
vehicle in a park, except in an emergency.
Section 515.13. Penalties. Any person who violates any provision of this
ordinance or of any permit issued pursuant to this ordinance shall be guilty of a
misdemeanor.
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SECTION II:
This ordinance shall become effective ups its adoption and publication.
i
Adopted by the City Council of the of Medi
1992.
ATTEST:
VurO-4--/AeC__< VO-P- a L. Monroe, Acting Clerk -Treasurer
6th day of April ,
Gary M. • cromite, Mayor
Published in the Crow River News this 13 day of April
, 1992.
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NOTICE:-
MEDINA ..
PUBLIC NOTICE
The City Council of the City of Medina
has adopted Ordinance No. 265. The new
ordinance is a comprehensive revision of
the City's park regulations. It provides a
list of activities which are prohibited in City
parks as well as those which require a
permit from the Chief of Police. In cases in
which a permit is required, the ordinance
provides standards to be used by the
Chief of Police in the issuance of the
permit Denial of a permit may be ap-
pealed to the city council. The full text of
Ordnance No. 265 is available at Medina
city hall during regular business hours.
Laura L Monroe, Acting_Clerk-Treas-
urer •
Published in the Crow River News
Monday, April 13, 1992.
CRS59 .
Affidavit of Publication
State of Minnesota
County of Wright as
County of Hennepin
Don R. Larson, being duly sworn, on oath says that he is the publisher or authorized agent and em-
ployee of the publisher of the newspaper known as The South Crow River News and has full knowl-
edge of the facts which are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331.02, 331.06, and other applicable laws, as amended.
(B) The printed City of Medina - Public Notice
adopted Ordinance No. 265
which is attached was cut from the columns of said newspaper, and was printed and published
once each week for 1 successive weeks: it was first published on Monday the
13 day of April 19 92, and was thereafter printed and published on every Monday
to and including , the day of 19 — :
and printed be:ow is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of the notice:
Subscribed and sworn to before me
abcdefg hijklmnopgrstuvwxyz
By:
Title: P Do her R. Larson
f•:07;•, PuBLtc —
.'•:...;,.= re/ C nc�ryry C ,fArf3 'AP/