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HomeMy Public PortalAboutTitle 8, Chapter 01- ParksTITLE 8 IONA CITY CODE CHAPTER 1 (Revision: December 7, 2023) Page 195 CHAPTER 1 Parks and City Property SECTION: 8-1-1: Definitions 8-1-2: Control of Pets 8-1-3: No Alcoholic Beverages Allowed 8-1-4: No Tobacco Products Allowed 8-1-5: Operation of Motor Vehicles 8-1-6: Commercial Activities in Parks 8-1-7: Park Grounds 8-1-8: Park Hours 8-1-9: Penalties 8-1-1: DEFINITIONS. (A) Certain terms used in this Chapter shall have the meanings ascribed below. (1) DESIGNATED AREA: A specific location within public property that is delineated in its size/shape and designated by the City with signage specifically indicating that the use of tobacco products is allowed within the location. (2) PUBLIC PARK: Public property that is intended to be used for the enjoyment of the public and including facilities and/or infrastructure to facilitate rest and/or recreation, and including trails that are only for pedestrians (and exclude motor vehicles). (3) PUBLIC PROPERTY: All real property owned by the City, except any public way. (4) PUBLIC WAY: A strip of land, being the entire width between the boundary lines (i.e., measured from property line to property line), TITLE 8 IONA CITY CODE CHAPTER 1 (Revision: December 7, 2023) Page 196 occupied or intended to be occupied by a road, alley, sidewalk, railroad, public utility, or public access easement, other than a public park. (5) TOBACCO PRODUCT: Any (a) substance containing tobacco leaf (including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, blunts, clove cigarettes, or any other preparation of tobacco); (b) product or device used to inhale or facilitate the inhalation of vapor or aerosol (including, but not limited to, electronic cigarettes or e-cigarettes, vaping pens, e-liquids, and vape cartridges); and/or (c) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body by inhalation. However, “tobacco product” specifically excludes any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence. (Ord. 282-10-22, 10/18/2022). 8-1-2: CONTROL OF PETS. Pet owners shall be responsible for their pets in all public parks and must keep their pets under control, including (but not limited to) keeping pets on a leash at all times while in a public park. Pet owners shall clean up after, remove, and properly dispose of any waste left by their pets in all public parks. Further, all pets in public parks are also subject to Chapters 3 and 4 of Title 5 of this Code (regarding the treatment of Animals and Dog Control). (Ord. 282-10-22, 10/18/2022). 8-1-3: NO ALCOHOLIC BEVERAGES ALLOWED. No person shall sell, offer for sale, consume, or open any alcoholic beverage in any public park, nor shall any person possess any open container of any alcoholic beverage in any public park. Provided, however, that the City TITLE 8 IONA CITY CODE CHAPTER 1 (Revision: December 7, 2023) Page 197 may, by resolution or other written agreement, allow alcoholic beverages to be sold, consumed, and possessed in a specific public park for specific dates and times in association with an approved event. (Ord. 282-10-22, 10/18/2022). 8-1-4: NO TOBACCO PRODUCTS ALLOWED. No person shall sell, offer for sale, consume, or open any tobacco product on public property outside of a designated area. Provided, however, that the City may, by resolution or other written agreement, allow tobacco products to be sold, consumed, and possessed in a specific public park or other specified portion of public property for specific dates and times in association with an approved event. (Ord. 282-10-22, 10/18/2022). 8-1-5: OPERATION OF MOTOR VEHICLES. No person shall operate any motorized vehicle within any public park without the express written consent of the Mayor. Notwithstanding the foregoing, employees, contractors, or agents of the City may reasonably and safely operate a motorized vehicle owned by the City for City business (including maintenance) within any public park. (Ord. 282-10-22, 10/18/2022). 8-1-6: COMMERCIAL ACTIVITIES IN PARKS. No person shall sell or offer for sale any good or service within a public park, nor shall any person operate or cause to be operated any amusement ride, device, mechanical or electronic game or machine, show, or exhibit of any kind in any public park. Provided, however, that the City may, by resolution or other written agreement, allow certain commercial activities in a specific public park for specific dates and times in association with an approved event. (Ord. 282-10-22, 10/18/2022). 8-1-7: PARK GROUNDS. (A) Planting or Removal of Plants. No trees, shrubs, vines, or other plants shall be planted in any public park without the consent of the City. No trees, shrubs, vines, or other plants shall be cut down or removed from any public park without the consent of the City. (B) Damage to Park Grounds. No person shall damage, harm, or deface any City property in any public park. Further, no person shall dig or excavate in any public park without the consent of the City. (Ord. 282-10-22, 10/18/2022). TITLE 8 IONA CITY CODE CHAPTER 1 (Revision: December 7, 2023) Page 198 8-1-8: PARK HOURS. All public parks shall be closed daily from 12:00 a.m. to 5:00 a.m. All persons in any public park during any park closure without the express written consent of the Mayor shall be considered trespassers. (Ord. 282-10-22, 10/18/2022). 8-1-9: PENALTIES. A violation of any provision of this Chapter shall be an infraction. (Ord. 282-10-22, 10/18/2022).