HomeMy Public PortalAbout529 Ordinance Amending Section 515 of the Code of Ordinances Regarding Parks and Recreational FacilitiesCITY OF MEDINA
ORDINANCE NO.529
An Ordinance Amending Section 515 of the Code of Ordinances Regarding
Parks and Recreational Facilities
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 515.03 is hereby amended by inserting the underlined text and
deleting the stricken text as follows:
Section 515.03. Defmitions. 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. "City Designee" means the appropriate City staff person(s) appointed by the city
council to make decisions regarding the parks.
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
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July 3, 2012
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 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. "3.2 Percent 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 City Designee 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. "Vehicle" means every device in, upon, or by which any person or property is or
may be transported or drawn upon a highway, excepting devices used exclusively upon
stationary rails or tracks.
Subd. 20. "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, sherry and sake, in each instance containing not
less than one-half of one percent nor more than 24 percent alcohol by volume for
nonindustrial use.
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July 3, 2012
Subd. 21. "Watercraft" means any motorized boat, including duck boats and personal
watercrafts.
SECTION II: Medina Code Section 515.07 is hereby amended by inserting the underlined text
and deleting the stken text as follows:
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 organized events, tournaments, exhibitions or any other special use which can
reasonably be expected to have fifty (50) or more persons involved or which may
potentially create damage to 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 boat trailers at the Independence Beach Lakeshore Park public access boat
launch area, but such permits may be issued only to Residents.
(e) For use of the boat launch at Lakeshore Park for the purposes of launching a watercraft,
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/or a fee are required without paying such fee and/or 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
City Designee.
Subd. 3. Any person seeking a permit required by this ordinance shall apply to the City
Designee. The applicant shall provide such information and complete such forms as the
City Designee 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 City Designee shall review the application for a permit and determine whether
its issuance would be inconsistent with the public health, safety and welfare. The City
Designee 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;
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July 3, 2012
(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 City Designee 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 City Designee may appeal to the city
council.
SECTION III: The ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 3' d day of July, 2012.
Sad", Arj
Eiazbeth Weir, Acting Mayor
ATTEST.
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River News this 26`h day of July, 2012.
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July 3, 2012